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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 568
October 26, 2023 - Introduced by Representatives DALLMAN, SUMMERFIELD,
DITTRICH, MICHALSKI, MURSAU, O'CONNOR, ORTIZ-VELEZ, PLUMER, RETTINGER,
SCHMIDT, SWEARINGEN, TITTL and WICHGERS, cosponsored by Senators JAMES
and TOMCZYK. Referred to Committee on Consumer Protection.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to create 100.2075 of the statutes; relating to: software security
measures for text messages, granting rule-making authority, and providing a
penalty.
Analysis by the Legislative Reference Bureau
This bill requires texting software providers to ensure certain encryption and
notification features when persons send or receive text messages. “Texting service
provider" is defined in the bill as an entity that provides software that comes
preloaded on a device, and any subsequent updates to the software, that enables the
device to send or receive a text message from U.S. telephone numbers capable of
sending or receiving a text message. The bill requires texting software providers to
ensure that text message data is encrypted and sent over a network that supports
the encryption, that media sent in the text message is sent and received in its original
quality without degradation, and that text message senders and receivers receive
real-time notifications that a person is typing a message to them and whether a sent
message has been read, if the users have enabled such functions on their devices.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
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SECTION 1 ASSEMBLY BILL 568
SECTION 1. 100.2075 of the statutes is created to read:
100.2075 Software security measures for text messages. (1)
DEFINITIONS. In this section:
(a) “Encrypted” means processing plaintext data into ciphertext with the goal
of ensuring that the plaintext data is accessible only to parties authorized by the
plaintext data's owner.
(b) “Texting software” means the software that comes preloaded on a device,
and any subsequent updates to the software, that enables the device to send a text
message to or receive a text message from all or substantially all U.S. telephone
numbers capable of sending or receiving a text message.
(c) “Texting software provider” means an entity that provides a device's texting
software.
(2) TEXTING SOFTWARE PROVIDER REQUIREMENTS. (a) When a person sends a text
message to an individual or a group using a device's texting software, the texting
software provider for the device sending the text message shall ensure all of the
following:
1. That the data sent in the text message is encrypted and that when selecting
a communication network to send the text message to another device, the texting
software selects a network that is compatible with and supports such encryption.
2. A photo, video, or other media sent in the text message is sent in its original
quality without degradation.
3. That the person who sent the text message receives real-time notification
that the recipient of the text message has viewed it, if the text message recipient has
enabled such a notification function on his or her device.
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SECTION 1
ASSEMBLY BILL 568
4. That the intended recipient of a text message is sent a real-time notification
that a person is typing text, if the text message sender has enabled such a notification
function on his or her device.
(b) When a person uses a device to receive a text message from an individual
or a group, the texting software provider for the device receiving the text message
shall ensure all of the following:
1. That any photo, video, or other media received in the text message retains
the same quality as when it was sent without degradation.
2. That the person who sent the text message is sent a real-time notification
that the recipient of the text message has viewed it, if the text message recipient has
enabled such a notification function on his or her device.
3. That the intended recipient of a text message receives a real-time
notification that a person is typing text, if the text message sender has enabled such
a notification function on his or her device.
(3) ENFORCEMENT. (a) The department or the attorney general may bring
against a texting software provider that has violated sub. (2) an action to enforce this
section and to restrain the violation by temporary or permanent injunction.
(b) A court shall require a texting software provider who violates sub. (2) to
forfeit an amount equal to $10 per violation. Each device affected by a violation
constitutes a separate violation. Each calendar month in which a violation occurs
constitutes a separate violation.
(4) RULEMAKING. The department may promulgate rules to enforce this section.
SECTION 2.0Effective date.
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SECTION 2 ASSEMBLY BILL 568
(1) This act takes effect on the first day of the 6th month beginning after
publication.
(END)
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