Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB568 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 568
5	5	October 26, 2023 - Introduced by Representatives DALLMAN, SUMMERFIELD,
6	6	DITTRICH, MICHALSKI, MURSAU, O'CONNOR, ORTIZ-VELEZ, PLUMER, RETTINGER,
7	7	SCHMIDT, SWEARINGEN, TITTL and WICHGERS, cosponsored by Senators JAMES
8	8	and TOMCZYK. Referred to Committee on Consumer Protection.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to create 100.2075 of the statutes; relating to: software security
11	11	measures for text messages, granting rule-making authority, and providing a
12	12	penalty.
13	13	Analysis by the Legislative Reference Bureau
14	14	This bill requires texting software providers to ensure certain encryption and
15	15	notification features when persons send or receive text messages. “Texting service
16	16	provider" is defined in the bill as an entity that provides software that comes
17	17	preloaded on a device, and any subsequent updates to the software, that enables the
18	18	device to send or receive a text message from U.S. telephone numbers capable of
19	19	sending or receiving a text message. The bill requires texting software providers to
20	20	ensure that text message data is encrypted and sent over a network that supports
21	21	the encryption, that media sent in the text message is sent and received in its original
22	22	quality without degradation, and that text message senders and receivers receive
23	23	real-time notifications that a person is typing a message to them and whether a sent
24	24	message has been read, if the users have enabled such functions on their devices.
25	25	For further information see the state fiscal estimate, which will be printed as
26	26	an appendix to this bill.
27	27	The people of the state of Wisconsin, represented in senate and assembly, do
28	28	enact as follows:
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33	33	SECTION 1 ASSEMBLY BILL 568
34	34	SECTION 1. 100.2075 of the statutes is created to read:
35	35	100.2075 Software security measures for text messages. (1)
36	36	DEFINITIONS. In this section:
37	37	(a) “Encrypted” means processing plaintext data into ciphertext with the goal
38	38	of ensuring that the plaintext data is accessible only to parties authorized by the
39	39	plaintext data's owner.
40	40	(b) “Texting software” means the software that comes preloaded on a device,
41	41	and any subsequent updates to the software, that enables the device to send a text
42	42	message to or receive a text message from all or substantially all U.S. telephone
43	43	numbers capable of sending or receiving a text message.
44	44	(c) “Texting software provider” means an entity that provides a device's texting
45	45	software.
46	46	(2) TEXTING SOFTWARE PROVIDER REQUIREMENTS. (a) When a person sends a text
47	47	message to an individual or a group using a device's texting software, the texting
48	48	software provider for the device sending the text message shall ensure all of the
49	49	following:
50	50	1. That the data sent in the text message is encrypted and that when selecting
51	51	a communication network to send the text message to another device, the texting
52	52	software selects a network that is compatible with and supports such encryption.
53	53	2. A photo, video, or other media sent in the text message is sent in its original
54	54	quality without degradation.
55	55	3. That the person who sent the text message receives real-time notification
56	56	that the recipient of the text message has viewed it, if the text message recipient has
57	57	enabled such a notification function on his or her device.
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84	84	SECTION 1
85	85	ASSEMBLY BILL 568
86	86	4. That the intended recipient of a text message is sent a real-time notification
87	87	that a person is typing text, if the text message sender has enabled such a notification
88	88	function on his or her device.
89	89	(b) When a person uses a device to receive a text message from an individual
90	90	or a group, the texting software provider for the device receiving the text message
91	91	shall ensure all of the following:
92	92	1. That any photo, video, or other media received in the text message retains
93	93	the same quality as when it was sent without degradation.
94	94	2. That the person who sent the text message is sent a real-time notification
95	95	that the recipient of the text message has viewed it, if the text message recipient has
96	96	enabled such a notification function on his or her device.
97	97	3. That the intended recipient of a text message receives a real-time
98	98	notification that a person is typing text, if the text message sender has enabled such
99	99	a notification function on his or her device.
100	100	(3) ENFORCEMENT. (a) The department or the attorney general may bring
101	101	against a texting software provider that has violated sub. (2) an action to enforce this
102	102	section and to restrain the violation by temporary or permanent injunction.
103	103	(b) A court shall require a texting software provider who violates sub. (2) to
104	104	forfeit an amount equal to $10 per violation. Each device affected by a violation
105	105	constitutes a separate violation. Each calendar month in which a violation occurs
106	106	constitutes a separate violation.
107	107	(4) RULEMAKING. The department may promulgate rules to enforce this section.
108	108	SECTION 2.0Effective date.
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133	133	SECTION 2 ASSEMBLY BILL 568
134	134	(1) This act takes effect on the first day of the 6th month beginning after
135	135	publication.
136	136	(END)
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