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Here's the actual bill: http://www.leginfo.ca.gov/pub/15-16/bill/asm/ab_1651-1700/ab_1681_bill_20160120_introduced.html http://www.leginfo.ca.gov/pub/15-16/bill

Here's the actual bill: http://www.leginfo.ca.gov/pub/15-16/bill/asm/ab_1651-1700/ab_1681_bill_20160120_introduced.html http://www.leginfo.ca.gov/pub/15-16/bill/asm/ab_1651-1700/ab...

simoncion 11y ago
> It looks like nothing stops you from purchasing an encrypted phone on the second-hand market... For reference, the ability to do this hinges on the Definition of "Sold in California" which is defined in -uh- CA Code 22761.(a).4 which reads: '(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.' [0] [0] http://www.leginfo.ca.gov/cgi-bin/displaycode?section=bpc&group=22001-23000&file=22760-22761 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=bpc&gr...
shampine 11y ago
Thanks, appears the main post link is down.
cmurf 11y ago
Includes leased phones, and any phone shipped to a California address. So any legit purchased phone basically would need to have a key escrow system in place by either the manufacturer or OS vendor, it wouldn't just be Apple and Google (as California companies) it includes Microsoft Windows Phones also. That sounds like it affects interstate commerce. Also interesting, the language only says "smartphones" so this doesn't include devices that aren't smartphones. OK tablets and laptops aren't included then. But what is a smartphone? What about an iPod Touch? Only if the device has a GSM/LTE/CDMA radio in it is a smartphone?
- deleted 11y ago
  [deleted]
- tlrobinson 11y ago
  "Smartphone" has the same meaning as in Section 22761. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=bpc&group=22001-23000&file=22760-22761 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=bpc&gr... 22761. (a) For purposes of this section, the following terms have the following meanings: (1) (A) "Smartphone" means a cellular radio telephone or other mobile voice communications handset device that includes all of the following features: (i) Utilizes a mobile operating system. (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) Has wireless network connectivity. (iv) Is capable of operating on a long-term evolution network or successor wireless data network communication standards. (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. It seems like a tablet with a cellular radio could arguably fit that definition as well.
  - cmurf 11y ago
    (iv) mean LTE or newer. That suggests NOT tablets, including iPod Touch like devices, because it must have all of the listed features. It also, weirdly, suggests not anything 3.5G or lower. What? Why? And in any case, Apple's end-to-end encrypted iMessage does not depend at all on such a cell network of any version. It does work on WiFi only just fine. So why are these devices exempt from terrorists and kiddie porn sickos and human traffickers? If you're going to be serious about catching that, it seems like everything that does full disk encryption would be broadly included. Desktop and laptop computers, and tablets. Why does Layer 1 matter to this?
    - tlrobinson 11y ago
      iPad does has LTE.
      - marshray 11y ago
        Not mine. I specifically got the model without cellular.

Here's the actual bill: http://www.leginfo.ca.gov/pub/15-16/bill/asm/ab_1651-1700/ab_1681_bill_20160120_introduced.html http://www.leginfo.ca.gov/pub/15-16/bill/asm/ab_1651-1700/ab...

simoncion 11y ago

> It looks like nothing stops you from purchasing an encrypted phone on the second-hand market... For reference, the ability to do this hinges on the Definition of "Sold in California" which is defined in -uh- CA Code 22761.(a).4 which reads: '(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.' [0] [0] http://www.leginfo.ca.gov/cgi-bin/displaycode?section=bpc&group=22001-23000&file=22760-22761 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=bpc&gr...

shampine 11y ago

Thanks, appears the main post link is down.

cmurf 11y ago

Includes leased phones, and any phone shipped to a California address. So any legit purchased phone basically would need to have a key escrow system in place by either the manufacturer or OS vendor, it wouldn't just be Apple and Google (as California companies) it includes Microsoft Windows Phones also. That sounds like it affects interstate commerce. Also interesting, the language only says "smartphones" so this doesn't include devices that aren't smartphones. OK tablets and laptops aren't included then. But what is a smartphone? What about an iPod Touch? Only if the device has a GSM/LTE/CDMA radio in it is a smartphone?

deleted 11y ago
[deleted]
tlrobinson 11y ago
"Smartphone" has the same meaning as in Section 22761. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=bpc&group=22001-23000&file=22760-22761 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=bpc&gr... 22761. (a) For purposes of this section, the following terms have the following meanings: (1) (A) "Smartphone" means a cellular radio telephone or other mobile voice communications handset device that includes all of the following features: (i) Utilizes a mobile operating system. (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) Has wireless network connectivity. (iv) Is capable of operating on a long-term evolution network or successor wireless data network communication standards. (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. It seems like a tablet with a cellular radio could arguably fit that definition as well.
- cmurf 11y ago
  (iv) mean LTE or newer. That suggests NOT tablets, including iPod Touch like devices, because it must have all of the listed features. It also, weirdly, suggests not anything 3.5G or lower. What? Why? And in any case, Apple's end-to-end encrypted iMessage does not depend at all on such a cell network of any version. It does work on WiFi only just fine. So why are these devices exempt from terrorists and kiddie porn sickos and human traffickers? If you're going to be serious about catching that, it seems like everything that does full disk encryption would be broadly included. Desktop and laptop computers, and tablets. Why does Layer 1 matter to this?
  - tlrobinson 11y ago
    iPad does has LTE.
    - marshray 11y ago
      Not mine. I specifically got the model without cellular.