Bill Text: VA HB1754 | 2019 | Regular Session | Prefiled
Bill Title: Digital devices; deactivation or alteration of embedded software.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Introduced - Dead) 2019-02-05 - Left in Science and Technology [HB1754 Detail]
Download: Virginia-2019-HB1754-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding in Title 59.1 a chapter numbered 52, consisting of sections numbered 59.1-571 through 59.1-574, as follows:
§59.1-571. Definitions.
As used in this chapter, unless the context requires a different meaning:
"Digital device" means digital electronic equipment originally manufactured for distribution and sale in the United States.
"Embedded software" means any programmable instructions provided on firmware delivered with a digital device for the purposes of the digital device's operation, including all relevant patches and fixes made by the original equipment manufacturer for this purpose. "Embedded software" includes such instructions that are designated as a basic internal operating system, internal operating system, machine code, assembly code, root code, microcode, or any synonym therefor.
"Independent repair provider" means a person or business operating in the Commonwealth that (i) is not affiliated with an OEM or an OEM's authorized repair provider and (ii) is engaged in the diagnosis, service, maintenance, or repair of digital devices.
"Original equipment manufacturer" or "OEM" means any person that, in the ordinary course of its business, is engaged in the business of manufacturing digital devices and is engaged in the diagnosis, service, maintenance, or repair of digital devices.
"Owner" means a person who owns or leases a digital device purchased or used in the Commonwealth.
§59.1-572. Deactivation or alteration of embedded software prohibited.
No OEM of digital devices sold and used in the Commonwealth shall:
1. Deactivate embedded software in any digital device as a response to the digital device's being repaired by an independent repair provider at the request of its owner; or
2. Alter embedded software so as to substantially alter the functioning of the digital device as a response to the digital device's being repaired by an independent repair provider at the request of its owner.
§59.1-573. Action for damages.
Any owner who is aggrieved by a violation of this chapter shall be entitled to initiate an action to enjoin such violation and to recover actual damages. In addition to any damages awarded, the owner may be awarded reasonable attorney fees and costs.
§59.1-574. Limitation of liability.
An OEM of a digital device shall not be liable to an owner of a digital device for any damages resulting from any repair or modification to the digital device by an independent repair provider made at the request of its owner.
