March 29, 2024
New Bill Aims to Make Mobile Device Unlocking Permanently Legal

New Bill Aims to Make Mobile Device Unlocking Permanently Legal

Posted May 10, 2013 at 7:53pm by iClarified
Reps. Zoe Lofgren (D-CA), Thomas Massie (R-KY), Anna Eshoo (D-CA) and Jared Polis (D-CO) have introduced a new bill to make smartphone unlocking legal called the Unlocking Technology Act of 2013. It would make unlocking cell phones, tablets, and other mobile communication devices permanently legal in order to switch carriers.

Currently, Section 1201 of the DMCA forbids sidestepping technical measures that prevent modifying copyrighted works – such as jailbreaking a tablet to run 3rd-party apps, going around digital rights management for archiving or disability access purposes, or unlocking a cell phone – regardless of whether there is any actual copyright infringement. The Unlocking Technology Act would make it permanently legal for consumers to unlock their mobile devices, and consumers would not be required to obtain permission from their carrier before switching to a new carrier. In addition, the bill would permit the use and sale of tools – like software apps – that enable unlocking for uses that do not infringe on copyright. The President would also be required to ensure that international trade agreements reflected the changes in the Act.

"This bill reflects the way we use this technology in our everyday lives," Rep. Lofgren said. "Americans should not be subject to fines and criminal liability for merely unlocking devices and media they legally purchased. If consumers are not violating copyright or some other law, there's little reason to hold back the benefits of unlocking so people can continue using their devices."


"Everyone should be free to use their personal property as they see fit and choose their preferred technologies without penalty," said Rep. Massie. "This bill rolls back excessive and out-dated prohibitions on otherwise lawful innovations that promote marketplace competition. I look forward to advancing this bipartisan effort with Reps. Lofgren, Polis, and Eshoo."

"Consumers who are not under contract should be able to unlock their cell phones or tablets," Rep. Polis said. "We should not have laws on the books that prohibit consumer choice and stifle competition in the marketplace. I am pleased to introduce this bill with Representatives Lofgren, Massie, and Eshoo which will permanently restore consumers' freedom to switch wireless carriers."

In 2006, The Library of Congress had issued an exemption to the Digital Millennium Copyright Act that allowed for cell phone unlocking; however, it decided not to extend that exemption past January, 2013. A petition was started to protest the decision and after over 114,000 signatures the White House and the FCC came out in support of making cell phone unlocking legal.

There have been other bills introduced by members of Congress but they were considering lacking. TechDirt describes this bill as 'a real reform bill' that makes it clear: "if you circumvent some sort of digital lock for a reason that has nothing to do with infringement, it would no longer be illegal." The bill also says that the President will need to modify any trade agreements that the changes would affect.


Read More [via Electronista]


New Bill Aims to Make Mobile Device Unlocking Permanently Legal
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Comments (12)
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neerob1020
neerob1020 - March 15, 2014 at 11:43am
i have a iPhone 4 lock how to i unlock that any body help me
odedoo1
odedoo1 - May 12, 2013 at 1:32pm
it a good thing that only in America unlocking is illegal, I found a way to bypass that problem by using a calling card so the cell provider won't know where I'm calling from, I tell them that I'm calling from over sea and I just bought a phone that locked on them and if they can please unlock it for me, Till now it worked on more then 10 cell phones on 3 different cell providers.
AppleGuy299
AppleGuy299 - May 11, 2013 at 5:06pm
How am I suppose to switch carriers???
blerim
blerim - May 11, 2013 at 11:37am
Sorry help me! my iphone 4 is locked,i like to unlock,can you help please ?
Pepe
Pepe - May 11, 2013 at 3:53am
What about sprint iPhone 4S
Saul
Saul - May 10, 2013 at 8:37pm
Is jailbreaking legal?
m_thoroughbred
m_thoroughbred - May 10, 2013 at 9:00pm
Yes jail breaking is legal on smartphones it isn't legal on tablets etc. iPad and so on.
Franklin
Franklin - May 10, 2013 at 8:08pm
Seems pretty weak. It doesn't sound like it requires the carriers to unlock the phone. It would simply allow folks like the Dev Team to distribute software for unlocking phones. Since they are not currently able to create such software, it would seem to be a moot point.
m_thoroughbred
m_thoroughbred - May 10, 2013 at 8:58pm
What are you talking about? Right now you can unlock a phone by going to a website that provides such services for a fee and its permanent. It's the same method carriers use to unlock the device you are requesting. Best part not jailbreak or root needed for this to be done. The reason why the dev team haven't done a software unlock for say iPhones it's cause there are other ways to get one permanent instead.
1
davidupa
davidupa - May 10, 2013 at 10:49pm
it still protects monopoly pigs, locking should be made illegal not other way. Nobody sells locked cars, tvs or fridges
Samsuks
Samsuks - May 11, 2013 at 2:53pm
I agree......... LOL
m_thoroughbred
m_thoroughbred - May 11, 2013 at 7:10pm
If you buy a car outright you can sell it but if you finance a car you can't not unless you transfer the financial obligations through the bank to the person to whom you're selling. So basically as long as you owe money to the bank for the car you can't sell it at least not without them. The few reasons why wireless networks lock the phones that they sell in their network other then just greed is 1. Make money of you by you completing their contract. 2. To make sure that you don't buy a subsidize phone for their discounted prize and then selling it with no reprecautions. Example: iPhone 5 16gb $199 through subsidy, iPhone 5 16gb $649 unlocked. I'm not saying that this method of thinking is right but I'm not saying that is wrong.
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