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White House Petition Lobbies to Make Cell Phone Unlocking Legal

As of January 26, it is illegal for U.S. mobile phone users to unlock newly purchased cell phones without express permission from their cell phone carriers. Cell phone unlocking used to be possible as part of an exemption from the Digital Millennium Copyright Act (DCMA), but the exception ended following a ruling by the Library of Congress's Copyright Office in October of 2012.

Sina Khanifar, co-founder of OpenSignal, is protesting the new law with a petition calling for the decision to be rescinded. In 2004, Khanifar started, a business centered around unlocking mobile phones.

The site led to a cease and desist letter from Motorola, which was successfully nullified by the founder of Stanford's Cyberlaw Clinic, Jennifer Granick, who went on to lobby for the now-defunct DMCA exemption for unlocking phones.

As Khanifar mentions in his petition, the loss of the exemption hinders mobile phone users who wish to unlock their phones for use abroad and it also devalues the devices.
Consumers will be forced to pay exorbitant roaming fees to make calls while traveling abroad. It reduces consumer choice, and decreases the resale value of devices that consumers have paid for in full.

The Libraran noted that carriers are offering more unlocked phones at present, but the great majority of phones sold are still locked.
Khanifar needs approximately 13,000 additional signatures on his petition, which ends on February 23, to receive a formal White House response. The White House has a policy of issuing a response to petitions that garner at least 100,000 signatures. The signatures do not guarantee a reversal of the policy, but they will ensure that the issue is officially addressed.

Though cell phone unlocking is now illegal on an individual basis for phones purchased after January 26, 2013, users are still able to have phones unlocked through carriers. Unlocked cell phones can also be purchased from carriers at unsubsidized prices.

Top Rated Comments

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82 months ago
Govt cares about the Corporation. they do not care about people!. what is new?
Rating: 24 Votes
82 months ago
If you've paid it off, it's yours. How is it that a telecom company can tell you what network you can use YOUR device with?
Rating: 20 Votes
82 months ago

Aw. So cute... does anyone believe these "petitions" are going anywhere aside from in the trash?

Well, the point is that if it gets to 100,000 signatures, the government under its own rules will have to respond. Now, whether they'll actually say anything in their response is another matter.

But they did come out firmly against building a Death Star, so there's that.
Rating: 18 Votes
82 months ago
Wrong Target

What should be ILLEGAL is locking phones at all.
Rating: 17 Votes
82 months ago
I'll never understand America and its 'freedom'
Rating: 17 Votes
82 months ago
I already went around AT&T to get my phone unlocked for overseas, but signed this anyway. The fact an 83 year old Reagan appointee was the final say in this blows my mind, half the people over 65 I know barely understand how to turn a phone on or off.
Rating: 13 Votes
82 months ago

Seriously it's just a phone. Doesn't the US government have better things to worry about?

If it's just a phone, then why make unlocking it illegal?
Rating: 11 Votes
82 months ago
Aw. So cute... does anyone believe these "petitions" are going anywhere aside from in the trash?
Rating: 10 Votes
82 months ago
Let the party begin!!
Rating: 9 Votes
82 months ago
I don't even care

I'll unlock my phone and do whatever I want with it. I paid for it, it's in my pocket. If they want to look through my phone and try to slap me with some stupid fine for unlocking my phone, I'll make them wish they never violated my 4th amendment right. Big Government and corporations can suck it. "if a law is unjust, a man is not only right to disobey, he is obligated to do so". Thomas Jefferson would be all for this law to be broken. If we let them get away with this, they'll push even further and take a whole mile. I wish more Americans would draw the line in the sand and put their foot down. Maybe then we wouldn't see such a rapid grab for our liberties. Oh, well. Eventually everyone will be mad enough to care. Until then, I'll campaign for Ron Paul 2016!
Rating: 8 Votes

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