Thread: Should You Go to Jail for Unlocking Your Phone?

Published on Feb 21, 2013 "Who owns your phone at the end of the day?" asks Derek Khanna, a visiting fellow at Yale Law and former staff member at the Republican Study Committee. Last fall, Khanna earned notoriety - and a pink slip - for a public memo urging GOP members of Congress to rethink their stance on copyright law. More recently, in a column for The Atlantic, Khanna blasted a new ruling that criminalizes the unlocking of cellphones under the Digital Millenium Copyright Act (DMCA). Unlocking the phone simply means that a person could use a phone designed for one carrier on another carrier, assuming they had switched his plan. In addition to civil penalties, breaking this law could land you in prison for up to five years and force you to pay a fine of up to $500,000. "In 1998 a poorly written statute, the DMCA, was passed and it prohibited a wide swath of commonly used technology in the name of defending copyright," Khanna explains. "If this is allowed to stand, then the answer is you don't own your phone." A White House petition to change the law recently reached the 100,000 signature threshold, which means the Obama administration will have to give an opinion on the matter. Khanna sat down with Reason's Nick Gillespie to discuss the unlocking your cellphone, the flaws in the DMCA, and why he was fired from the Republican Study Committee after writing a paper condemning current copyright law. About 17 minutes. Shot by Amanda Winkler and Meredith Bragg. Produced by Bragg. Visit http://reason.com/reasontv/2013/02/21... for downloadable versions and subscribe to Reason TV's YouTube channel to receive automatic updates when new material goes live. Category News & Politics


Published on Feb 21, 2013

"Who owns your phone at the end of the day?" asks Derek Khanna, a visiting fellow at Yale Law and former staff member at the Republican Study Committee.

Last fall, Khanna earned notoriety - and a pink slip - for a public memo urging GOP members of Congress to rethink their stance on copyright law.

More recently, in a column for The Atlantic, Khanna blasted a new ruling that criminalizes the unlocking of cellphones under the Digital Millenium Copyright Act (DMCA). Unlocking the phone simply means that a person could use a phone designed for one carrier on another carrier, assuming they had switched his plan. In addition to civil penalties, breaking this law could land you in prison for up to five years and force you to pay a fine of up to $500,000.

"In 1998 a poorly written statute, the DMCA, was passed and it prohibited a wide swath of commonly used technology in the name of defending copyright," Khanna explains. "If this is allowed to stand, then the answer is you don't own your phone."

A White House petition to change the law recently reached the 100,000 signature threshold, which means the Obama administration will have to give an opinion on the matter.

Khanna sat down with Reason's Nick Gillespie to discuss the unlocking your cellphone, the flaws in the DMCA, and why he was fired from the Republican Study Committee after writing a paper condemning current copyright law.

About 17 minutes.

Shot by Amanda Winkler and Meredith Bragg. Produced by Bragg.

Visit http://reason.com/reasontv/2013/02/21... for downloadable versions and subscribe to Reason TV's YouTube channel to receive automatic updates when new material goes live.


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The Public Has Spoken

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Obama administration endorses legalizing the unlocking of cell phones & tablets

March 4, 2013
Apple Insider - ‎13 minutes ago‎

U.S. President Barack Obama's administration made a statement on Monday publicly supporting the ability of users to legally unlock their cell phones and other devices for use with the carrier of their choosing . . .

Obama administration endorses legalizing the unlocking of cell phones & tablets

March 4, 2013, 4:21 p.m. ET
White House Calls for Cellphone 'Unlocking'


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By DANNY YADRON
WASHINGTON—Americans should be able to take their used cellphones and tablets freely from one wireless carrier to another, the White House said Monday after an intense lobbying campaign from Internet activists.
The announcement comes after the Library of Congress, which makes certain rules regarding copyrights, recently barred the "unlocking" of cellphones. That prompted a petition on the White House's website that collected more than 114,000 digital signatures from people calling on the Obama administration to undo the regulatory shift.
"Consumers should be able to unlock their cellphones without risking criminal or other penalties," R. David Edelman, an Obama administration adviser on Internet and privacy issues, said in the official response to the petition. "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."
Wireless companies have long sold cellphones at discounted prices in exchange for long-term contracts. The catch: Consumers can't easily take what would otherwise be an expensive smartphone to a rival carrier who offers a better price.
The wireless industry's trade group, known as CTIA, stood by the ban on unlocking phones Monday.
"Customers have numerous options when purchasing mobile devices," Michael Altschul, the group's legal counsel, said in a written statement. "They may choose to purchase devices at full price with no lock, or at a substantially discounted price—typically hundreds of dollars less than the full price—by signing a contract with a carrier."
Tech-savvy users have used computer programs to unlock their phones as a workaround. But last fall, the Library of Congress decided that cellphones should no longer be exempted from a section of copyright law. Its ban on unlocking went into effect in January, prompting a backlash from some consumers.
The Library of Congress defended its rule-making process in a written statement Monday but said that "the issue of locked cellphones has implications for telecommunications policy" and that it would benefit from review.
Federal Communications Commission Chairman Julius Genachowski has also spoken out in favor of unlocking phones. On Monday, Mr. Edelman said the Obama administration would support either a new law or action by the FCC to address the issue.
　
　
http://online.wsj.com/article/SB10001424127887323494504578340623936989386.html?m od=googlenews_wsj

Senator introducing bill to legalize phone unlocking

Craig Lloyd, Mar 5th 2013

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The White House officially responded to the phone unlocking petition yesterday, and it seems politicians agree with us: phone unlocking should be legal. And right away, a Minnesota senator has drafted a bill that would make it legal for users to unlock their mobile phones, and it plans to be revealed later this week.

Democratic Senator Amy Klobuchar of Minnesota says that “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.” The announcement of the bill comes just one day after the White House responded in favor of consumers.
Initially, the Library of Congress’s Copyright Office made it illegal for users to unlock their phones without the carrier’s permission. However, that ruffled more than a few feathers amongst mobile phone users and freedom activists. The Copyright Office reviewed the rules on unlocking and jailbreaking mobile devices this year, and regulators decided that there just wasn’t a need for unlocked phone apparently.
Klobuchar’s bill will be introduced sometime later this week, and hopefully it will fly through Congress with flying colors and onto the President’s desk where Obama will most likely sign the bill, making phone unlocking perfectly legal, while giving a passive aggressive shout out to the Library of Congress.
　
　
http://www.slashgear.com/senator-introducing-bill-to-legalize-phone-unlocking-05272688/