Bill Text: NJ A4364 | 2012-2013 | Regular Session | Introduced
Bill Title: Prohibits use of certain technology for unauthorized electronic surveillance of cellular telephones and portable electronic devices.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2013-11-18 - Introduced, Referred to Assembly Judiciary Committee [A4364 Detail]
Download: New_Jersey-2012-A4364-Introduced.html
Sponsored by:
Assemblyman JOSEPH CRYAN
District 20 (Union)
Assemblywoman ANNETTE QUIJANO
District 20 (Union)
SYNOPSIS
Prohibits use of certain technology for unauthorized electronic surveillance of cellular telephones and portable electronic devices.
CURRENT VERSION OF TEXT
As introduced.
An Act prohibiting unauthorized electronic surveillance of certain devices and supplementing Title 2A of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
"Cellular telephone" means a wireless mobile communication device that transmits both oral and electronic communication, location information, and other electronic storage data, in whole or in part, through the aid of a radio, electromagnetic, photoelectric, or photo-optical system.
"Notification" means an electronic alert designed to notify the user when a software application is being accessed or activated within a cellular telephone, computer, or other portable electronic device.
"Portable electronic device" means any handheld device with mobile data access, electronic messaging, or other mobile communication or computing capabilities.
"Software application" means a set of programs, procedures, or related technology used to operate a cellular telephone or portable electronic device.
2. Except as specifically provided for in section 4 of P.L.1968, 409 (C.2A:156A-4) and section 1 of P.L.2009, c.142 (C.2A:156A-4.1), it shall be unlawful for any person to:
a. Purposely use or attempt to use any software application or other technology that disables or hides notifications, within the cellular telephone or portable electronic device of another person, that are designed to alert the user that the global positioning system or other location enabling system within the cellular telephone or portable electronic device is being accessed or activated; or
b. Purposely use or attempt to use any software application or other technology to intercept or disclose the contents of any electronic or oral communication, location information, or other information, not readily accessible to the general public, of the cellular telephone or portable electronic device of another person without the consent of the person whose communications, location information, or other information, not readily accessible to the general public, is being intercepted or disclosed.
3. Except as specifically provided for in section 6 of P.L.1968, c.409 (C.2A:156A-6), it shall be unlawful for any person to:
a. Purposely possess, sell, distribute, manufacture, assemble, or advertise the sale or distribution of any software application or other technology that is primarily used for the purpose of disabling or hiding notifications, within the cellular telephone or potable electronic device of another person, that are designed to alert the user that the global positioning system or other location enabling system within the cellular telephone or portable electronic device is being accessed or activated; or
b. Purposely possess, sell, distribute, manufacture, assemble, or advertise the sale or distribution of any software application or other technology that is primarily used for the purpose of surreptitious interception of communications, location information, or other information, not readily accessible to the general public, of the cellular telephone or portable electronic device of another person.
4. Any person who violates the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be guilty of a crime of the third degree.
5. The Attorney General shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to effectuate the purpose of P.L. , c. (C. ) (pending before the Legislature as this bill).
6. This act shall take effect immediately.
STATEMENT
This bill prohibits the unauthorized electronic surveillance of cellular telephones or portable electronic devices. For the purposes of this bill, "cellular telephone" means a wireless mobile communication device that transmits both oral and electronic communication, location information, and other electronic storage data, in whole or in part, through the aid of a radio, electromagnetic, photoelectric, or photo-optical system. "Notification" means an electronic alert designed to notify the user when a software application is being accessed or activated within a cellular telephone, computer, or other portable electronic device. "Portable electronic device" means any handheld device with mobile data access, electronic messaging, or other mobile communication or computing capabilities. "Software application" means a set of programs, procedures, or related technology used to operate a cellular telephone or portable electronic device.
Under the bill, any person, who purposely uses a software application to disable or hide notifications, within the cellular telephone or portable electronic device of another, that are designed to alert the user that the software application is accessing or activating the global positioning system, or to intercept or disclose the communications, location information, or other information of the cellular telephone or portable electronic device of another, shall be guilty of a third degree crime.
Any person who possesses, sells, distributes, manufactures, assembles, or advertises the sale or distribution of any software application or other technology primarily used for acts prohibited under this bill shall be guilty of a third degree crime.
