MN could be first state to require phone ‘kill switch’

Minnesota could become the first state to require a “kill switch” in smartphones to protect against theft.

The House Labor, Workplace, and Regulated Industries Committee on Thursday voted to refer HF1952, sponsored by Rep. Joe Atkins (DFL-Inver Grove Heights), to the House Commerce and Consumer Protection Finance and Policy Committee. The bill would require that a “kill switch” be installed in smartphones so, if stolen, the phones can we wiped clean of all data. The bill’s companion, SF1740 sponsored by Sen. Katie Sieben (DFL-Newport), awaits action by the Senate Jobs, AGriculturee and Rural Development Committee.

Atkins said Minnesota is the first state to hold a hearing on the kill switch issue and, if passed, would be the first to put the requirement into law. It would go into effect for newly purchased smartphones on Jan. 1, 2015.

“The kill switch is cheap and effective,” Atkins said, adding that, nationally, 1 in 3 thefts involve smartphones. The violence during those thefts is also growing.

Greg Hestness, chief of police at the University of Minnesota, said 62 percent of reported thefts involve smartphones and in about 50 percent of cases criminals use firearms. To help, the university has improved building control and access, and engaged with people off campus to raise awareness about this safety issue.

“There’s room for innovation,” he said. “The kill switch is about risk reduction.”

Mike Schmit, a junior and president of the Minnesota Student Association at the University of Minnesota, said that he was a victim of a home break-in and his roommate’s laptop and phone were stolen.

“Most students have been personally affected by this issue,” he said. “We have the opportunity to make a sweeping change. We won’t make a significant dent in crime unless criminals know it’s universal.”

Opponents of the bill stated that wireless companies already provide options for consumers to protect themselves in the form of applications they can download onto their phones. These applications vary from locking, locating and erasing phones if they are lost or stolen.

Jamie Hastings, from CTIA-The Wireless Association, said there are unintended consequences with the bill, including a provision that would ban 911 calls if a phone has been reported lost or stolen and wiped clean.

“You must allow 911 call no matter what,” she said.

She added that wireless companies function on a national basis, with national contracts. “We’re very concerned that if there are state-by-state regulations it will cause problems.”

Rep. John Benson (DFL-Rochester) said his problem with the bill is that it needs to involve a national solution, not a state-by-state solution.

“I’m worried about someone hacking into the system and rendering our wireless system useless,” he said. “I’m very worried about someone who doesn’t like us flipping the switch.”

Atkins said he agrees, but that the bill would only require wireless companies to create the kill switches, not mandate how it’s done. Because of that, an overall system hack wouldn’t happen because each kill switch would be different.

“These people eat each other’s lunches every day,” Atkins said of wireless competitors. “I can’t imagine two competitors using the same technologies.”