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Text of the Mobile Device Theft Deterrence Act of 2013

This bill was introduced on May 23, 2013, in a previous session of Congress, but was not enacted. The text of the bill below is as of May 23, 2013 (Introduced).

II

113th CONGRESS

1st Session

S. 1070

IN THE SENATE OF THE UNITED STATES

May 23, 2013

(for himself, Mr. Brown, Mr. Udall of Colorado, and Mrs. Boxer) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To make it unlawful to alter or remove the unique equipment identification number of a mobile device.

1.

Short title

This Act may be cited as the Mobile Device Theft Deterrence Act of 2013 .

2.

Altering or removing mobile device unique equipment identification numbers

(a)

In general

Chapter 25 of title 18, United States Code, is amended by adding at the end the following:

515.

Altering or removing unique mobile device equipment identification numbers

(a)

Definitions

In this section—

(1)

the term manufacturer means a person who has lawfully obtained the right to assign a mobile device equipment identification number to a mobile device before the initial sale of the mobile device; and

(2)

the term unique mobile device equipment identification number means—

(A)

an international mobile equipment identity number;

(B)

electronic serial number; or

(C)

any other number or signal—

(i)

that identifies a specific mobile wireless communications device; and

(ii)

has the same function and purposes as a number described in subparagraph (A) or (B).

(b)

Prohibition

Except as provided in subsection (d), it shall be unlawful to—

(1)

knowingly remove, obliterate, tamper with, or alter a mobile device identification number; or

(2)

knowingly use, produce, traffic in, have control or custody of, or possess hardware or software, knowing it has been configured to engage in the conduct described in paragraph (1).

(c)

Penalty

Any person who violates subsection (b) shall be fined under this title, imprisoned not more than 5 years, or both.

(d)

Exception

Subsection (b) shall not apply to the manufacturer of a mobile device, a person that engineers, tests, repairs, or refurbishes a mobile device, or a person that implements technologies for the purpose of protecting the security and privacy of mobile device end users while allowing the transmission of the mobile device identification number to service providers, unless the manufacturer or person knows that the mobile device or part involved is stolen.

.

(b)

Technical and conforming amendment

The table of sections for chapter 25 of title 18, United States Code, is amended by inserting after the item relating to section 514 the following:

515. Altering or removing unique mobile device equipment identification numbers.

.