BILL NUMBER: S7739B
SPONSOR: SCARCELLA-SPANTON
 
TITLE OF BILL:
An act to amend the general business law, in relation to requiring wire-
less communication method service providers disable services to stolen
wireless phones
 
PURPOSE OR GENERAL IDEA OF BILL:
Requires wireless communication method service providers disable stolen
wireless communication methods so that a stolen phone or other communi-
cation method is rendered inoperable which should deter the theft in the
first place.
 
SUMMARY OF PROVISIONS:
Section 1 Cites the bill as the "Detective Brian Simonsen's Law."
Section 2 adds a new section 399-eee to the general business law to set
forth definitions. International mobile equipment identifier (IMEI)
shall mean, a mobile equipment identifier, electronic serial number or
another other number or signal that: identifies a unique mobile wireless
phone and has the same function and purposes as a number described in
subparagraph (i) or (ii) o this paragraph.
GSMA block list means an industry database that relies on information
reported by at least fifty commercial mobile operators, is subject to
access controls, is certified to the ISO/IEC 27001 or an equivalent
standard for information security management systems, and provides
publicly available information to enable sellers, consumers, and law
enforcement to check an IMEI against lists of mobile device equipment
identification numbers to help prevent the use or activation of mobile
phones identified as stolen or fraudulently obtained.
Limiting wireless service to stolen phones. Any person, firm, partner-
ship, association, limited liability company, corporation, or other
business entity providing wireless telephone services, as such term is
defined in paragraph (b) of subdivision one of section twelve hundred
twenty-fic-c of the vehicle and traffic law, shall have and maintain a
program reasonably designed to prevent the activation on tis network of
a phone with an international mobile equipment identity number (IMEI)
that appears on the GSMA block list.
Reporting of stolen wireless phones. Any person, firm, partnership,
association, limited liability company, corporation, or other business
entity providing wireless telephone services, as such term is defined in
paragraph (b) of subdivision one of section twelve hundred twenty-five-c
of the vehicle and traffic law, who is informed by a retail store opera-
tor of the theft of new, non-activated wireless phones, shall take
reasonable steps to report the IMEI numbers of those stolen phones to
the GSMA block list.
Disabling of service to stolen wireless phone. Any person, firm, part-
nership, association, limited liability company, corporation , or other
business entity providing wireless telephone services, as sch term is
defined in paragraph (b) of subdivision one of section twelve hundred
twenty-five-c of the vehicle and traffic law, shall have and maintain a
program reasonably designed to enable to suspend service to a stolen
wireless phone upon notification by a verified customer that a wireless
phone has been stolen. Such program shall require the person or business
entity providing wireless telephone service take reasonable steps to
report the IMEI numbers of the stolen phone to the GSMA block list.
Section 3 This act shall take effect on the ninetieth day after it shall
have become law.
 
JUSTIFICATION:
In 2018, more than seventy cell phone stores were robbed in New York
City alone. Though mobile communications carriers can disable, and
block-list cell phones once reported stolen, these often go unreported
rendering block lists incomplete. Even when services are disabled, these
phones can still be used internationally or through Wi-Fi connections.
Concerningly, many of these robbery incidents are violent, such was the
case when. an elderly Bronx man was beaten for his phone just last
year.
On February 12th, 2019, Detective Brian Simonsen was responding to an
armed robbery call at a cell phone store in Queens. The perpetrator had
forced employees into the back room then exited the store pointing a
weapon at the responding officers, upon which the officers opened fire.
Detective Brian Simonsen was hit in the chest by friendly fire and
killed.
By requiring cell phone carriers to limit services or disable services
to a stolen device once notified the device has been stolen, we would
deter criminals from robbing cell phones. This bill will help protect
New Yorkers and prevent future tragic events like Detective Simonsen's
premature death.
 
PRIOR LEGISLATIVE HISTORY:
New Bill
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.