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White House: You Should Be Free to ‘Unlock’ Your Cellphone
The tech community spoke out strongly against the Library of Congress when it decided last year to stop allowing cellphones to be unlocked. More than 100,000 signatures (114,322 to be exact) on a petition to the White House later, the administration has responded, siding with those who support unlocking of cellphones.
Why should you care? Sina Khanifar, an entrepreneur who helped start OpenSignal, a database of wireless network information, and launched the initial petition to “make unlocking cellphones legal,” told TheBlaze in an email the general public should pay attention and care about the legislation that could follow the White House’s response.
“Unlocking phones means great competition between wireless carriers, a more open market and more freedom for consumers to choose the best carrier in their area,” Khanifar wrote.
Phones sold by specific providers include an SIM lock that prevents the phone from being used in other countries or with different providers.Β Prior to the Library of Congress’ ruling in the fall of 2012 going into effect this year, phones were exempt from the Digital Millennium Copyright ActΒ (DMCA), which meant they could be unlocked.

(Image: Shutterstock.com)
“The real cause of the problem is the “Anti-Circumvention” provision of the DMCA in Section 1201 of that law. It prevents unlocking, jailbreaking, screen reading technology from the blind and whole classes of other technologies,” Khanifar wrote. “Over the coming days we’ll be pushing to ask Congress to either repeal or heavily amend that part of the law to fix this problem permanently.”
Khanifar explained further in a blog post last month why consumers might care about having the option to unlock their phones:
For consumers, the consequences of this are fewer choices and increased restrictions to freedoms we currently take for granted. If youβre traveling abroad and want to use your current cell phone, youβll need to pay exorbitant roaming charges. As an example, AT&T charges customers $1.50 per minute for calls and $19.50 per megabyte consumed while traveling in Europe. Compare that with the $0.30 per minute and $0.20 per megabyte that youβd be charged in the UK with a prepaid SIM card and an unlocked phone, and it amounts to extortion.
Locking cell phones also prevents consumers from freely choosing their cell carrier. If you decide to change your network, say from AT&T to T-Mobile, the DMCA regulations mean that unless your carrier agrees to unlock your phone, youβll need to buy a new device. As a result, manufacturers like Motorola and Apple are keen to keep devices locked so that they can sell more phones. The CTIA, the trade association that represents the wireless industry,Β claimsΒ that the illegality of phone unlocking prevents βlarge scale phone trafficking operationsβ that involve unlocking carrier-subsidized phones and selling them abroad. But consumers who buy subsidized phones commit to two-year contracts with hefty early-termination fees (up to $350 for most carriers). The carrierβs subsidies are already contractually protected.
One member of Congress, Rep. Jason Chaffetz (R-UT), has already publicly announced his support for legislation that would legalize unlocking.
Working on leg to unlock your mobile phones.It is a freedom issue.You own the phone, you should be able to unlock it. .@derekkhanna
β Jason Chaffetz (@jasoninthehouse) March 5, 2013
David Edelman wroteΒ the White House’s response to the petition made on the “We the People” platform, saying the White House not only agrees that cellphones should be able to be unlocked without any penalties but that it thinks tablets should be included as well.
“[...] 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,”Β Edelman wrote.
He continued that prior to the Library of Congress’ decision, theΒ Department of Commerce’s National Telecommunications and Information Administration advised them to maintain theΒ DMCA exemption for cellphone unlocking. The Library of Congress decided to rule otherwise.
Edelman noted the Federal Communication Commission’s investigation into the unlocking rule and said the White House would also “encourage mobile providers to consider what steps they as businesses can take to ensure that their customers can fully reap the benefits and features they expect when purchasing their devices.”
In response to the White House’s response, the Library of Congress wrote about the purpose of the ruling, implying it was not to limit consumer choice.
“The rulemaking is a process spelled out by the Digital Millennium Copyright Act in which members of the public can request exemptions from the law to enable circumvention of technological protection measures. In the case of cell phones, the request was to allow circumvention of technological protection measures controlling access to copyrighted software on cell phones,” the Library of Congress’ statement read.
Overall, Khanifar wrote to TheBlaze that given the White House’s strong support in favor of unlocking, he would be “surprised of Congress didn’t act” on the issue.
In a separate statement, Khanifar also noted the victory this was for the petition system itself.
“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,’” he wrote in an email. “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.”
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Related:
- What’s That Copyright Message You’re Seeing Posted by Your Facebook Friends
- If You See This Copyright Alert — And Ignore It — Your Internet Might Be Slowed Down as Punishment
- Oops: Official DNC Livestream Blocked on YouTube for Copyright Infringement
Featured image via Shutterstock.com.Β
In CONTROL, Glenn Beck presents a passionate, fact-based case for guns that reveals why gun control isnβt really about controlling guns at all; itβs about controlling us. Find out more HERE.












































































































Sumrknght
Posted on March 6, 2013 at 1:59pmI’d be a whole heck of a lot happier if they figured out that we should be FREE to own what guns we want. If they want to throw us a bone – give us a way for our cell phone signals to be free from drone monitoring.
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SweetDoug
Posted on March 6, 2013 at 11:56am‘
‘
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If the rich and powerful ogliopolists figured out that do-do was valuable, they’d stitch your woo-hoo shut if they could.
β’ββ’
V-V
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Your Name Here
Posted on March 6, 2013 at 9:53amDo any of you out there realize how service providers make phones so inexpensive for users?
They lock the phone so you can’t just sign up, get the expensive phone you want, and then change carriers to go to another provider.
You are allowed to unlock your phone after your contract expires because by then your phone has basically been paid for.
If you want to have unlocked phones then the price will no longer be discounted and you will have to pay full price.
No more $199.00 phones, they will be $499.00 and up.
Be careful what you wish for, the consequences will not be what you want.
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JRook
Posted on March 6, 2013 at 11:15amWhile your general framework is correct your cost references are off. First of all it is clear that the carriers do not pay $499 for the phone so they are making money on the phone and currently since they don’t differentiate between network charges and financing of the phone there is no way to be sure. The point is the market for the phone and market for the carrier should be different. Control of both by the carriers in the US have resulted in higher prices for both. Let Samsung, HTC, Motorola, Sony etc. sell their phones for what the market will bear. If the carriers want to discount the phone as part of a promotion then they are still free to do that. Something tells me in a unbundled competitive market the price of the phones will move quickly down from $499.
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media-bias-steals-elections
Posted on March 6, 2013 at 7:42amNo you don’t own the phone, you buy a license to use the phone, or purchase another device without the restrictions, and let the market settle that? If you owned the phone, why do you have to buy it assembled from a factory, why don’t you build it yourself?
I would love to be able to buy a computer from Apple for over a decade now, but I will not lower myself to the level where I have to jump up and down screaming like a little kid who did not get his toy in the store and embarrass my parents?
The fact that the White House says “you own the phone” demonstrates they are totally out of touch with the next generation of technology and how the economy works, and instead want to use technology to advance broken systems of the past that allowed politicians to revel in power and give them the ability to watch others cower in fear at the sound of their name?
Apparently, the Chinese do this stuff so they keep their workers employed? If Chinese workers become unemployed, that might open up the market for jobs in the United States, and that might allow Republicans to win elections because they can’t get blamed for something they did not do?
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JRook
Posted on March 6, 2013 at 11:23amYour ignorance is staggering. A free competitive market is at the heart of real capitalism. Not the pay to play, big corporation, lobbyist driven nonsense we have in many markets and industries. When the White House or the government promotes full information and freedom in the market, capitalism works the way it should. When large corporations and their wealthy investors are able to lobby to exclude them from market forces which would set a lower price for the phones and the network service we suffer from the worst of capitalism. It is not what the market will bear, it is supposed to be what the market determines is the equilibrium price. Markets only work well when the purchaser or consumer drive the market. What most people don’t understand is that the majority of the perverse government regulations that inhibit market forces and hurt competition are lobbied for by the large corporations and entrenched competitors. If you don’t believe that then take the time to research how the large pharmaceutical companies lobby the FDA for more stringent drug testing and clinical trials. Hint it is not about safety it is about keeping small start companies out of the market.
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