The White House is in favor of letting you legally unlock your cellphone or other mobile device without your carriers' approval, and is considering a range of actions to achieve that end including a potential push for Congressional action, the administration announced Monday.
"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," wrote David Edelman, White House Senior Advisor for Internet, Innovation and Privacy, in a response to an online petition calling for the legalization of unlocking.
"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," added Edelman in a line showing the White House doesn't support unlocking to hop carriers before a contract expires.
Unlocking is the practice of freeing a mobile device sold by one wireless provider to work on another provider's network. It became illegal without prior carrier approval in January when the Librarian of Congress, who oversees the U.S. Copyright Office, chose not to include it in a list of Digital Millennium Copyright Act (DMCA) exemptions which is updated by the Librarian once every three years.
The DMCA was written in 1998 to clamp down on Internet piracy and in part authorizes the librarian to approve exemptions on an ad-hoc basis. Critics, however, argue the DMCA is overly broad and can stifle innovations unforeseen by its authors, reduce consumer choice and interfere with property rights. Accordingly, the Librarian's recent unlocking decision sparked immediate uproar among technology advocates.
Edelman's petition response identified three possible solutions to the unlocking issue: "Narrow" laws to permanently exempt unlocking from the DMCA and to prohibit "technological locks" that prevent consumers from unlocking phones, action from the Federal Communications Commission, and voluntary changes on the part of wireless carriers to "ensure that their customers can fully reap the benefits and features they expect when purchasing their devices."
The administration does not have the authority to change the DMCA single-handedly ? any change to the law would most likely have to originate in Congress.
Sina Khanifar, who wrote the petition, welcomed the White House's response but said there's yet more to do.
"This is a big victory for consumers, and I'm glad to have played a part in it," said Khanifar. "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.' The optimist in me is really glad to have proved them wrong. The White House just showed that they really do listen, and that they're willing to take action."
Khanifar added that he discussed with the White House "the potential of pushing" to amend or remove section 1201 of the DMCA, which makes it illegal to circumvent content creators' copyright protection mechanisms.
" ... They want to continue that conversation," he said. "I'll have exciting news on the campaign to make this happen tomorrow."
FCC Chairman Julius Genachowski, who previously said the Commission would investigate cellphone unlocking, doubled down on his commitment to do so while putting the spotlight on Congress in a statement released immediately following the White House's response.
"From a communications policy perspective, this raises serious competition and innovation concerns, and for wireless consumers, it doesn't pass the common sense test," said Genachowski. "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. I also encourage Congress to take a close look and consider a legislative solution."
The U.S. Copyright Office released a statement Monday deflecting criticism over its recent unlocking decision by mildly suggesting the clamor over unlocking means Congress should take a critical look at the DMCA.
"As designed by Congress, the rulemaking serves a very important function, but it was not intended to be a substitute for deliberations of broader public policy," reads the Copyright Office's statement. "However, as the U.S. Copyright Office has recognized many times, the 1201 rulemaking can often serve as a barometer for broader policy concerns and broader policy action. The most recent rulemaking has served this purpose."
Should unlocking cellphones be legal? Share your thoughts in the comments.
Photo via iStockphoto, JimmyAnderson
Source: http://mashable.com/2013/03/04/white-house-unlocking/
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