Assembly Bill No. 1681
Human Traf?cking Evidentiary Access
Introduced by Cooper
January 20, 2016

201 Ex?zgng 113?? requires that a smartphone that is manufactured on or after July
time: of 310 in'Califorma afier that date, include a technological solution at
hardwar ?3 8? Whl?fhWay COnSist of software, hardware, or both software and

e? at, Once Inltlated and successfully communicated to the smartphone,
can 1? ?nder inoperable the essential features, as de?ned, of the smartphone to an
3::fthonzed user when the Smartphone is not in the possession of an authorized
This bi? require a smartphone that is manufactured on or after
January 19 2017, and sold in California, to be capable of being and
?"100ked by its manufacturer or its operating system provider. The bill would,
except as Provided, subject a seller or lessor that knowingly failed to comply with
that I"Killil?efnent to a civil penalty of $2,500 for each smartphone sold or leased.
The bill would prohibit a seller or lessor who has paid this civil penalty from
paSSing any Portion 0f the penalty on to purchasers of smartphones. The bill would

authorize only the Attorney General or a district attorney to bring a civil suit to

enforce these provisions.
Vote: majority. Appropriations: no. Fiscal committee: yes. State-mandated

local program: no.

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2m 7, :25: :3be leaseof a smartphone manufactured on or a?er January 1.
of being and unlocked by its manufacturer or its
W?ns System provider shall not result in liability to the seller or lessor ifthe inability
0f manufacturer and operating system provider to and unlock the smartphonc
is the result of actions taken by a person or entity other than the manufacturer, the
operating system provider, the seller, or the lessor and those actions were unauthorized
by the manufacturer, the operating system provider, the seller, or the lessor.
(2) Paragraph 1) does not apply if at the time of sale or lease, the seller or lessor
had been noti?ed that the manufacturer and operating system provider were unable to

and unlock the smartphonc due to those unauthorized actions.
(6) A civil suit to enforce this section may only be brought by the Attorney
General, for the sale or lease of a smartphone in California, or a district attorney for
the sale or lease of a smartphone in the county represented by the district attorney. A

seller or lessor shall not be subject to more than a single penalty for each sale or lease
of a smartphone.

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