LRB-4554/1
JAM:cjs
2023 - 2024 LEGISLATURE
October 16, 2023 - Introduced by Senators James and Tomczyk, cosponsored by
Representatives Dallman, Summerfield, Dittrich, Michalski, Mursau,
O'Connor, Ortiz-Velez, Plumer, Rettinger, Schmidt, Swearingen, Tittl and
Wichgers. Referred to Committee on Utilities and Technology.
SB538,1,3
1An Act to create 100.2075 of the statutes;
relating to: software security
2measures for text messages, granting rule-making authority, and providing a
3penalty.
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:
SB538,1
1Section
1. 100.2075 of the statutes is created to read:
SB538,2,3
2100.2075 Software security measures for text messages. (1) 3Definitions. In this section:
SB538,2,64
(a) “Encrypted” means processing plaintext data into ciphertext with the goal
5of ensuring that the plaintext data is accessible only to parties authorized by the
6plaintext data's owner.
SB538,2,107
(b) “Texting software” means the software that comes preloaded on a device,
8and any subsequent updates to the software, that enables the device to send a text
9message to or receive a text message from all or substantially all U.S. telephone
10numbers capable of sending or receiving a text message.
SB538,2,1211
(c) “Texting software provider” means an entity that provides a device's texting
12software.
SB538,2,16
13(2) Texting software provider requirements. (a) When a person sends a text
14message to an individual or a group using a device's texting software, the texting
15software provider for the device sending the text message shall ensure all of the
16following:
SB538,2,1917
1. That the data sent in the text message is encrypted and that when selecting
18a communication network to send the text message to another device, the texting
19software selects a network that is compatible with and supports such encryption.
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2. A photo, video, or other media sent in the text message is sent in its original
21quality without degradation.
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3. That the person who sent the text message receives real-time notification
23that the recipient of the text message has viewed it, if the text message recipient has
24enabled such a notification function on his or her device.
SB538,3,3
14. That the intended recipient of a text message is sent a real-time notification
2that a person is typing text, if the text message sender has enabled such a notification
3function on his or her device.
SB538,3,64
(b) When a person uses a device to receive a text message from an individual
5or a group, the texting software provider for the device receiving the text message
6shall ensure all of the following:
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1. That any photo, video, or other media received in the text message retains
8the same quality as when it was sent without degradation.
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2. That the person who sent the text message is sent a real-time notification
10that the recipient of the text message has viewed it, if the text message recipient has
11enabled such a notification function on his or her device.
SB538,3,1412
3. That the intended recipient of a text message receives a real-time
13notification that a person is typing text, if the text message sender has enabled such
14a notification function on his or her device.
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15(3) Enforcement. (a) The department or the attorney general may bring
16against a texting software provider that has violated sub. (2) an action to enforce this
17section and to restrain the violation by temporary or permanent injunction.
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(b) A court shall require a texting software provider who violates sub. (2) to
19forfeit an amount equal to $10 per violation. Each device affected by a violation
20constitutes a separate violation. Each calendar month in which a violation occurs
21constitutes a separate violation.
SB538,3,22
22(4) Rulemaking. The department may promulgate rules to enforce this section.
SB538,2
23Section
2.
Effective date.
SB538,4,2
1(1)
This act takes effect on the first day of the 6th month beginning after
2publication.
