Today, unlocking your new cell phone so it can be used on another carrier isn’t illegal. Tomorrow, that will change.
That’s because the Librarian of Congress – the official in charge of interpreting the Digital Millenium Copyright Act – has ruled that cell phone unlocking is a violation of that law. The librarian announced this position back in October, but gave a 90-day window before the decision takes effect. That window closes Saturday.
You can read the full ruling here [PDF], but here’s the pertinent part:
" The Register concluded after a review of the statutory factors that an exemption to the prohibition on circumvention of mobile phone computer programs to permit users to unlock “legacy” phones is both warranted and unlikely to harm the market for such programs. At the same time, in light of carriers’ current unlocking policies and the ready availability of new unlocked phones in the marketplace, the record did not support an exemption for newly purchased phones. Looking to precedents in copyright law, the Register recommended that the class designated by the Librarian include a 90-day transitional period to allow unlocking by those who may acquire phones shortly after the new exemption goes into effect. "
Right now, most phones are purchased for use on a specific carrier. In order for them to work on other carriers that utilize the same frequencies, handset owners must unlock them. In most cases, carriers will only provide unlock codes after a certain amount of time, which varies depending on the phone and the carrier.
You can, of course, buy phones that are unlocked from the beginning. For example, Verizon’s version of the iPhone 5 comes with an unlocked SIM slot right out of the box. Google sells its Nexus 4 smartphone unlocked. Typically, though, unlocked phones cost a lot more than locked ones, usually because the latter are subsidized through carrier contracts.
And note that unlocking a phone is different from jailbreaking, which opens the phone up to the installation of non-standard applications and modifications.
In response to this ruling, a petition to legalize unlocking has been started at the White House’s We The People site. The Obama Administration responds to petitions which draw more than 100,000 signatures. (The previous threshold was 25,000.) At this writing, the petition has drawn just over 3,000 signatures, but it has until Feb. 23 to reach the goal.
The site, of course, famously hosted petitions calling for the building of a Death Star and the secession of Texas from the U.S. Both of those petitions were denied by the White House. We’ll see what happens to this one.
wow. next thing you know it big govt will tell you another thing to do.
this is pushing the limits imo. why does govt need to have a controling hand in unlocking phones? wow
The way I interpreted it, was that it was giving control back to the carriers on if they want their phones unlocked or not. Not making it so the Gov’t decides which phones can be unlocked and which ones cannot. If a carrier wants to sell an unlocked phone phone they can, but unlocking a phone that is not supposed to be unlocked would be where you have a problem. Or at least that is how I read it??
if you buy a phone you own it, what you do with it should be your business. i don’t believe that the government should be able to tell you what you can and cannot do with your own personal property purchased legally.
Carriers do not want you to unlock your phone. Carriers make no money when they sell you a phone, they lose money with every phone they sell at a discounted price, and they don’t make a ton when you buy it outright either… They make their money when they get you by the balls for 2 years.
Some carriers sell unlocked phones, they do so at a higher cost, even though in reality there is no reason for a higher cost. They also want you to be locked into their network. They don’t want someone to be able to take a phone they bought from them and go use it on another network. They also don’t want a new customer using a phone from another network when they sign up, they want you to sign that 2 year contract…
Cell phone manufactures as well sign deals with carriers, to sell that phone exclusively for whatever ammount of time on that network, again, they lose the “edge” they have when someone starts selling or unlocking their phones.
I’m not a lawyer, so I’m sure theres some BS reason this is getting put into play, im sure some carrier bitched that a “proprietary” phone can be unlocked and used wherever…I’m sure theres some dumb FCC shit to in regards to phones from overseas being unlocked and brought over…
are you fucking kidding me! wow this is such bullshit! wtf?!
is jailbreaking illegal now? thats not unlocking the phone for other carriers,
No, while for awhile carriers were “suing” people for having unlocked p hones, they deemed it legal to do so as it is your property, though it still does void warranties and they can legally choose to not give you support in any way…
I feel that this is a different matter from the “personal property” deal as i think some of it has to do with overseas phones, FCC regulations as well as boundries with carriers and specific model rights.
I consider myself a tech guy, and all my phones are dead ass stock. I had 2 data phones, ever. I look at some porn on the shitter, maybe use the GPS once a month, make calls, and send texts. Thats it. I get the plan I want and I pick a phone for $100 at the time and I use it. this stuff is NBD to me at all, I dont live on my phone and I dont have it on a leash at myside 24/7. Its just a damn phone.
BUT i understand the this is yet again another restriction being put on personal property. For that I share your pain.
Yeah, billion dollar cell phone companies had NOTHING to do with this regulation.
That’s free market for ya, doing whatever it takes to make money including buying politicians.
I don’t unlock shit anymore either. My iPhone does everything it needs to without being omg wtfhaxor is so cool brah.
Only reason I root my android phones now a days is for wifi hotspots… I have unlimited data, and i sure as fuck am not paying 50 bucks a month for a couple gigs of tether
i have never had an unlocked or jailbroke phone, but i thing this is complete bs.
I don’t see how you can tell someone what they do with their personal property is illegal or legal.
it’s like making it illegal to mod your car
When put this way it does seem ridiculous. I can understand the business side of it. Just charge a shit ton for unlocked phones and get your money and keep people’s ability to do whatever they want with it.
In a way it is illegal to mod a car (street used) for the most part if laws are followed to the “T” but I completely agree, personal shit needs to be left the fuck alone.
the gov’t can tell you what to do with your own personal property for a lot of things. this isn’t something new.
Dont move to CA if you dont agree with not modding your car… It is illegal in ny lol, cops just dont give a fuck for the most part
What’s next?
After you a buy a house they are going to start telling you what you can and cannot do to it on your own property???
Oh wait.
And that’s not just the gov’t. It’s also HOAs who are way worse.
I understand why the carrier wants it to be illegal and frankly it’s because there are a lot of people scamming them to get the phones at the subsidized price and then “close” the account causing them to lose millions.
Look at the phone unlocking law like a lease. The phone really isn’t yours until the end of the contact just like a lease really isnt yours. You are in fact renting within a contract. Just like an apartment or house rental, you aren’t allowed to do certain things either to that property (which you paid for).