Chapter 26Telephone Equipment

Section § 22760

Explanation

This law makes it illegal to sell cordless phones in California that were made after January 1, 1992, if they don't have certain protections. These protections are meant to stop accidental calls and unnecessary ringing. A cordless phone must have either a preset digital security code with at least 256 options or a way to automatically select from at least 256 different codes to meet these standards. Phones made before 1992 are exempt, even if they are repaired or resold.

(a)CA Business and Professions Code § 22760(a) It is unlawful to sell within this state any cordless telephone manufactured after January 1, 1992, that does not provide increased protection from unintentional line seizure and dialing, and protection from unintentional ringing.
(b)CA Business and Professions Code § 22760(b) For the purposes of this section, a cordless telephone is a two-way low power communication system consisting of the following two parts connected by a radio link:
(1)CA Business and Professions Code § 22760(b)(1) A “base” unit connected to the public switched telephone network.
(2)CA Business and Professions Code § 22760(b)(2) A “handset” or “remote” unit.
(c)CA Business and Professions Code § 22760(c) For the purposes of this section, a cordless telephone has increased protection from unintentional line seizure and dialing, and protection from unintentional ringing, if it does either of the following:
(1)CA Business and Professions Code § 22760(c)(1) Provides a randomly selected preset digital security code from among at least 256 possible codes and a means for the user to manually enter a new security code in the event of interference.
(2)CA Business and Professions Code § 22760(c)(2) Provides a means for automatically selecting a different code from among at least 256 possible discrete codes.
(d)CA Business and Professions Code § 22760(d) This section does not apply to any cordless telephone manufactured prior to January 1, 1992, whether, after the operative date of this section, it is inspected, repaired, or refurbished and returned to the original user, provided to another user in exchange for a unit needing repair, or resold.
cordless telephone unintentional line seizure unintentional dialing unintentional ringing digital security code preset codes automatic code selection radio link connection base unit handset unit phone interference protection two-way communication resale exemption January 1 1992 California phone standards
(Added by Stats. 1990, Ch. 340, Sec. 2.)

Section § 22761

Explanation

In California, any smartphone made after July 1, 2015, and sold in the state must have a feature that lets users remotely disable the phone if it's stolen. This feature, called a 'technological solution', should be easy to turn on during setup and can be reversed by the user if needed. Older phone models made before 2015 aren't required to have this feature. Selling a phone without this feature can lead to fines between $500 and $2,500 per phone. Only state or city attorneys can bring such cases. Retailers aren't liable if a phone is hacked and its security feature fails, unless they were warned by manufacturers about a fixable vulnerability. Additional safety features can be offered but must comply with emergency service laws. The law stops local governments from adding extra requirements for smartphone features to prevent thefts and enhance user privacy. It also requires any government request to interrupt communication services to comply with existing Public Utilities Code standards.

(a)CA Business and Professions Code § 22761(a) For purposes of this section, the following terms have the following meanings:
(1)Copy CA Business and Professions Code § 22761(a)(1)
(A)Copy CA Business and Professions Code § 22761(a)(1)(A) “Smartphone” means a cellular radio telephone or other mobile voice communications handset device that includes all of the following features:
(i)CA Business and Professions Code § 22761(a)(1)(A)(i) Utilizes a mobile operating system.
(ii)CA Business and Professions Code § 22761(a)(1)(A)(ii) Possesses the capability to utilize mobile software applications, access and browse the Internet, utilize text messaging, utilize digital voice service, and send and receive email.
(iii)CA Business and Professions Code § 22761(a)(1)(A)(iii) Has wireless network connectivity.
(iv)CA Business and Professions Code § 22761(a)(1)(A)(iv) Is capable of operating on a long-term evolution network or successor wireless data network communication standards.
(B)CA Business and Professions Code § 22761(a)(1)(A)(B) A “smartphone” does not include a radio cellular telephone commonly referred to as a “feature” or “messaging” telephone, a laptop, a tablet device, or a device that only has electronic reading capability.
(2)CA Business and Professions Code § 22761(a)(2) “Essential features” of a smartphone are the ability to use the smartphone for voice communications, text messaging, and the ability to browse the Internet, including the ability to access and use mobile software applications. “Essential features” do not include any functionality needed for the operation of the technological solution, nor does it include the ability of the smartphone to access emergency services by a voice call or text to the numerals “911,” the ability of a smartphone to receive wireless emergency alerts and warnings, or the ability to call an emergency number predesignated by the owner.
(3)CA Business and Professions Code § 22761(a)(3) “Hard reset” means the restoration of a smartphone to the state it was in when it left the factory through processes commonly termed a factory reset or master reset.
(4)CA Business and Professions Code § 22761(a)(4) “Sold in California,” or any variation thereof, means that the smartphone is sold at retail from a location within the state, or the smartphone is sold and shipped to an end-use consumer at an address within the state. “Sold in California” does not include a smartphone that is resold in the state on the secondhand market or that is consigned and held as collateral on a loan.
(b)Copy CA Business and Professions Code § 22761(b)
(1)Copy CA Business and Professions Code § 22761(b)(1) Except as provided in paragraph (3), any smartphone that is manufactured on or after July 1, 2015, and sold in California after that date, shall include a technological solution at the time of sale, to be provided by the manufacturer or operating system provider, that, once initiated and successfully communicated to the smartphone, can render the essential features of the smartphone inoperable to an unauthorized user when the smartphone is not in the possession of an authorized user. The smartphone shall, during the initial device setup process, prompt an authorized user to enable the technological solution. The technological solution shall be reversible, so that if an authorized user obtains possession of the smartphone after the essential features of the smartphone have been rendered inoperable, the operation of those essential features can be restored by an authorized user. A technological solution may consist of software, hardware, or a combination of both software and hardware, and when enabled, shall be able to withstand a hard reset or operating system downgrade and shall prevent reactivation of the smartphone on a wireless network except by an authorized user.
(2)CA Business and Professions Code § 22761(b)(2) An authorized user of a smartphone may affirmatively elect to disable or opt-out of enabling the technological solution at any time. However, the physical acts necessary to disable or opt-out of enabling the technological solution may only be performed by the authorized user or a person specifically selected by the authorized user to disable or opt-out of enabling the technological solution.
(3)CA Business and Professions Code § 22761(b)(3) Any smartphone model that was first introduced prior to January 1, 2015, that cannot reasonably be reengineered to support the manufacturer’s or operating system provider’s technological solution, including if the hardware or software cannot support a retroactive update, is not subject to the requirements of this section.
(c)CA Business and Professions Code § 22761(c) The knowing retail sale of a smartphone in California in violation of subdivision (b) may be subject to a civil penalty of not less than five hundred dollars ($500), nor more than two thousand five hundred dollars ($2,500), per smartphone sold in California in violation of this section. A suit to enforce this subdivision may only be brought by the Attorney General, a district attorney, or a city attorney. A failure of the technological solution due to hacking or other third-party circumvention may be considered a violation for purposes of this subdivision, only if, at the time of sale, the seller had received notification from the manufacturer or operating system provider that the vulnerability cannot be remedied by a software patch or other solution. There is no private right of action to enforce this subdivision.
(d)CA Business and Professions Code § 22761(d) The retail sale in California of a smartphone shall not result in any civil liability to the seller and its employees and agents from that retail sale alone if the liability results from or is caused by failure of a technological solution required pursuant to this section, including any hacking or other third-party circumvention of the technological solution, unless at the time of sale the seller had received notification from the manufacturer or operating system provider that the vulnerability cannot be remedied by a software patch or other solution. Nothing in this subdivision precludes a suit for civil damages on any other basis outside of the retail sale transaction, including, but not limited to, a claim of false advertising.
(e)CA Business and Professions Code § 22761(e) Any request by a government agency to interrupt communications service utilizing a technological solution required by this section is subject to Section 7908 of the Public Utilities Code.
(f)CA Business and Professions Code § 22761(f) Nothing in this section prohibits a network operator, device manufacturer, or operating system provider from offering a technological solution or other service in addition to the technological solution required to be provided by the device manufacturer or operating system provider pursuant subdivision (b).
(g)CA Business and Professions Code § 22761(g) Nothing in this section requires a technological solution that is incompatible with, or renders it impossible to comply with, obligations under state and federal law and regulation related to any of the following:
(1)CA Business and Professions Code § 22761(g)(1) The provision of emergency services through the 911 system, including text to 911, bounce-back messages, and location accuracy requirements.
(2)CA Business and Professions Code § 22761(g)(2) Participation in the wireless emergency alert system.
(3)CA Business and Professions Code § 22761(g)(3) Participation in state and local emergency alert and public safety warning systems.
(h)CA Business and Professions Code § 22761(h) The Legislature finds and declares that the enactment of a uniform policy to deter thefts of smartphones and to protect the privacy of smartphone users if their smartphones are involuntarily acquired by others is a matter of statewide concern and no city, county, or city and county shall impose requirements on manufacturers, operating system providers, wireless carriers, or retailers relating to technological solutions for smartphones.
smartphone theft prevention technological solution factory reset remote disable feature authorized user California smartphone sales smartphone inoperability emergency services compliance smartphone security feature fines 911 system access wireless emergency alerts smartphone privacy technological vulnerability notification retailer liability protection statewide smartphone policy
(Added by Stats. 2014, Ch. 275, Sec. 2. (SB 962) Effective January 1, 2015.)