The White House says consumers should have the right to unlock their mobile phones. The administration released a statement saying that it supports “legislative fixes” that will make it clear that it is not a crime to unlock a phone or tablet that is not “bound by a service agreement.”
The Digital Millenial Copyright Act makes it a crime to unlock a cell phone without the carrier’s permission. The act is meant to prevent software piracy, and is administered by the Copyright Office of The Library of Congress. This January, when the law was up for review, The Library of Congress decided to no longer exempt the software that prevents consumers from unlocking phones. So now, consumers who know how to circumvent these locks cannot do so legally without explicit permission from their carrier. The new rule applies to phones purchased on or after January 26, 2013.
The White House says consumers who “aren’t bound by a service agreement or other obligation … should be able to use [their device] on another network.” The Library of Congress had argued that consumers no longer need this right since there are now a number of phones on the market that are sold unlocked (i.e. the Google Nexus 4).
The decision not to renew the exemption inspired a petition on the White House website which has now received more than 114,000 signatures. (The petition appears to have been removed from the White House website now. Of the 167 active petitions, the only one with more signatures that the cell phone unlocking petition is one to legally recognize Westboro Baptist Church as a hate group.)
The Federal Communications Commission has also weighed in on this issue, saying that the Library of Congress’s decision “raises serious competition and innovation concerns, and for wireless consumers, it doesn’t pass the common sense test.” The White House says the National Telecommunications and Information Administration (NTIA) will be working with the FCC to address this issue.
Tier-two and tier-three mobile operators also support the right to unlock phones. “Having the ability to unlock a device is particularly important for rural, regional and smaller carriers that lack the scope and scale to gain access to the latest, most iconic devices directly from the equipment manufacturers,” said Steven K. Berry, president and CEO of the Competitive Carriers Association.
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