White House Supports Unlocking Phones -- But the Real Problem Runs Deeper

The White House has come out today in support of legalizing the unlocking of cell phones for use on di..., saying it makes "common sense" that "all consumers deserve that flexibility." The statement came as a response to a recent petition that received over 114,000 signatures.

Why were people concerned about cell phone unlocking? Unlocking a phone for use on a different carrier may run afoul of section 1201 of the Digital Millennium Copyright Act (DMCA), which prohibits the so-called "circumvention" of technical locks on copyrighted works. In a nod to the unworkability of such a ban, the law outlines a process for the Librarian of Congress to establish some exemptions every three years. In 2006 and 2010, the Librarian approved an exemption targeted at cell phone unlocking, but opted not to in the 2012 process. That doesn't necessarily make unlocking illegal, but it does strip it of the explicit legal protection it had before.

Today's White House statement acknowledges two important points about the controversial anti-circumvention provision: that it has gotten in the way of innovation and competition, and that its rigid rulemaking procedures are an "imperfect fit" for some issues—especially technical ones. That sentiment was echoed in the Library of Congress statement also issued today: The rulemaking process "was not intended to be a substitute for deliberations of broader public policy."

Continue reading at:  https://www.eff.org/deeplinks/2013/03/white-house-supports-unlockin...

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