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California Passes Law Mandating Smartphone Kill Switch

alphadogg (971356) writes "Smartphones sold in California will soon be required to have a kill switch that lets users remotely lock them and wipe them of data in the event they are lost or stolen. The demand is the result of a new law, put into effect on Monday, that applies to phones manufactured after July 1, 2015, and sold in the state. While its legal reach does not extend beyond the state's borders, the inefficiency of producing phones solely for California means the kill switch is expected to be adopted by phone makers on handsets sold across the U.S. and around the world."

32 of 233 comments (clear)

  1. The worrisome part by timrod · · Score: 4, Interesting

    From the article:

    Police can also use the tool, but only under the conditions of the existing section 7908 of the California Public Utilities Code. That gives police the ability to cut off phone service in certain situations and typically requires a court order, except in an emergency that poses “immediate danger of death or great bodily injury.”

    1. Re:The worrisome part by i+kan+reed · · Score: 2

      Oh no, they might killswitch a phone thought to be a bomb trigger.

      I get the worry you've got: that "they" will use this language as a fiat tool to shut down whatever "they" want. Of course if "they" are really that arbitrary, what does the language in the law matter?

    2. Re:The worrisome part by Mr+D+from+63 · · Score: 2

      Can't they already cut off phone service without killing the phone itself? Seems like two different things mixed together. If the purpose of the kill switch is to erase data and render inoperable, and therefore prevent theft, there is little logical reason that not erasing a phone's data would somehow present a threat or prevent a criminal act. In fact, it may erase evidence.

    3. Re:The worrisome part by edibobb · · Score: 5, Insightful

      ... and the federal government will use the tool whenever they darn well please.

    4. Re: The worrisome part by DigiShaman · · Score: 2

      It's why your photos and media should sync to the cloud immediately after. Brick the phone? Fuck you, in the cloud baby! Put me in prison? Fuck you, deadman switch will release all data to the public!

      --
      Life is not for the lazy.
    5. Re:The worrisome part by mrchaotica · · Score: 4, Insightful

      The language in the law matters because it mandates that carriers must make it technically possible for law enforcement to use the killswitch. Otherwise, it could have been implemented in such a way that only the owner could do it (e.g. by requiring a user-set access code).

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    6. Re:The worrisome part by Anonymous Coward · · Score: 2, Insightful

      NSA apologist and shill above. The NSA broke the law, with a watchdog, and a citizenry that knows they broke the law, and they are still continuing to break the law.

      Your statements do not match up with recent history. The cynic above you is actually provable correct.

    7. Re:The worrisome part by qbast · · Score: 5, Insightful

      So you live in a world where almost every single person accused of a crime in US gets a trial by jury of their peers? What colour is sky in your world? Because here, in real world jury trial is a very rare thing - 97% prosecutions end with plea bargain ( http://www.thecrimereport.org/... ) . This is a real problem, because plea bargain has nothing to do with justice.

    8. Re:The worrisome part by NatasRevol · · Score: 2

      Actually, it would make perfect sense.

      Make it a dead mans switch.

      Doesn't go off until police turn off phone service, which doesn't send 'don't blow up' message.

      Make sure you're in good cell coverage first though...

      --
      There are two types of people in the world: Those who crave closure
    9. Re: The worrisome part by qbast · · Score: 3, Interesting

      Exactly. Does anyone know of an audio recording app for android which *immediately* (while it is still recording) uploads to remote server? Even better if it is possible to start it in unobtrusive way.

    10. Re:The worrisome part by ShanghaiBill · · Score: 4, Insightful

      Choosing not to go to trial is very different than never being offered one.

      Except that the "offer" is accept a plea bargain and go to prison for five years, or go to trial and risk going to prison for twenty years. A trial by jury should be a right of every citizen. You should not have to spend your life in prison just for asserting that right.

      Many of the people exonerated and freed by the Innocence Project had plead guilty, to avoid a harsher sentence, despite being innocent of the crime.

    11. Re:The worrisome part by Mr_Wisenheimer · · Score: 2

      There's no requirement for manufacturers to give anyone but the user the ability to lock the phone.

      Also, it is not as if the police are going to get some special remote wiping gun they can aim at you. If some corrupt officers wanted to get rid of the data, they would just seize the phone as evidence and then delete the files or "lose" the phone.

      It is not clear that there will be any method for anyone but the user to initiate a remote lockdown and even if there were, carriers are not going to do it without going through some tedious process. Carriers won't even usually locate your phone for you when you file a police report and get the authorities to ask them. Usually there is some ridiculously long process the police have to go through which is why most departments refuse.

    12. Re:The worrisome part by Mr_Wisenheimer · · Score: 2

      The bill itself mandates only that the user be able to deactivate the device. It does not specify how it should be implemented technologically nor does it specify whether carriers and manufacturers should allow anyone else to deactivate the device but the user. It also mandates that the user be able to disable the deactivation function.

  2. Worldwide reach by countach · · Score: 4, Interesting

    An interesting case of how one US state could change worldwide products.

    1. Re:Worldwide reach by Anonymous Coward · · Score: 3, Funny

      Given that the UN and the largest financial markets are in New York, it does hold significant weight as a meeting place. On the other hand, what is unique to California? The prevalence of almond production and the odd belief that technology development requires a centralized physical place. So clearly New York is full of liars while California is full of nuts.

    2. Re:Worldwide reach by i.r.id10t · · Score: 3, Interesting

      Has happened quite a bit in the past... even now, some firearms have "California models" vs. "everywhere else". Example would be the GSG and/or SIG 1911 clones in 22lr that have threaded barrels for "everywhere else" and the thread protector is either silver soldered in place or a different barrel is used for the California model.

      A less inflammatory example would be the Porsche 930 from '84 to '89. The California emissions laws wouldn't allow them to be imported into the US at all (greymarket cars from Canada aside, and now the old age exemption). Porsche solved this by offering the factory Turbo Look option, priced about half way between the normal 911 model and the 930 model. To make them, they took a 930, removed the rear windshield wiper, the turbo script under the whale tail, and the turbo engine, putting in the 3.2l normal engine. These were known as "M491" cars after the option package code, and just over 1000 were produced in the 5 year model span (420 for the '83 model year, dwindling down to 15 or so in '89 and almost all were coupes - very few cabriolets were made, and only a few targa models), almost all of which were for US delivery. Buyers got that great wide back end sexy body look, the better brakes, suspension, etc. of the 930, but the regular 3.2l engine that could pass California's emissions laws.

      --
      Don't blame me, I voted for Kodos
    3. Re:Worldwide reach by mrchaotica · · Score: 3, Informative

      A State should not have to the power to force a separate product.

      That ship has already sailed. The California Air Resources Board (CARB), for example, has had stricter auto emissions standards for years, resulting in cars being sold in either "49-state" and "California emissions" versions, or a "50-state" version that meets CARB standards whether it's sold there or not.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  3. Bets on first use by Anonymous Coward · · Score: 4, Insightful

    How many want to take up a bet when the next 'troublesome' protest gets targeted with the kill switch... in the name of public safety, of course....

    1. Re:Bets on first use by Jeremi · · Score: 2

      Besides, weren't there apps that do this that folks could purchase of their own free will?

      There are, but the feature doesn't work as a theft deterrent unless almost everybody has it. If only a few people have it, thieves will steal phones anyway, because the likelihood is they can resell most of the phones they steal. If/when we get to the point where almost all phones auto-brick after they are stolen, cell-phone thieves will lose their profit incentive and move on to something else.

      --


      I don't care if it's 90,000 hectares. That lake was not my doing.
    2. Re:Bets on first use by qbast · · Score: 2

      Yes, but the problem with these apps is that they give control only to owner of the phone, not to police.

  4. Unintended consequences ... by gstoddart · · Score: 5, Interesting

    I predict it will be less than a year before law enforcement decides to shut down all cell phones of people they disagree with (like protesters).

    I predict it will be less than a year before hackers figure out how to brick or otherwise damage cell phones.

    Because, as usual, when you try to pass a legal solution to a technical problem, you will introduce new technical problems, and if law enforcement can abuse something they will.

    This will be misused, it's only a matter of time. And, since manufacturers will decide to make the phone the same for everywhere, we're all fucked because of a decision in California. And I don't trust that the carriers won't brick a phone you own if your bill is late, instead of just cancelling your service they'll kill your phone.

    Everyone around the world will now have a phone which has a loop-hole allowing law enforcement, government, and private industry to brick it. Add to that the likely back doors for law enforcement to look into your phone, and suddenly your phone is controlled by entities which aren't you.

    --
    Lost at C:>. Found at C.
  5. Tornadoes by Overzeetop · · Score: 4, Funny

    They both do. How else do you account for all the rotational energy which spawns tornadoes in the middle of the country?

    --
    Is it just my observation, or are there way too many stupid people in the world?
  6. No different than emission standards by swb · · Score: 2

    California is basically a nation-state unto itself. It is so large and relatively wealthy that when it sets standards, it often sets them for the entire nation and occasionally the world.

    IIRC, auto emissions controls were one of those things California began to mandate. Not selling cars in California wasn't an option, so automakers began basically making cars that met their standards and sold them everywhere because the economies of scale made it make sense to do so.

    1. Re:No different than emission standards by Solandri · · Score: 2

      California has a GDP just shy of $2 trillion. If it were a country, that would put it at #10 in the world, just behind the UK, Russia, Brazil, and Italy; just ahead of India, Canada; bigger than Spain, Austrailia; nearly twice as big as South Korea, Mexico; and four times as big as Sweden, Norway.

      That said, I seriously doubt this will have repercussions outside of California other than the capability being there if other legal jurisdictions should choose to require it. This isn't like a new formulation for gasoline, or an entirely new engine emissions system which needs to be designed from scratch. It's basically software, and it'd be trivial write to a PROM upon delivery or sale to permanently enable/disable the functionality. In this case, the cost of "manufacturing" two different devices for different markets is trivial.

  7. Re:How long will it be before script kiddies by Overzeetop · · Score: 4, Insightful

    How many iPhones and Android devices are currently being remotely wiped? I ask because both have the feature to do so currently.

    --
    Is it just my observation, or are there way too many stupid people in the world?
  8. Why hasn't it happened already? by swb · · Score: 4, Insightful

    iPhones have had the ability to be remote wiped for a long time. Yet I have not heard of a pandemic of hacker-led mass bricking of iPhones. Dirty hipsters and their iPhones have been at the center of a lot of protests yet we haven't heard of mass iPhone shutdowns by the police in response to demonstrations.

    I think government/law enforcement already have the powers they physically need to fuck with cell phones. Between Stingray devices and the ability to present national security letters to carriers or service providers, if they wanted to they could get IMEIs blacklisted or get someone like Apple to brick a specific phone.

    I think this just finally cuts off the ability of the cell carriers to encourage and profit from theft by activating stolen phones. Maybe if we treated AT&T stores like pawn shops and told them it was loss of their licenses and jail time for trafficking in stolen property if they activated stolen phones the kill switches wouldn't be necessary, but because corporate profits and lobbying we don't.

    1. Re:Why hasn't it happened already? by Theaetetus · · Score: 2

      iPhones have had the ability to be remote wiped for a long time. Yet I have not heard of a pandemic of hacker-led mass bricking of iPhones.

      http://www.cnn.com/2014/05/27/...

      Now you have.

      According to the Ministry the criminals used two “well-established schemes.” One of them was hacking users’ email accounts and elaborate phishing pages to glean victims’ Apple ID credentials. The second scheme – which may or may not related to the Oleg Pliss scam – allegedly bound devices to prearranged accounts and used “various internet resources to create ads.” Those ads promised access to Apple ID accounts that contained “a large amount of media content.” As soon as someone accepted the offer and linked their device to the account, attackers hijacked the devices.

      Phishing to obtain email credentials and then presenting yourself as the legitimate user, or offering access to free media to suck in greedy people. Social engineering - not the same thing as hacking the bricking/remote wipe protocol.

  9. Kill Switch for the CA Cell Phone Market by Ronin+Developer · · Score: 2

    So, they are mandating that cell phone manufacturers implement a kill switch to be able to sell mobile phones in CA? Is the cell phone market in CA big enough for the manufacturers to really care? Or, will they tell to CA to screw off and simply not sell in CA and the Nevada cell phone business and black market phone market will boom?

    This will be interesting to see how it plays out.

  10. Unintended Consequences by Mr+D+from+63 · · Score: 2

    The thief will have to steal more phones in order to get one that has the feature disabled.
    The thief will unfairly target older phone model owners.
    The thief will have limited time to make a call on a stolen phone, so he'll need to steal another one to make another call. "Just in time theft."
    Tracking of stolen phones will be disabled, so stolen phones will be harder to locate.

    1. Re:Unintended Consequences by Mr_Wisenheimer · · Score: 2

      The probability of thefts increasing due to this feature is incredibly low. Since anti-theft features were introduced to cars in the early 1990's, the rate of car thefts has decreased.

      Cell phone robberies are usually crimes of opportunity. Robbers rely on the victim's inattention and the fact that most phones can be easily wiped and resold. Rather than keep banging their head against the wall by stealing useless phone after useless phone, robbers will probably try some other way to get easy money.

      The rise in cell phone robberies in major cities is alarming. People rarely carry much cash and they rarely put their wallets out where it can be easily grabbed. This bill has a real chance of reducing one of the most common violent crimes in cities like New York and San Francisco.

    2. Re:Unintended Consequences by Mr_Wisenheimer · · Score: 2

      Car alarms could have induced people to steal more unalarmed cars or to commit robberies instead of thefts, but we did not see that. Rather, the rate of car thefts decreased and there was no corresponding rise in robberies.

      There is no evidence that bricking phones will increase robberies. More likely, they will decrease, as current robberies rely on the easy reselling and reactivation of phones. The bricking software will significantly decrease the value of the phone and make it difficult to resell to the market that the robbers usually target, which is simple consumer turnaround.

      Whereas a robber may have been able to easily get $400-500 on the street for a stolen phone, a bricked phone will be difficult to move and those inclined to buy them will likely not pay very much. It lowers the incentive for someone to risk serious prison time.

  11. California, the Gateway Drug of States by handy_vandal · · Score: 2

    ... the inefficiency of producing phones solely for California means the kill switch is expected to be adopted by phone makers on handsets sold across the U.S. and around the world.

    First they tempt you with California legislation.

    Next thing you know, you're hooked on NAFTA, ACTA, and God knows what other Profit-Seeking Acronyms (PSA's).

    I suppose we should feel lucky that Amazon is not using United Nations Black Drones to deliver tracking devices (such as your new phone) to your door ... or wherever they know you are ....

    --
    -kgj