BE IT ENACTED BY THE TENNESSEE YMCA YOUTH IN GOVERNMENT:
Section 1: Definitions.
Computer: An electronic device for manipulating data with both long-term and short-term storage and retrieval facilities.
Software: The programs executed by a Computer.
Hardware: The physical parts that compose a Computer, including, but not limited to: any peripheral, the motherboard or other main board and the various components and chips therein, the CPU or other instruction executing apparatus, solid state memory, and other circuits and components central to the Computer's function.
Cellular Device: A Computer that is equipped with radios to communicate via equipment that follows the 2G, 3G, 4G, or 5G communication standards, or some variant thereof.
Cellular Device Manufacturer: A Company, or multiple Companies joined by contract, who produce and sell Cellular Devices to the public.
Mass Consumer Device: A Cellular Device that is sold and marketed by a Cellular Device Manufacturer whose units have sold or are projected to sell over 300,000 individual units within the State of Tennessee, whichever is larger.
Boot: The process of initializing a computer.
Bootloader: Software written for a Computer that is run in preparation for Operating System execution. The Bootloader is executed as part of the Boot Process. The bootloader typically performs the following duties:
- Prepares the computer for the Operating System,
- Performs optional checks to verify the system's components work correctly, and finally
- Passes control of the Computer to the Operating System.
Operating System: A program, or set of programs, which maintain the environment for Applications running on a Computer. These essential functionalities include, but are not limited to, multitasking, memory allocation, file system management, hardware interface protocols, and process management and separation.
Digital Signature: A procedure for a Computer to mathematically derive a message or block of data's authenticity, or verify that data was authored by a specific source.
Citizen: A Citizen of the United States whose primary residence is located in the State of Tennessee.
Section 2: Acts prohibited.
No Cellular Device Manufacturer whose product constitutes a Mass Consumer Device may institute a Digital Signature check or other non-trivial integrity control mechanism within their product's Bootloader or other pre-Operating System procedure that cannot be disabled by the end user.
- Furthermore, Cellular Device Manufacturers may not make any further attempts or institute alternate mechanisms to prevent the installation of third party operating systems on their devices.
Instructions on how to remove Cellular Device Manufacturer instituted Digital Signature checks (hereafter known as Deactivation Instructions) must come bundled with the Mass Consumer Device's post-purchase materials.
- All Deactivation Instructions must be printed on paper or another physical medium which contains ink and is readable without the acquisition of other tools.
- The Cellular Device Manufacturer may not exclusively make available Deactivation Instructions online or via other electronic retrieval mediums.
- The Cellular Device Manufacturer is also allowed, but not required, to publish concurrently, a website containing the information specified in the Mass Consumer Device's post-purchase materials.
- The process for removing Digital Signature checks or other boot time or Bootloader checks must not require any other external equipment other than that sold to the consumer.
No Cellular Device Manufacturer may bring suit against a consumer following the procedures entailed in Section 2(a) of this Act.
Section 3: Civil penalties.
Violations of terms set forth in Section 2 of this Act are enforced at the tdiscretion of the Tennessee Department of Commerce.
- The maximum damages that can be sued for by the Department of Commerce is equal to the 75 percent of the revenue generated by the sale of the Mass Consumer Device within the State of Tennessee by the Cellular Device Manufacturer.
- All damages collected under this subsection must be paid forthright to the Tennessee General Fund.
Citizens may petition the Department of Commerce to enforce a specific provision of this Act.
Citizens may file against specific companies or Cellular Device Manufacturers for violations of provisions of this Act within the Court of the Citizen's county of primary residence.
- Citizens may sue for the amount paid for the device at the original point of sale.
- Citizens who are owners of Cellular Devices bought on the second-hand market are not eligible to sue the Cellular Device Manufacturer of their device.
Section 4: Recourse for Cellular Device Manufacturers Prosecuted under this Act
Cellular Device Manufacturers may counter-sue in the respective county court in which the company is registered or a representative for the company is located or registered.
- Cellular Device Manufacturers may only counter-sue complaints brought by the Tennessee Department of Commerce.
- Cellular Device Manufacturers may not counter-sue complaints brought by private citizens under the provisions of Section 3(c) of this Act.
Section 5: Repealing Clause
All laws or parts of laws in conflict with this are hereby repealed.
Section 6: This act shall take effect on July 1st, 2023, the beginning of the State of Tennessee's next Fiscal Year, the public welfare requiring it.