Cell phone unlocking to be legal again

Cell phone unlocking to be legal again

The bill (S. 517) cleared the Senate by unanimous consent earlier this month, and now heads to the President's desk to be signed.

In a rare instance of bipartisan cooperation, the House of Representatives approved legislation last week that allows smartphone owners to unlock their devices to switch wireless carriers after their service contracts expire.

The bill (S. 517), authored by Sen. Patrick Leahy (D-Vermont), cleared the Senate by unanimous consent earlier this month, and now heads to the President’s desk to be signed. President Obama supports the legislation and has indicated that he will sign it.

“I applaud Members of Congress for passing the Unlocking Consumer Choice and Wireless Competition Act,” said President Obama in a statement. “The bill Congress passed today is another step toward giving ordinary Americans more flexibility and choice, so that they can find a cell phone carrier that meets their needs and their budget.”

The legislation reverses a 2012 ruling by the Library of Congress that made cellphone unlocking a violation of federal copyright laws, specifically the controversial Section 1201 of the Digital Millenium Copyright Act. That section prohibits consumers from circumventing technological measures that control access to a copyrighted work. The new law effectively restores an exemption to that section for consumer cell phone unlocking.

This legislative victory for consumers owes much to a more than a year-old White House petition filed in the wake of the 2012 Library of Congress ruling, calling for its reversal. Sina Khanifar, a 27-year-old San Francisco resident, wrote the petition.

“As of January 26, consumers will no longer be able unlock their phones for use on a different network without carrier permission, even after their contract has expired,” Khanifar wrote in the petition. “It reduces consumer choice, and decreases the resale value of devices that consumers have paid for in full.”

The petition drew over 100,000 signatures, and eventually, a supportive White House response.

“It’s been a long road against powerful, entrenched interests,” Khanifar told Slate. “Hopefully this is beginning to highlight how ridiculous the 1201 process really is.”

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