Here's the actual bill:
http://www.leginfo.ca.gov/pub/15-16/bill/asm/ab_1651-1700/ab...
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?
"Smartphone" has the same meaning as in Section 22761.
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 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?
Maybe, but I think maybe not...
My 3G Nexus S "[i]s capable of operating on a long-term evolution network or successor wireless data network communication standards". This is because 3G LTE networks seem to also communicate with 3G, 2G, and 1G radios just fine.
Strongly disagree, because:
> (1) (A) "Smartphone" means a cellular radio telephone or other mobile voice communications handset device...
and additionally:
> B) A "smartphone" does not include a radio cellular telephone commonly referred to as a "feature" or "messaging" telephone, a laptop, a tablet device, ...
Not only are tablets specifically excluded in the definition, "mobile voice communications handset device" would likely exclude them from the definition all by itself.
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&gr...