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Unlocking smartphones without permission illegal in US after 01/25/13

Received this today:

It's Time to Legalize Cell Phone Unlocking

By R. David Edelman, Senior Advisor for Internet, Innovation, & Privacy

Thank you for sharing your views on cell phone unlocking with us through your petition on our We the People platform. Last week the White House brought together experts from across government who work on telecommunications, technology, and copyright policy, and we're pleased to offer our response.

The White House agrees with the 114,000+ of you who believe that consumers should be able to unlock their cell phones without risking criminal or other penalties. In fact, we believe the same principle should also apply to tablets, which are increasingly similar to smart phones. And if you have paid for your mobile device, and aren't bound by a service agreement or other obligation, you should be able to use it on another network. It's common sense, crucial for protecting consumer choice, and important for ensuring we continue to have the vibrant, competitive wireless market that delivers innovative products and solid service to meet consumers' needs.

This is particularly important for secondhand or other mobile devices that you might buy or receive as a gift, and want to activate on the wireless network that meets your needs --even if it isn't the one on which the device was first activated. All consumers deserve that flexibility.

The White House's position detailed in this response builds on some critical thinking done by the President's chief advisory Agency on these matters: the Department of Commerce's National Telecommunications and Information Administration (NTIA). For more context and information on the technical aspects of the issue, you can review the NTIA's letter to the Library of Congress' Register of Copyrights (.pdf), voicing strong support for maintaining the previous exception to the Digital Millennium Copyright Act (DMCA) for cell phone carrier unlocking.

Contrary to the NTIA's recommendation, the Librarian of Congress ruled that phones purchased after January of this year would no longer be exempted from the DMCA. The law gives the Librarian the authority to establish or eliminate exceptions -- and we respect that process. But it is also worth noting the statement the Library of Congress released today on the broader public policy concerns of the issue. Clearly the White House and Library of Congress agree that the DMCA exception process is a rigid and imperfect fit for this telecommunications issue, and we want to ensure this particular challenge for mobile competition is solved.

So where do we go from here?

The Obama Administration would support a range of approaches to addressing this issue, including narrow legislative fixes in the telecommunications space that make it clear: neither criminal law nor technological locks should prevent consumers from switching carriers when they are no longer bound by a service agreement or other obligation.

We also believe the Federal Communications Commission (FCC), with its responsibility for promoting mobile competition and innovation, has an important role to play here. FCC Chairman Genachowski today voiced his concern about mobile phone unlocking (.pdf), and to complement his efforts, NTIA will be formally engaging with the FCC as it addresses this urgent issue.

Finally, we would encourage mobile providers to consider what steps they as businesses can take to ensure that their customers can fully reap the benefits and features they expect when purchasing their devices.

We look forward to continuing to work with Congress, the wireless and mobile phone industries, and most importantly you -- the everyday consumers who stand to benefit from this greater flexibility -- to ensure our laws keep pace with changing technology, protect the economic competitiveness that has led to such innovation in this space, and offer consumers the flexibility and freedoms they deserve.
OB
 
I see others have beaten me to it, but I'll go ahead and post this anyway...

White House: Consumers should be able to unlock smartphones

latimes.com

By Salvador Rodriguez

11:19 AM PST, March 4, 2013

The White House said Monday that consumers should be able to unlock their smartphones, and that it would support legislation to make such adjustments legal.

The Obama administration said consumers deserve the flexibility to unlock their smartphones as well as their tablets, allowing consumers to use a device with a carrier other than the one they bought it from.

"It's common sense, crucial for protecting consumer choice, and important for ensuring we continue to have the vibrant, competitive wireless market that delivers innovative products and solid service to meet consumers' needs," the White House said in response to a petition.

Unlocking smartphones is particularly important to users who wish to sell their phones or buy used ones, the White House said.

In conjunction with the White House's response, Julius Genachowski, the chairman of the Federal Communications Commission, said his agency is encouraging Congress to consider a legislative solution.

"From a communications policy perspective, this raises serious competition and innovation concerns, and for wireless consumers, it doesn't pass the common-sense test," he said in a statement. "The FCC is examining this issue, looking into whether the agency, wireless providers, or others should take action to preserve consumers' ability to unlock their mobile phones."

The U.S. Copyright Office of the Library of Congress, which oversees copyright laws and declined to renew an exemption to a congressional act that bans smartphone unlocking, issued a response: "We also agree with the administration that the question of locked cellphones has implications for telecommunications policy and that it would benefit from review and resolution in that context."

Sina Khanifar, one of the people who started the petition that led to the response, said he had spoken with White House officials and was glad to hear of their support.

He said he encouraged the White House to push for amending Section 1201 of the Digital Millennium Copyright Act, which banned unlocking cellphones to protect proprietary software. The law was passed by Congress in 1998, but the Copyright Office, which reviews the act every three years, temporarily exempted unlocked phones from its provisions in 2006 and 2010.

"A lot of people reacted skeptically when I originally started the petition, with lots of comments to the effect of 'petitions don't do anything,'" Khanifar said. "The optimist in me is really glad to have proved them wrong."

Copyright
 
Saw this article and thought I'd resurrect this thread!

Bill would guarantee ability to unlock smartphones, tablets

By Chris O'Brien
4:06 PM PDT, May 9, 2013

In a move cheered by consumer advocates, a group of bipartisan legislators has introduced a bill in Congress that would ensure that users have the ability to unlock their smartphones and tablets in order to switch carriers.

The Unlocking Technology Act of 2013 (H.R. 1892) is co-sponsored by Reps. Zoe Lofgren (D-San Jose), Thomas Massie (R-Ky.), Anna G. Eshoo (D-Menlo Park) and Jared Polis (D-Colo).

"This bill reflects the way we use this technology in our everyday lives," Lofgren said in a news release. "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
 
Wow. Yet another victimless activity made criminal by the US government, who'da thunk it?

Most contract carriers (if not all) have early termination fees, charged if you decide to join up with a different carrier while you're still under contract with a contract phone, and it nearly always ends up with you paying more for the phone than you would have just buying it unlocked.. now if you do this and unlock your phone to use it with a carrier with reasonable prices, you can be fined thousands and possibly be put in jail.

In prison and thousands in debt.. over unlocking a phone!! Utterly and completely ridiculous.
 
It's great that they are drafting a bill to abolish this dcma law. It should never have passed in the first place.
 
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