DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 222 Original 2016 Regular Session James
Abstract: Regulates the implementation of smartphone encryption technology by smartphone
manufacturers, operating system providers, sellers, and lessors.
Proposed law enacts the Louisiana Brittney Mills Act.
Proposed law defines the term "smartphone" for the purposes of proposed law in order to provide
for clarification.
Proposed law requires that any smartphone manufactured, sold, or leased in this state shall be
capable of being decrypted and unlocked by either its manufacturer or its operating system provider
without the necessity of obtaining the user passcode.
Proposed law clarifies that proposed law is applicable not only to retail locations within the state
where smartphones are sold or leased but also to transactions whereby smartphones are sold or leased
to consumers and subsequently delivered to an address within the state.
Proposed law states that each sale or lease of a smartphone shall be a violation of proposed law when
the seller or lessor of the smartphone knew or reasonably should have known at the time of the sale
or lease that the smartphone was not capable of being decrypted and unlocked by either its
manufacturer or its operating system provider.
Proposed law declares that the seller or lessor shall be subject to a civil penalty of $2,500 for each
violation of proposed law.
Proposed law prohibits any seller or lessor, who is subject to and has paid the civil penalty for a
violation of proposed law, from raising the sales or lease price of smartphones for the purpose of
passing to the consumer all or part of the penalty imposed by proposed law.
Proposed law authorizes the attorney general to enforce the provisions of proposed law. Proposed
law requires the attorney general to enforce the provisions of proposed law when the user of the
smartphone, which is incapable of being decrypted and unlocked by either its manufacturer or its
operating system provider, is the victim of a homicide as defined in present law (R.S. 14:29).
Proposed law limits the liability of manufacturers, operating system providers, sellers, or lessors of
smartphones when its inability to decrypt and unlock a smartphone is the result of actions taken by
any other person or entity. Proposed law enumerates exceptions and clarifies that the liability of those manufacturers, operating system providers, sellers, or lessors will not be limited when they
have authorized the action that caused the inability or when they have received notice prior to the
manufacture, sale, or lease of the smartphone that such actions would reasonably result in the
inability to decrypt and unlock the smartphone.
Effective January 1, 2017.
(Adds R.S. 45:844.61-844.64)