Did you know that if you jailbroke your iPhone (or any locked smartphone) without your mobile carrier’s permission anytime between early 2013 and now, you were actually breaking a federal law? That’s right, due to an expired clause in the Digital Millenium Copyright Act, it’s actually illegal to unlock a smartphone you own. This bit of nonsense was courtesy of a Congress that was deadlocked on just about every issue big or small, so it’s no surprise that only just now they are getting around to fixing an issue that both the FCC, Whitehouse and even mobile carriers recognized was just plain wrong.
What this means for you:
The “Unlocking Consumer Choice and Wireless Competition Act” was passed by Congress on July 25 and is now awaiting the President’s signature, but the impending law seems like a token gesture in response to what is now more of a symbolic stance from a vocal minority of smartphone users. In the intervening 18 months, the mobile marketplace has seen a fierce rise in competition, including some carriers offering to pay off early termination fees to woo customers away from the competition. Most carriers now also offer plans that incorporate no-penalty upgrades to new hardware, another incentive to not bother unlocking phones or switching carriers. And to top it all off, the CDMA/GSM network divide continues to limit your unlocked phone to a single alternative (if you want nation-wide coverage).
The carriers, even though they “allow” you to unlock your phones once your contract has expired, still do not always make the process easy, nor is it always a simple technical process, especially on the Android platform. In the end, if you aren’t already a veteran jailbreaker, you are better off interrogating the salesperson at your local carrier store about upgrade options and no-contract plans rather than worrying about whether you can take your phone over to the other guys.
Image courtesy of Stuart Miles / FreeDigitalPhotos.net
You might not have realized this, but in 2012, US Copyright Office let an exception to the Digital Millenium Copyright Act (DMCA) expire that suddenly made it illegal to unlock a cellphone you owned, for the purposes of using it with a different carrier. Passed in 1998, the DMCA covers many areas of modern technology, but the exception essentially allowed consumers to unlock phones like the Apple iPhone themselves, as opposed to purchasing a (much more expensive) unlocked phone or asking/paying the carrier to unlock the phone for you after you’ve paid for the phone through a subsidized contract. Though the exception lapsed late last year, the Whitehouse and the FCC have both issued statements urging Congress to legalize unlocking.
What this means for you:
In the US, unlocking your smartphone doesn’t have quite the same value as it does in other parts of the world, primarily because the two largest carriers operate networks that use two different technologies that are not found in any one phone. For example, if you had an AT&T iPhone, you can’t unlock it and move to Verizon, because the actual hardware will only work on GSM networks (Verizon is a CDMA-based network) but you could use it on T-Mobile’s network. The carriers aren’t really interested in seeing the exception renewed, primarily because it narrow’s consumer choice and “locks” unknowning customer with technology that, while simple to crack, is technically illegal to actually do without the carrier’s permission.
The issue rarely surfaces for most consumers anyways, as the carriers offer “free” or heavily discounted phones (with a multi-year contract, of course!) to “new” customers, so most opt to get something shiny and new, versus unlocking their 2-year old phone. The issue here is really more centered around protection of consumer rights and the fact that if you own something, you should be able to do whatever you want with it as long as it isn’t impacting the well-being of others. Unfortunately, the Whitehouse and the FCC can’t do anything about the DMCA or renewing the exception because the Copyright Office is governed by Congress. And we all know how productive they’ve been lately.
Image courtesy of Stuart Miles / FreeDigitalPhotos.net