Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB538 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 SENATE BILL 538
5	5	October 16, 2023 - Introduced by Senators JAMES and TOMCZYK, cosponsored by
6	6	Representatives DALLMAN, SUMMERFIELD, DITTRICH, MICHALSKI, MURSAU,
7	7	O'CONNOR, ORTIZ-VELEZ, PLUMER, RETTINGER, SCHMIDT, SWEARINGEN, TITTL and
8	8	WICHGERS. Referred to Committee on Utilities and Technology.
9	9	AN ACT to create 100.2075 of the statutes; relating to: software security
10	10	measures for text messages, granting rule-making authority, and providing a
11	11	penalty.
12	12	Analysis by the Legislative Reference Bureau
13	13	This bill requires texting software providers to ensure certain encryption and
14	14	notification features when persons send or receive text messages. “Texting service
15	15	provider" is defined in the bill as an entity that provides software that comes
16	16	preloaded on a device, and any subsequent updates to the software, that enables the
17	17	device to send or receive a text message from U.S. telephone numbers capable of
18	18	sending or receiving a text message. The bill requires texting software providers to
19	19	ensure that text message data is encrypted and sent over a network that supports
20	20	the encryption, that media sent in the text message is sent and received in its original
21	21	quality without degradation, and that text message senders and receivers receive
22	22	real-time notifications that a person is typing a message to them and whether a sent
23	23	message has been read, if the users have enabled such functions on their devices.
24	24	For further information see the state fiscal estimate, which will be printed as
25	25	an appendix to this bill.
26	26	The people of the state of Wisconsin, represented in senate and assembly, do
27	27	enact as follows:
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32	32	SECTION 1 SENATE BILL 538
33	33	SECTION 1. 100.2075 of the statutes is created to read:
34	34	100.2075 Software security measures for text messages. (1)
35	35	DEFINITIONS. In this section:
36	36	(a) “Encrypted” means processing plaintext data into ciphertext with the goal
37	37	of ensuring that the plaintext data is accessible only to parties authorized by the
38	38	plaintext data's owner.
39	39	(b) “Texting software” means the software that comes preloaded on a device,
40	40	and any subsequent updates to the software, that enables the device to send a text
41	41	message to or receive a text message from all or substantially all U.S. telephone
42	42	numbers capable of sending or receiving a text message.
43	43	(c) “Texting software provider” means an entity that provides a device's texting
44	44	software.
45	45	(2) TEXTING SOFTWARE PROVIDER REQUIREMENTS. (a) When a person sends a text
46	46	message to an individual or a group using a device's texting software, the texting
47	47	software provider for the device sending the text message shall ensure all of the
48	48	following:
49	49	1. That the data sent in the text message is encrypted and that when selecting
50	50	a communication network to send the text message to another device, the texting
51	51	software selects a network that is compatible with and supports such encryption.
52	52	2. A photo, video, or other media sent in the text message is sent in its original
53	53	quality without degradation.
54	54	3. That the person who sent the text message receives real-time notification
55	55	that the recipient of the text message has viewed it, if the text message recipient has
56	56	enabled such a notification function on his or her device.
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83	83	SECTION 1
84	84	SENATE BILL 538
85	85	4. That the intended recipient of a text message is sent a real-time notification
86	86	that a person is typing text, if the text message sender has enabled such a notification
87	87	function on his or her device.
88	88	(b) When a person uses a device to receive a text message from an individual
89	89	or a group, the texting software provider for the device receiving the text message
90	90	shall ensure all of the following:
91	91	1. That any photo, video, or other media received in the text message retains
92	92	the same quality as when it was sent without degradation.
93	93	2. That the person who sent the text message is sent a real-time notification
94	94	that the recipient of the text message has viewed it, if the text message recipient has
95	95	enabled such a notification function on his or her device.
96	96	3. That the intended recipient of a text message receives a real-time
97	97	notification that a person is typing text, if the text message sender has enabled such
98	98	a notification function on his or her device.
99	99	(3) ENFORCEMENT. (a) The department or the attorney general may bring
100	100	against a texting software provider that has violated sub. (2) an action to enforce this
101	101	section and to restrain the violation by temporary or permanent injunction.
102	102	(b) A court shall require a texting software provider who violates sub. (2) to
103	103	forfeit an amount equal to $10 per violation. Each device affected by a violation
104	104	constitutes a separate violation. Each calendar month in which a violation occurs
105	105	constitutes a separate violation.
106	106	(4) RULEMAKING. The department may promulgate rules to enforce this section.
107	107	SECTION 2.0Effective date.
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132	132	SECTION 2 SENATE BILL 538
133	133	(1) This act takes effect on the first day of the 6th month beginning after
134	134	publication.
135	135	(END)
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