California Smartphone Kill Switch Law Goes Overboard, Some Officials Say

While the law addresses stealing and reselling cellphones, Roger Entner, analyst at Recon Analytics, said it isn’t the best way to go about solving the problem. He recommended instead going with a previously recommended database that has a list of reportedly stolen phones so they can’t be activated on another network by someone other than the original owner. But once a state like California enacts such legislation, the rest of the country will have to follow suit, despite not having laws, because it's unlikely manufacturers will make phones to just ship to California and then other phones for the rest of the country, Entner said. "The carriers have made the investment and put the infrastructure in place, if New Jersey or Mississippi or Oregon follows suit, it doesn't matter to the industry, the money has already been spent."

The California law requires that any smartphone manufactured after July 1, 2015, be equipped with means of making it inoperable, said Senate Bill 962. It also includes language that makes any request by a government agency to interrupt communications services utilizing a technological solution required by this section be subject to Section 7908 of the Public Utilities Code. That's the portion of the law that the Center for Democracy and Technology finds unnecessary, said Jake Laperruque, fellow on privacy, surveillance and security for CDT. There isn’t a need for a government mandate on these issues when the industry already has promised that it will work on them, he said. “Rather than have a technology mandate, let the process work out on its own,” Laperruque said. “Honestly, most companies are headed there anyway just as a security feature to offer to their consumers. We'd rather have that develop naturally than get artificially bumped forward by a government requirement.”

Having kill switches in all cellphones will inevitably lead to fewer cellphones being stolen, but it won’t lead to fewer crimes being committed overall, he said. Instead of muggers taking wallets, cellphones and other valuables and then selling the phones and valuables, they will likely just drop the phones in a trash can so the victims can’t call for help, Entner said. The approach is more of a brute force method for fixing a problem, which leads him to ask questions about who pays for the cellphone to be unblocked if it’s found? And if a carrier knows how to unblock that phone, how long will it be until the criminals figure it out and sell code to let everyone bypass the kill switches? “Lawmakers and police officers wanted to make a statement that they are doing something -- and they're doing something radical,” he said. “If you don't really think through all of the repercussions and issues, the kill switch actually sounds awesome. But ultimately, when you think through it, it's like the [Transportation Security Administration] inspection where 67 out of 70 times the illegal [things] get through anyways -- the test fails. It's a big show that is a lot of inconvenience to people and that is not really combating what they think it will do.”

Samsung, one of the companies partnered with CTIA on the theft issue, said it takes consumer privacy and data security seriously, and it respects the intentions of the legislation. The company is working with state and local government agencies, law enforcement authorities and carrier partners toward putting an end to smartphone theft, it said. The wireless industry’s commitment to this issue gives U.S. consumers new protections if their smartphones are lost or stolen, CTIA said. Included are capabilities to remotely lock and wipe missing devices while still enabling 911 calls even when the phone is locked and giving the consumer a means to unlock the phone when it's recovered, it said. The industry will maintain its consumer education and outreach campaign to deter theft, CTIA said.

CTIA President Meredith Baker said the fulfillment of the voluntary anti-theft commitment is another example of the industry working with policymakers and law enforcement to help protect consumers’ smartphones when they are lost or stolen. Reports from San Francisco to New York City have shown the efforts are reducing device thefts across the country, she said.“We will continue to work with all interested parties to continue to deploy new technologies and tools to improve device theft deterrence tools,” Baker said. “We remind consumers to take a few minutes to use PINs, passwords, apps and other device features to protect their mobile devices and personal information.”