Starting January 26, new cellphones sold in the U.S. can be unlocked only if the carrier says OK. Even if the contract is up.
The arbiter? The Library of Congress.
This week the Obama Administration endorsed a petition rejecting that decision. In a response entitled “It’s Time to Legalize Cell Phone Unlocking,” the White House wrote:
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. 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.
According to Venture Beat, a host of Congress Critters have climbed on board:
Senator Amy Klobuchar (D-MN) — no, I’m not swearing, she’s just a Dem from Minnie — wants to get rid of the ban on unlocking cellphones. Senate Judiciary Committee Chairman Patrick Leahy (D-VT) wants to legalize cellphone unlocking, and Reps. Darrell Issa (R-CA) and Jared Polis (D-CO) said they’d support such a bill. Rep. Jason Chaffetz (R-UT) is already working hard on a bill, saying that “it is a freedom issue.”
However, the issues raised by both the Library of Congress rulemaking and the White House response reflect deeper issues regarding ownership and intellectual property in a world increasingly ruled by computerized hardware and software. The controversy is not new (pdf) but awareness of the issues is growing beyond a handful of academics and geeks.
Known for gnawing at complex questions like a terrier with a bone. Digital evangelist, writer, teacher. Transplanted Southerner; teach newbies to ride motorcycles. @kegill (Twitter and Mastodon.social); wiredpen.com