Congress enters phone unlocking debate

"Consumers should have flexibility and choice when it comes to their wireless service and they deserve to keep and use cell phones they have already purchased."

So said Minnesota Democratic Senator Amy Klobuchar, as she introduced legislation that would legalize unlocking cell phones without carrier permission. Klobuchar had joined with Democrat Richard Blumenthal (CT) and Republican Mike Lee (UT) in drafting the Wireless Consumer Choice Act. Meanwhile, California Democrat Anna Eshoo introduced similar legislation in the House.

The move also has the support of the White House. In an official blog post, presidential adviser R. David Edelman responded to the signers of a petition, saying:

"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."

The moves come in response to a ruling from the Library of Congress Copyright Office, which oversees the Digital Millennium Copyright Act (DMCA). The office said that people don't have the right to unlock phones without carrier permission. "... there are ample alternatives to circumvention," said the copyright office. "That is, the marketplace has evolved such that there is now a wide array of unlocked phone options available to consumers."

The copyright office can either reverse its judgment or, possibly, be overruled by a new law from Congress.

Phone Unlocking Bill Unveiled as Group Takes Aim at DMCA (PC Magazine, Mar. 7, 2013) 
http://www.pcmag.com/article2/0,2817,2416354,00.asp


It's Time to Legalize Cell Phone Unlocking (We the People, Mar. 2013)
https://petitions.whitehouse.gov/response/its-time-legalize-cell-phone-unlocking 


Unlocking Your Cell Phone Will Soon Be Illegal (PC Magazine, Jan. 25, 2013)
http://www.pcmag.com/article2/0,2817,2414699,00.asp