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Calif. gov’t outlaws driving and dialing

WASHINGTON-The California legislature last week passed wireless-related bills that prohibit driver use of handheld cell phones in the nation’s most populous state, enhance Wi-Fi security and allow consumers to contest unauthorized wireless charges.

A bill that would have given new subscribers 21 days to cancel without penalty wireless service they found unsatisfactory failed as lawmakers adjourned for the session.

The cell-phone driver ban and Wi-Fi security bills now head to GOP Gov. Arnold Schwarzenegger, who has 30 days to sign or veto the measures. With California having become a legislative trendsetter in wireless consumer issues in recent years, any bills that become law could have broad implications beyond the state.

The cell-phone driver bill, pressed repeatedly in recent years by Sen. Joe Simitian, would require drivers to use hands-free devices to make and receive wireless calls while driving. Violators, beginning Jan. 1, 2008, would face a $20 fine for a first offense and a $50 ticket for subsequent infractions. Exceptions to the driver ban on handheld mobile-phone operations were carved out for public-safety-related calls and commercial truck drivers, including those in the farming business. Push-to-talk wireless communications would get a pass for three years from the bill’s 2008 effective date.

California already has laws in place that ban school-bus and public-transit drivers from using cell phones on the road.

If the bill becomes law, California would join New York, New Jersey, Connecticut and the District of Columbia and various towns in taking handheld phones out of the hands of drivers.

Cell phones have been implicated in fatal auto accidents and litigation in recent years. However, government and university studies indicate hands-free gadgets do not improve driver distraction.

A bill to improve the security of local area wireless networks attempts to curb a widespread problem for consumers in the state.

“Protecting Californians’ personal information is important as more people use wireless technology,” said Assembly Speaker Fabian Núñez (D). The bill attempts to remedy “piggybacking” by giving consumers helpful information during the installation of wireless Internet systems.

Manufacturers must include a warning label in one of four ways advising consumers on how to protect their personal files: a sticker warning that is placed on the ports of the wireless router; include a warning during the configuration process when installing the device; require the consumer to take some affirmative action before allowing use of the device; or provide other protections that help safeguard the consumer’s wireless connection that is enabled without action by the consumer but occurs before the device can be used.

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