U.S. Government to Explicitly Allow iPhone Jailbreaking [Updated x2]

114823 app store icon

The Associated Press briefly reports that the U.S. government has defined new rules that will permit users to "jailbreak" their iPhone and skirt Apple's App Store ecosystem to add unapproved third-party applications.

Owners of the iPhone will be able to break electronic locks on their devices in order to download applications that have not been approved by Apple. The government is making that legal under new rules announced Monday.

The decision to allow the practice commonly known as "jailbreaking" is one of a handful of new exemptions from a federal law that prohibits the circumvention of technical measures that control access to copyrighted works.

While it is not uncommon for users to jailbreak their devices, the practice is officially unsanctioned by Apple. The company maintains a support document outlining some of the issues users of jailbroken iOS devices may experience while also disclosing that Apple reserves the right to deny service for any such device due to the "unauthorized modification" being a violation of the license agreement. Under the new federal policies, it would appear that Apple is no longer permitted to deny service for such reasons under the Digital Millennium Copyright Act, although the company could likely still argue that the device's Terms of Use allow it to deny service.

Update: The Electronic Frontier Foundation (EFF) has posted a press release announcing the government's policy changes that came at the request of the EFF and has posted the full document (PDF) issued by the Copyright Office of the U.S. Library of Congress.

On balance, the Register concludes that when one jailbreaks a smartphone in order to make the operating system on that phone interoperable with an independently created application that has not been approved by the maker of the smartphone or the maker of its operating system, the modifications that are made purely for the purpose of such interoperability are fair uses. Case law and Congressional enactments reflect a judgment that interoperability is favored. The Register also finds that designating a class of works that would permit jailbreaking for purposes of interoperability will not adversely affect the market for or value of the copyrighted works to the copyright owner.

Update 2: Some observers have pointed out the the Library of Congress ruling today also addresses the issue of mobile phone unlocking, which involves moving a device to another wireless carrier for which support is not generally offered. Today's ruling only states, however, that copyright concerns can not be used to prohibit unlocking of mobile phones under the Digital Millennium Copyright Act. Carriers are still free to prevent unlocking in many circumstances and can pursue cases against individuals by citing breach of contract under the carriers' Terms of Service.

Top Stories

iphone 12 colors 2021

iPhone 12 Colors: Deciding on The Right Color

Thursday November 5, 2020 8:35 am PST by
The iPhone 12 and iPhone 12 Pro arrived last October in a range of color options, with entirely new hues available on both devices, as well as some popular classics. The 12 and 12 Pro have different color choices, so if you have your heart set on a particular shade, you might not be able to get your preferred model in that color. iPhone 12 mini and iPhone 12 The iPhone 12 mini and iPhone 12...
original iphone

Phil Schiller Says iPhone Was 'Earth-Shattering' Ten Years Ago and Remains 'Unmatched' Today

Monday January 9, 2017 7:15 am PST by
To commemorate the tenth anniversary of the iPhone, Apple marketing chief Phil Schiller sat down with tech journalist Steven Levy for a wide-ranging interview about the smartphone's past, present, and future. The report first reflects upon the iPhone's lack of support for third-party apps in its first year. The argument inside Apple was split between whether the iPhone should be a closed...
iCloud General Feature

iCloud+'s New Custom Email Domain Feature Now Available in Beta

Wednesday August 25, 2021 7:48 am PDT by
Starting with iOS 15, iPadOS 15, and macOS Monterey, users with a paid iCloud+ storage plan can personalize their iCloud email address with a custom domain name, such as johnny@appleseed.com, and the feature is now available in beta. iCloud+ subscribers interested in setting up a custom email domain can visit the beta.icloud.com website, select "Account Settings" under their name, and select ...
iPhone 13 Dummy Thumbnail 2

Full iPhone 13 Feature Breakdown: Everything Rumors Say We Can Expect

Tuesday August 31, 2021 7:50 am PDT by
With the launch of Apple's iPhone 13 lineup believed to be just a few weeks away, we have compiled all of the coherent rumors from our coverage over the past year to build a full picture of the features and upgrades coming to the company's new smartphones. For clarity, only explicit improvements, upgrades, and new features compared to the iPhone 12 lineup are listed. It is worth noting that...
iPhone 13 Dummy Thumbnail 2

Kuo: iPhone 13 to Feature LEO Satellite Communications to Make Calls and Texts Without Cellular Coverage

Sunday August 29, 2021 7:39 am PDT by
The iPhone 13 will feature low earth orbit (LEO) satellite communication connectivity to allow users to make calls and send messages in areas without 4G or 5G coverage, according to the reliable analyst Ming-Chi Kuo. In a note to investors, seen by MacRumors, Kuo explained that the iPhone 13 lineup will feature hardware that is able to connect to LEO satellites. If enabled with the relevant...
macbook air deals

Deals: Amazon Drops Price of 256GB M1 MacBook Air to New Low of $849.99 ($149 Off)

Friday August 27, 2021 6:16 am PDT by
Amazon today introduced new low prices on the M1 MacBook Air for both 256GB and 512GB storage options. To start, you can get the 256GB model for $849.99, down from an original price of $999.00. Note: MacRumors is an affiliate partner with Amazon. When you click a link and make a purchase, we may receive a small payment, which helps us keep the site running. Only Silver and Gold are...
maxresdefault

New MacBook Pro Models Coming at WWDC, Suggests Leaker

Monday May 24, 2021 1:27 pm PDT by
New MacBook Pro models are coming at WWDC, according to leaker Jon Prosser who has a mixed track record when it comes to predicting Apple's plans. Subscribe to the MacRumors YouTube channel for more videos. Prosser provided no additional information, but there are new 14 and 16-inch MacBook Pro models in the works. The new MacBook Pros will feature the most radical redesign to the MacBook Pro ...
calculatorapp

iOS 11 Bug: Typing 1+2+3 Quickly in the Calculator App Won't Get You 6

Tuesday October 24, 2017 2:03 pm PDT by
A bug in the built-in Calculator app in iOS 11 is getting some major attention this week, despite the fact that it's been around since iOS 11 was in beta testing. At issue is a calculator animation that causes some symbols to be ignored when calculations are entered in rapid succession. You can try it for yourself: Type 1+2+3 and then the equals sign into the Calculator app quickly. Due to...
maxresdefault

'Being James Bond' Retrospective Will Be Free to Watch Through Apple TV App

Tuesday August 31, 2021 8:25 am PDT by
Update 9/7/21: "Being James Bond" is now available to watch through the Apple TV app. Ahead of the theatrical release of James Bond film "No Time To Die" on October 8 in the United States, a 45-minute retrospective titled "Being James Bond" will be available to watch for free through the Apple TV app, according to Deadline. The story from MGM is said to feature Daniel Craig reflecting ...
ted lasso notchless phone

No, That Notchless iPhone Spotted in 'Ted Lasso' Isn't the iPhone 13

Tuesday August 31, 2021 2:15 am PDT by
Recent sightings of a notchless iPhone in highly popular Apple TV+ comedy "Ted Lasso" have led to sensational headlines suggesting this is a canny bit of product placement on Apple's part and that the iPhone 13 will be notchless. In actuality – and this could go without saying – the phone in question is very likely just showing a poorly superimposed display added in post-production. Notchless ...