Number
140228
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. DONOVAN
Title
A substitute ordinance relating to unlocking wireless communications devices.
Sections
110-20 cr
Analysis
This ordinance requires any person who unlocks a wireless communications device for a fee or other compensation to retain a legible copy of the requesting person's government issued identification and mobile equipment identifying information. Records are to be reported to the chief of police within 24 hours in a manner prescribed by the chief of police.
Any person violating the records or reporting requirements or who unlocks a wireless communications device in violation of federal copyright law shall be subject to a forfeiture of not less than $500 nor more than $1,000 for each violation.
Body
Whereas, Cell phones and other wireless communications devices are increasingly targeted in robberies, thefts and burglaries; and
Whereas, The common council finds that one effective method for deterring these thefts, robberies and burglaries and for apprehending perpetrators is to regulate the business of providing services to unlock the hardware and programming of wireless communication devices by requiring record-keeping and reporting and by prohibiting the practices that are unlawful under federal laws designed to prevent unauthorized unlocking of these devices; and
Whereas, The common council is authorized under s. 62.11(5), Wis. Stats. and otherwise to regulate business for the protection of the health, safety and welfare of the public; now, therefore
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 110-20 of the code is created to read:
110-20. Unlocking Wireless Communication Devices.
1. DEFINITIONS. For the purposes of this section:
a. "Unlock" means any process by which the software or hardware of a wireless communication device is modified so as to permit the device's use with a service provider other than the service provider initially associated with the device.
b. "Wireless communications device" means any device through which personal wireless services are transmitted, including commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services.
2. REQUIREMENTS. Any person who unlocks, or attempts to unlock, a wireless communication device in exchange for a fee or other compensation shall:
a. Retain a legible copy of the requesting person's driver's license or other government-issued identification showing the person's name, date of birth, address and a photograph, if available, at the time unlocking is requested.
b. Record the name of the manufacturer, the model and the color of the wireless communication device.
c. Record the mobile equipment identifier (MEID), international mobile station equipment identity (IMEI) or electronic serial number (ESN) of the wireless communication device.
d. Provide a report of the information required under pars. a to c to the chief of police, along with the name and address of the person providing the unlocking service, by submitting a form in a manner prescribed by the chief of police within 24 hours of receipt of the information.
e. Comply with applicable restrictions or prohibitions on unlocking wireless communication devices required by federal law restricting or preventing circumvention of technological measures protected by copyright under Title 17 of the U.S. Code.
3. PENALTY. Any person who violates this section shall upon conviction forfeit not less than $500 nor more than $1,000 for each violation or in default of payment may be imprisoned as provided by law.
LRB
APPROVED AS TO FORM
____________________________
Legislative Reference Bureau
Date: ______________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
____________________________
Office of the City Attorney
Date: ______________________
Requestor
Drafter
LRB152360-1.2
Richard L. Withers
5/14/2014