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  • Unlocking Your Cellphone Is Now Legal – Again

    Today, President Obama will sign a bill into law that The White House calls “a win for American consumers, a win for wireless competition, and an example of democracy at its best.” It’s the Unlocking Consumer Choice and Wireless Competition Act, and it will allow consumers to unlock their cellphones to work on other carriers.

    “The most important part of this joint effort is that it will have a real impact. As long as their phone is compatible and they have complied with their contracts, consumers will now be able to enjoy the freedom of taking their mobile service — and a phone they already own — to the carrier that best fits their needs. At a time when partisan gridlock all too often threatens progress on everyday issues that matter to consumers, working together we listened to your voices, and the American people benefited as a result,” says the White House.

    In other words – this kind of legislative smooth sailing is rare. Cherish it, folks.

    Here’s a little background on the whole cellphone unlocking saga:

    In January of last year, unlocking new cellphones became illegal via a decision from the Library of Congress. In short, they reversed their decision to exempt cellphone unlocking from the Digital Millennium Copyright Act (by opting not to renew the exemption). It’s still legal to unlock phones purchased before January 26th, 2013, but doing so on any device purchased after that cutoff mean you could run afoul of the DMCA.

    Quickly after, a petition on the White House’s We The People site garnered 114,000 signatures. It demanded a simple task of the administration: Make Unlocking Cellphones Legal.

    The White House responded – emphatically.

    “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,” said Senior Advisor for Internet, Innovation, & Privacy David Edelman. “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.”

    All that was left to make it happen was for Congress to act. Senator Patrick Leahy authored the Unlocking Consumer Choice and Wireless Competition Act, and it got a companion bill in the House. The House measure was passed in February and the Senate Judiciary Committee approved Leahy’s bill earlier this month. Last week, the full Senate unanimously passed the bill, sending it over to the House. They also passed it unanimously.

    It went to Obama’s desk, and he’s signing it today. Congratulations, it’s no longer a crime to do what you want with something you own.

    Unfortunately, the new law only restores the exemption to the DMCA that allows consumers to unlock their cellphones and change wireless providers when their contracts expire. It doesn’t address the bigger problem – the DMCA itself. The exemption will be up for renewal again in a few years.

    Image via White House, Flickr

  • Cellphone Unlocking Bill Passes House, Heads to Obama’s Desk

    The House has unanimously passed legislation, unanimously passed last week in the Senate, that will once again make it legal for consumers to unlock their cellphones.

    “With today’s House passage of the bipartisan Unlocking Consumer Choice and Wireless Competition Act, this important legislation is headed to the President for his signature. This law will protect consumer choice by allowing flexibility when it comes to choosing a wireless carrier.This is something that Americans have been asking for and I am pleased that we were able to work together to ensure the swift passage of legislation restoring the exemption that allowed consumers to unlock their cell phones,” House Judiciary Committee Chairman Bob Goodlatte (R-VA) said in a statement.

    Some background on why we’re having to pass new laws allowing cellphone unlocking:

    In January of last year, unlocking new cellphones became illegal via a decision from the Library of Congress. In short, they reversed their decision to exempt cellphone unlocking from the Digital Millennium Copyright Act (by opting not to renew the exemption). It’s still legal to unlock phones purchased before January 26th, 2013, but doing so on any device purchased after that cutoff mean you could run afoul of the DMCA.

    Quickly after, a petition on the White House’s We The People site garnered 114,000 signatures. It demanded a simple task of the administration: Make Unlocking Cellphones Legal.

    The White House responded – emphatically.

    “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,” said Senior Advisor for Internet, Innovation, & Privacy David Edelman. “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.”

    All that was left to make it happen was for Congress to act. Senator Patrick Leahy authored the Unlocking Consumer Choice and Wireless Competition Act, and it got a companion bill in the House. The House measure was passed in February and the Senate Judiciary Committee approved Leahy’s bill earlier this month. Last week, the full Senate unanimously passed the bill, sending it over to the House.

    And now it heads to President Obama’s desk. Taking its unanimous bipartisan support and the previous statements made by The White House on the matter, the bill’s signing is a virtual certainty.

    “I thank the House for moving so quickly on the bill we passed in the Senate last week and for working in a bipartisan way to support consumers. The bipartisan Unlocking Consumer Choice and Wireless Competition Act puts consumers first, promotes competition in the wireless phone marketplace, and encourages continued use of existing devices,” said Sen. Patrick Leahy. “Once the President signs this bill into law, consumers will be able to more easily use their existing cell phones on the wireless carrier of their choice.”

    Unfortunately, the new law only restores the exemption to the DMCA that allows consumers to unlock their cellphones and change wireless providers when their contracts expire. It doesn’t address the bigger problem – the DMCA itself.

  • Cellphone Unlocking Bill Passes Senate, Heads to House

    Late Tuesday, the Senate passed the Unlocking Consumer Choice and Wireless Competition Act with a unanimous vote. The bill, introduced by Democratic Vermont Senator Patrick Leahy, reverses a Library of Congress decision regarding DMCA exemptions and would once again make unlocking your cellphone legal.

    “I applaud the Senate for so quickly passing the bipartisan Unlocking Consumer Choice and Wireless Competition Act, which puts consumers first and promotes competition in the wireless phone marketplace,” Leahy said. “With the Senate’s swift action last night, just days after the Judiciary Committee approved the measure, I hope the House will soon take up and pass our bill so that consumers will be able to use their existing cell phones on the wireless carrier of their choice.”

    The bill also asks the Library of Congress to take a look at tablets and other wireless devices to determine if they should also get an exemption from the DMCA.

    A little background on the whole cellphone unlocking issue:

    In January of last year, unlocking new cellphones became illegal via a decision from the Library of Congress. In short, they reversed their decision to exempt cellphone unlocking from the Digital Millennium Copyright Act (by opting not to renew the exemption). It’s still legal to unlock phones purchased before January 26th, 2013, but doing so on any device purchased after that cutoff mean you could run afoul of the DMCA.

    Quickly after, a petition on the White House’s We The People site garnered 114,000 signatures. It demanded a simple task of the administration: Make Unlocking Cellphones Legal.

    The White House responded – emphatically.

    “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,” said Senior Advisor for Internet, Innovation, & Privacy David Edelman. “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.”

    All that was left to make it happen was for Congress to act. Senator Patrick Leahy authored the Unlocking Consumer Choice and Wireless Competition Act, and it got a companion bill in the House. The House measure was passed in February and the Senate Judiciary Committee approved Leahy’s bill last week.

    With the unanimous decision from the Senate, the bill will travel to the House with a lot of momentum.

    Image via Thinkstock

  • Cellphone Unlocking Bill Passes Senate Committee

    A Senate bill to reverse a Library of Congress decision and make unlocking your cellphone legal again has passed the Judiciary Committee.

    In January of last year, unlocking new cellphones became illegal via a decision from the Library of Congress. In short, they reversed their decision to exempt cellphone unlocking from the Digital Millennium Copyright Act (by opting not to renew the exemption). It’s still legal to unlock phones purchased before January 26th, 2013, but doing so on any device purchased after that cutoff mean you could run afoul of the DMCA.

    Quickly after, a petition on the White House’s We The People site garnered 114,000 signatures. It demanded a simple task of the administration: Make Unlocking Cellphones Legal.

    The White House responded – emphatically.

    “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,” said Senior Advisor for Internet, Innovation, & Privacy David Edelman. “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.”

    All that was left to make it happen was for Congress to act. Senator Patrick Leahy authored the Unlocking Consumer Choice and Wireless Competition Act, and it got a companion bill in the House. The House measure was passed in February and now the Senate Judiciary Committee has approved Leahy’s bill.

    “Consumers should be able to use their existing cell phones when they move their service to a new wireless provider. I have worked for months with Ranking Member Grassley, Chairman Goodlatte and House members, consumer advocates and wireless providers to ensure we enact common sense legislation that puts consumers first by allowing them to ‘unlock’ their cell phones,” Leahy said. “With today’s strong bipartisan vote in the Judiciary Committee, I hope the full Senate can soon take up this important legislation that supports consumer rights.”

    The act also urges the Library of Congress to take another look at tablets and other wireless devices to determine if they should also get an exemption from the DMCA. It also “ensures that consumers who lack the technological savvy to unlock their phones themselves can authorize others to do the unlocking for them.”

    The bill technically only restores the exemption to the DMCA that allows consumers to unlock their cellphones and change wireless providers when their contracts expire. It’s not a permanent solution to a bigger problem – the DMCA itself.

  • House Judiciary Committee Votes In Favor Of Cellphone Unlocking

    Should you be able to unlock your cellphone? Over 100,000 Americans and the White House certainly think so. Some members of Congress think so as well, and the House-backed legislation that would legalize cellphone unlocking is one step closer to a final floor vote.

    The Hill reports that Rep. Bob Goodlatte’s Unlocking Consumer Choice and Wireless Competition Act was approved by the House Judiciary Committee on Wednesday. The bill would reverse the decision of the Librarian of Congress late last year that made it illegal to unlock a cellphone. If passed, consumers would be able to move freely between carriers without having to buy a new phone.

    The bill as it stands would only legalize cellphone unlocking while leaving other mobile devices chained to the outdated DMCA. Thankfully, the bill would also require the Librarian of Congress to work with the Register of Copyrights and the Department of Commerce to determine if other mobile devices should be exempt from the DMCA as well.

    Now, here’s where things get interesting. During the Committee meeting, Reps. Jason Chaffetz and Zoe Lofgren proposed an amendment that would let a person unlock a phone belonging to somebody else. The idea is that family members who know more about phone unlocking could help their technologically illiterate move their phone to another provider. The amendment ruffled some feathers as other representatives argued the amendment would allow smartphone thieves to unlock their purloined mobile devices.

    In particular, Rep. Mel Watt said that the amendment would lead to more smartphone thefts:

    “If I were in the theft market of cellphones, I would go and steal a locked cellphone. I wouldn’t want to go to a carrier [to unlock it]…I would want to go to some fly by night person off somewhere. I think we’re able to facilitate a theft market that we have not anticipated, and that’s the kind of thing I think we need to be studying the implications of before we take this step.”

    The amendment’s supporters eventually won out in the end as the amendment was added to the bill that was passed by the committee. Now we just have to see if the House at large will appreciate the amendment.

    Despite all the good that Goodlatte’s bill does, it still doesn’t fix the broken DMCA that made cellphone unlocking an issue in the first place. Much like the Senate bill, the House bill only serves to put a band-aid on a bullet wound.

    But hey, that’s how Congress works. They tackle the easy problem and claim to have fixed it while completely ignoring the larger issue at hand.

  • FCC Chairman Nominee Supports Cell Phone Unlocking

    FCC Chairman Nominee Supports Cell Phone Unlocking

    Tom Wheeler, the man President Obama has nominated to be the next FCC chairman, has something in common with a lot of Americans. He believes that they have the right to unlock their cell phones after a two-year contract is fulfilled.

    During a nomination hearing with the Senate Commerce Committee earlier this week, Wheeler said he fully supports the ability of Americans to unlock their smartphones:

    “I am a strong supporter of intellectual property rights. At the same point in time, I believe that when I as a consumer or you as a consumer, or anyone have fulfilled our commitment and we’ve paid off our contract, that we ought to have the right to use that device and move it across carriers as we see fit. I look forward to working on this issue and resolving this issue to give consumers flexibility.”

    In the above statement, Wheeler is referring to how the legality of cell phone unlocking is decided by the Librarian of Congress as per the rules set by the DMCA. The law states that the Librarian of Congress shall name exemptions to the anti-circumvention clause. The original intent was to keep consumers from cracking DRM in the name of piracy, but it has been used to prevent consumers from doing as they wish with purchased hardware.

    Many proponents of cell phone unlocking have called for an amended DMCA, but some industry players obviously wouldn’t want that. As for Wheeler, he seems to be keeping all options on the table. Here’s what he said in a statement to Ars Technica:

    “I don’t know whether it [should be] a permanent exemption [to the DMCA], whether it is a rewrite of the Copyright Act, or what the appropriate solution is, but I do believe there needs to be a solution and consumers should have the right to unlock their phones after they’ve lived up to their side of the agreement.”

    Wheeler may not be sure on how to progress yet, but a few lawmakers in Congress have tossed up a few ideas. The first proposal, which is from Sen. Patrick Leahy, calls for cell phone unlocking to be added to the Librarian of Congress’ exemption list. It doesn’t actually fix any problems though. The fact that it doesn’t fix anything may be why the wireless industry is 100 percent behind it. They can be seen as pro-consumer in the short term, but still have the authority to enforce locked cell phones if the Librarian of Congress chooses to remove it from the exemption list in 2016.

    The second, and far more preferable, is Rep. Zoe Lofgren’s Unlocking Technology Act of 2013. The proposed law would “permanently guarantee consumers can unlock their cell phones, tablets, and other mobile communications devices in order to switch carriers.” The bill goes even further by legalizing the sharing of tools necessary to unlock mobile devices.

    Unfortunately, it seems that most of the support in Washington is in favor of Leahy’s band aid for a bullet wound solution. Wheeler will undoubtedly support it as well considering his close ties to the wireless industry.

    [Image: The Cable Center]

  • Wireless Carriers Back Worthless Cellphone Unlocking Bill

    Wireless Carriers Back Worthless Cellphone Unlocking Bill

    Should you be able to unlock your cellphone? Wireless carriers used to not think so, but now the industry’s lobbying group seems to be fine with it as long as the bill is worthless.

    The Hill reports that the wireless industry group CTIA has indicated that it will support a cellphone unlocking bill during a House Judiciary Committee hearing on the matter. Now, the group isn’t supporting broad unlocking rules, but rather the very limited, and kind of worthless H.R. 1123, or the Unlocking Consumer Choice and Wireless Competition Act.

    If you’re just joining us. H.R. 1123 is a House bill introduced by Rep. Bod Goodlatte. The bill would reverse the Librarian of Congress’ decision earlier this year to put cellphone unlocking back on the list of practices that violate the DMCA. Previously, it was exempt under the copyright law thus allowing customers to unlock their devices.

    At the time, the reasoning for putting it back on the list was because the Librarian thought that wireless carriers were doing a good enough job of letting customers unlock their phones. Leaving it up to the carriers, however, leads to some being able to unlock their devices and some can’t. Even those that can have to sometimes jump through a lot of hurdles just to move a phone to a different carrier.

    So, why do wireless carriers like Goodlatte’s legislation when they make it as hard as possible for customers to move phones? They like it because it does absolutely nothing to change the status quo. As the CTIA puts it, the bill provides “a reasonable balance that protects consumers and carriers alike.”

    Unfortunately, Goodlatte’s bill does nothing to protect consumers. It just alleviates their suffering under the DMCA for three years. It does nothing to fix the actual problem.

    In a perfect world, Congress and wireless carriers would be listening to FCC Commissioner Ajit Pai. In an op-ed for The New York Times, he argues that cellphone unlocking should be removed from the DMCA altogether.

    To restore a free market that benefits consumers, we should amend the 1998 act to allow consumers to take their mobile devices from one carrier to another without fear of criminal prosecution or civil fines. We should also make clear that those who help consumers unlock their phones and tablets won’t be prosecuted either. And we should reiterate that contracts remain valid and enforceable. These fixes should be permanent, so that consumers, developers and wireless carriers don’t have to worry about the law shifting on a whim.

    The entire op-ed is well worth reading, but the above is the central argument. Let people do whatever the hell they want with their phone after the contract is up. Cellphone unlocking should not be a crime, and it shouldn’t have even been a copyright issue in the first place. As Pai says – “No one seriously believes that unlocking a cellphone to switch carriers is equivalent to piracy.”

    Unfortunately, the carriers do, and they will fight to keep cellphone unlocking under the DMCA. Goodlatte’s bill does just that while pretending to care about consumer choice. Here’s hoping that the House heeds Pai’s words instead of the carriers’ during today’s hearing.

  • House To Hold Hearing On Worthless Cellphone Unlocking Bill Next Week

    Pretty much everybody in Washington agrees with the common man – you should be able to unlock your cellphone without fear of repercussion. Where we tend to disagree is how to go about doing this. Unfortunately, the House has decided to hold a hearing on a cellphone unlocking bill that does absolutely nothing to fix the problem.

    The Hill reports that subcommittee on Courts, Intellectual Property and the Internet will hold a hearing next Thursday to discuss Rep. Bob Goodlatte’s Unlocking Consumer Choice and Wireless Competition Act. The bill would repeal a decision by the Librarian of Congress last year that made unlocking cellphones a violation of the DMCA.

    It sounds pretty good, right? Unfortunately, Goodlatte’s bill, and its companion bill in the Senate, only puts a bandaid on a bullet wound. The bill in its current state doesn’t address the DMCA or its anti-circumvention protections that currently make unlocking your cellphone a punishable offense. Instead, the bill will make unlocking cellphones legal for only three years until the Librarian of Congress makes another decision as to the legality of cellphone unlocking.

    As I’ve previously discussed, the cellphone unlocking debate is just one tiny part of a larger debate on the DMCA. It’s an outdated bill that was meant to protect intellectual property in the digital age, but instead stands in the way of progress. Rep. Zoe Lofgren’s bill – the Unlocking Technology Act of 2013 – does a much better job of addressing this issue by permanently legalizing cellphone unlocking and other technology circumventions that don’t explicitly violate copyright.

    Unfortunately, Congress has a proven track record of pushing for bills that only delay the problem instead of addressing it head on. Depending on how next week’s hearing goes, we may get another three years of legalized unlocking before the Librarian of Congress deems it illegal yet again. Maybe then Congress will actually act on meaningful reform, but I doubt it.

  • Does Congress Even Understand The Cell Phone Unlocking Debate?

    You should have the right to unlock your cell phone. Any reasonable person would agree that it should be a basic consumer right. The problem is how one goes about making cell phone unlocking legal.

    Lawmakers have come forward with a variety of solutions to this particular problem. All of the legislation provided thus far does indeed make cell phone unlocking legal again. What if these solutions were only temporary fixes though? What if lawmakers really don’t get it? Where does that leave us?

    Do you think cell phone unlocking should be made exempt in the DMCA anti-circumvention provision? Should it permanent or temporary exemption? Let us know in the comments.

    To better understand this issue, we must start at the beginning – the DMCA. The Digital Millenium Copyright Act was signed into law in 1998, and introduced anti-circumvention provisions that made it illegal to break DRM protections on copyright works. It also barred consumers from circumventing locks on hardware. It’s this provision within the DMCA that makes it illegal for you to unlock your cell phone without your carrier’s permission.

    Now, the DMCA contains within it a number of exemptions to the anti-circumvention provision. These exemptions are decided by the Librarian of Congress every three years. In 2009, the Office made the unlocking of cell phones legal through these exemptions, but removed the exemption in 2012. The reasoning was that carriers are doing a good enough job of allowing their customers to unlock their cell phones, but some consumers obviously didn’t feel that way.

    In a petition filed on We The People Web site in January, consumers called upon the Obama Administration to make cell phone unlocking legal:

    The Librarian of Congress decided in October 2012 that unlocking of cell phones would be removed from the exceptions to the DMCA.

    As of January 26, consumers will no longer be able unlock their phones for use on a different network without carrier permission, even after their contract has expired.

    Consumers will be forced to pay exorbitant roaming fees to make calls while traveling abroad. It reduces consumer choice, and decreases the resale value of devices that consumers have paid for in full.

    The Librarian noted that carriers are offering more unlocked phones at present, but the great majority of phones sold are still locked.

    We ask that the White House ask the Librarian of Congress to rescind this decision, and failing that, champion a bill that makes unlocking permanently legal.

    The petition quickly gained the 100,000 signatures necessary to gain a response from the administration, and surprisingly enough, the White House stood with consumers in defending their right to unlock their cell phones:

    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.

    So far, so good – the White House stands with consumers on the issue, and will do what it can to give consumers the right to unlock their cell phones. So, where does the White House go from here? It rightly points out that legislation is needed, but strangely calls upon the FCC to work with National Telecommunications and Information Administration to make cell phone unlocking a reality:

    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, and to complement his efforts, NTIA will be formally engaging with the FCC as it addresses this urgent issue.

    What’s strange about this recommendation is that the FCC and NTIA have no authority over the DMCA. The FCC even acknowledged this in a statement made earlier this month. The only thing these groups can do is come up with recommendations and submit them to the Librarian of Congress. Even then, the Librarian can’t make any changes for another three years. The only way to really take care of this issue is legislative action, and that’s what some lawmakers are doing.

    Do you think the White House misses the point? Should the Obama administration put more of a focus on legislative fixes over FCC recommendations? Let us know in the comments.

    Since the issue of cell phone unlocking entered the public consciousness, several lawmakers have introduced bills in an attempt to legalize cell phone unlocking. One of the first comes to us from Minnesota Sen. Amy Klobuchar. Her bill – the Wireless Consumer Choice Act – would give the FCC the authority to make carriers allow the unlocking of cell phones:

    “…the Federal Communications Commission, not later than 180 days after the date of enactment of this Act, shall direct providers of commercial mobile services and commercial mobile data services to permit the subscribers of such services, or the agent of such subscribers, to unlock any type of wireless device used to access such services.”

    It sounds nice, but TechDirt points out that the bill still puts all the power of unlocking into the hands of carriers. The bill wouldn’t actually change anything. Consumers would still have to get permission to unlock their device. This bill would just make it so that carriers couldn’t refuse the request. The bill also doesn’t address any problems that could arise from manufacturers pursuing charges against consumers unlocking devices not sold as such.

    Sen. Ron Wyden, a lawmaker known for his pro-Internet legislation, has also submitted a law to address cell phone unlocking. His bill – the Wireless Device Independence Act – would make cell phone unlocking completely legal with no strings attached. The only problem is that the bill doesn’t make the tools necessary to unlock cell phones legal. It doesn’t even allow for people to discuss unlocking methods. In short, Wyden’s bill gives consumers an ice cream cake with no knife to cut it. Things would get messy.

    Finally, we have the Unlocking Consumer Choice and Wireless Competition Act from Sen. Patrick Leahy. He’s the head of the Senate Judiciary Committee so he obviously would understand the issues at hand better than anyone else, right? Well, he does in a way, but his bill is the best and worst of the bunch.

    For starters, Leahy’s legislation would restore the DMCA exemption for cell phone unlocking. In that way, it directly addresses the issue at hand. Unfortunately, it doesn’t make cell phone unlocking a permanent exemption. Instead, it would restore the exemption for now, but allow it to be brought up again by the Librarian of Congress in 2015. The bill would also require the Librarian of Congress to consider an exemption for tablets within the year.

    Leahy’s bill is like applying a band-aid to a gaping wound. It does nothing to actually fix the problem, but instead just hopes that it’s good enough until the wound, or in this case the exemption hearings, reopen in 2015.

    Unfortunately, Leahy’s bill probably has the best chance of making its way to the President’s desk. The House could make some changes, but Leahy’s own press release for his bill makes it sound unlikely. It seems that the House Judiciary Committee will be introducing similar legislation that lacks any kind of sensible reform to a decade old bill desperately in need of reform.

    The DMCA was meant to address the challenges of the digital age. The 15-year-old bill has not been able to keep up. Cell phone unlocking is not the first challenge to the DMCA, but it’s an important one that could set the stage for further reform to make technology and the Internet more open for all. Unless something changes, Congress is set to miss its chance on meaningful reform yet again.

    Do you think the currently proposed bills do anything to fix the problem at hand? If not, can Congress whip any of its legislation into shape? Let us know in the comments.

  • Sen. Patrick Leahy’s Cellphone Unlocking Bill Is A Temporary Fix For A Broken DMCA

    Cellphone unlocking has become a top priority in Washington since the White House threw its support behind the movement. Now it’s up to senators to pass the legislation required to permanently add an exemption to the DMCA. The latest bill from Sen. Patrick Leahy unfortunately doesn’t do that.

    On Monday, Leahy introduced the Unlocking Consumer Choice and Wireless Competition Act to restore the exemption in the DMCA that allows consumers to unlock their cellphone after a contract is up. The Hill predicts that Leahy’s bill will be the one to move forward as his committee – the Senate Judiciary Committee – has authority over copyright issues.

    “This straightforward restoring bill is about promoting consumer rights,” Leahy said. “When consumers finish the terms of their contract, they should be able to keep their phones and make their own decision about which wireless provider to use.”

    The big difference between Leahy’s bill and the previous bill introduced last week by Sen. Amy Klobuchar is that Leahy doesn’t give any authority to the FCC on the issue of cellphone unlocking. In that sense, Leahy’s bill is better as it targets the real issue behind the cellphone unlocking – DMCA hardware circumvention exemptions.

    Unfortunately, Leahy’s bill would not reform the DMCA to permanently add cellphone unlocking as an exemption. Instead, his bill would add cellphone unlocking back to the exemption list, and order the Librarian of Congress to consider adding tablets to the exemption list as well. In essence, Leahy’s bill is a temporary fix for a larger problem, and we would be stuck discussing this same issue three years from now when the Librarian of Congress decides DMCA exemptions.

    Fortunately, there’s still time to amend Leahy’s legislation to make sure cellphone unlocking is afforded a permanent exemption. Even if he isn’t calling on the FCC in his legislation, he should at least listen to its recommendation:

    “The Digital Millennium Copyright Act (DMCA), as it pertains to this issue, unnecessarily restricts consumer choice and is a case of the government going too far,” FCC commissioner Ajit Pai said. “Fortunately, there’s a simple solution: a permanent exemption from the DMCA for consumers who unlock their mobile devices.”

  • Smartphone Unlocking Bill To Be Introduced In The Senate

    In a statement released yesterday, The White House said that it sides with the 100,000 plus people who signed a petition asking that they able to unlock their smartphones. Having the support of The White House is great, but not we need some legislation to back it up.

    Sen. Klobuchar announced today that she is currently drafting a bill in the senate that would carve out an exemption in the DMCA to allow smartphone unlocking. In her statement, she echoes the White House’s sentiment that the ability to unlock smartphones is integral to consumer choice:

    “Consumers should be free to choose the phone and service that best fits their needs and their budgets. I will continue to work to advance commonsense measures to protect consumers and promote competition.”

    It sounds like Klobuchar’s bill will only exempt smartphones, but we won’t know for sure until the bill’s text is released. It would be unfortunate if the bill only covered smartphones, however, as there are other electronic devices that would greatly benefit from unlocking exemptions.

    Regardless, a targeted bill that exempts smartphones under the DMCA is a great first step for consumer choice. Hopefully the results of unlocking smartphones will speak for itself if the bill passes. Lawmakers may then be more comfortable presenting other exemptions that create a pro-consumer environment while protecting the rights of content holders and manufacturers.

    [h/t: PC Magazine]

  • White House: “It’s Time to Legalize Cell Phone Unlocking”

    White House: “It’s Time to Legalize Cell Phone Unlocking”

    Less than two weeks after a petition on the We The People site crossed the 100,000 signature threshold, the White House has issued on official response on making cellphone unlocking legal again.

    And they totally support it.

    In a statement that can only be seen as a huge win for activists in this arena, the White House just announced that “it’s time to legalize cellphone unlocking.”

    “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,” said Senior Advisor for Internet, Innovation, & Privacy David Edelman. “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.”

    In January, unlocking new cellphones became illegal via a decision from the Library of Congress. In short, they reversed their decision to exempt cellphone unlocking from the Digital Millennium Copyright Act. It’s still legal to unlock phones purchased before January 26th, but doing so on any device purchased after that cutoff mean you could run afoul of the Digital Millennium Copyright Act.

    Edelman goes on to explain that the Department of Commerce’s National Telecommunications and Information Administration (NTIA) previously made their opinion on the matter known – full support for the concept of cellphone unlocking. But that the NTIA’s recommendation was ultimately rejected by the Library of Congress.

    The Library of Congress also released a statement.

    “The rulemaking is a technical, legal proceeding and involves a lengthy public process,” they said.

    And although they recognize that “rulemaking serves a very important function, but it was not intended to be a substitute for deliberations of broader public policy,” it doesn’t look like the Library is planning on fast-tracking the will of the people here (and now the White House).

    “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,” said Edelman, also noting that the White House respects the process performed by the Librarian of establishing and eliminating exceptions – in this case having to do with the DMCA.

    Here’s what the White House says about moving forward:

    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, and to complement his efforts, NTIA will be formally engaging with the FCC as it addresses this urgent issue.

    Last week, FCC Chairman Julius Genachowski said that the FCC would be looking into the issue.

  • FCC Will ‘Look at’ the Illegal Phone Unlocking Issue

    FCC Will ‘Look at’ the Illegal Phone Unlocking Issue

    After gaining a lot of traction on the internet, the current illegality of unlocking cellphones will receive a federal investigation.

    Back in January, the Library of Congress decided that the unlocking of cellphones would no longer reside on the exemptions lists for the Digital Millennium Copyright Act – a move that basically turned unlocking cellphones into an illegal activity. As of right now, it’s still legal to unlock phones purchased before January 26th, but unlocking phones purchased past that date will run you afoul of the DMCA.

    Of course, many feel that unlocking cellphones should be legal in all respects – it’s their device once they buy it, and it’s that simple.

    Late last month, a petition on the White House’s We The People site to make unlocking legal crossed the required signature threshold, which means that the Obama administration is forced (to a certain extent) to issue an official response. While we’re still waiting for that response, today we learn that the Federal Communications Commission will look into the matter.

    “The ban raises competition concerns; it raises innovation concerns,” FCC Chairman Julius Genachowski told TechCrunch.

    “It’s something that we will look at at the FCC to see if we can and should enable consumers to use unlocked phones.”

    At this point, Genachowski isn’t sure about what power the FCC has to enact change in this matter. But they will look into it.

    In the meantime, we will wait on the White House’s response. That petition currently boasts over 112,000 signatures.

  • Petition to Make Unlocking Phones Legal Again Crosses Signature Threshold

    A petition to make unlocking cellphones legal again has crossed the signature threshold on the White House’s We The People petition site, meaning that it will receive an official response.

    Back in January, unlocking new cellphones became illegal via decision from the Library of Congress. It’s still legal to unlock phones purchased before January 26th, but doing so on any device purchased after that cutoff mean you could run afoul of the Digital Millennium Copyright Act. The basis for the reversal of U.S. federal policy was that only software owners (mostly Apple, Google, Microsoft, etc.) shoudl have the rights to unlock handsets.

    Of course, many consumers strongly disagree and feel as though it’s their right to do whatever they want with a device once they’ve made the purchase. And that’s the feeling behind the petition.

    Here’s the full petition, simply titled “Make Unlocking Cell Phones Legal”:

    The Librarian of Congress decided in October 2012 that unlocking of cell phones would be removed from the exceptions to the DMCA.

    As of January 26, consumers will no longer be able unlock their phones for use on a different network without carrier permission, even after their contract has expired.

    Consumers will be forced to pay exorbitant roaming fees to make calls while traveling abroad. It reduces consumer choice, and decreases the resale value of devices that consumers have paid for in full.

    The Librarian noted that carriers are offering more unlocked phones at present, but the great majority of phones sold are still locked.

    We ask that the White House ask the Librarian of Congress to rescind this decision, and failing that, champion a bill that makes unlocking permanently legal.

    The petition currently has 101,000+ signatures, which means that the White House is required to respond. In mid-January, the White House upped the signature threshold to 100,000 from the previous 25,000, in the hopes of weeding out “joke” petitions and make the process a little more credible.

    Before this move, there were dozens upon dozens of petitions that hit their goal but were sitting in limbo, waiting for responses.

  • AT&T to Unlock Contract-Expired iPhones

    AT&T to Unlock Contract-Expired iPhones

    AT&T has just announced that it will begin unlocking off-contract iPhones once the initial 2-year contracts customers’ sign up for expire. The new practice will allow currently-locked Apple devices to use micro-SIM cards from different carriers on networks compatible with the iPhone. The change will go into effect on Sunday, April 8.

    AT&T relayed the following statement to MacRumors:

    Beginning Sunday, April 8, we will offer qualifying customers the ability to unlock their AT&T iPhones. The only requirements are that a customer’s account must be in good standing, their device cannot be associated with a current and active term commitment on an AT&T customer account, and they need to have fulfilled their contract term, upgraded under one of our upgrade policies or paid an early termination fee.

    In February, it was reported that AT&T agreed to unlock an off-contract iPhone 3GS, after a customer sent a letter to Apple CEO Tim Cook. AT&T called this unlocking a “special one-time exception,” but now appears to have changed their stance on the matter. The complaint sent to Cook was from a customer who had moved to Canada, and still wanted to use his iPhone.

    For some time now, users have been unlocking various Apple devices minutes after they would first hit the market. It’s about time AT&T relented on something.