'Unlocking' your cellphone will be illegal starting Saturday


Recommended Posts

Source.

Users will not be able to alter their cellphones to access different networks starting Saturday. But advocacy groups are questioning the law.

Starting Jan. 26, buying and unlocking a phone will no longer be legal in the United States.

The term "unlocking" a phone means to remove the security feature that prevents the phone being used on a different network. Once a phone is unlocked, it can work on more than one carrier's network. Unlocking phones is useful for those traveling internationally because it allows phones to work on different networks.

The Librarian of Congress, who determines any exemptions to a strict anti-hacking law called the Digital Millennium Copyright Act (DMCA), decided in October 2012 that unlocking cellphones would no longer be allowed. A 90-day window was provided during which people could still buy phones and unlock them.

Currently Apple sells an unlocked iPhone 5 starting at $649 and Google sells Nexus 4 unlocked for $300.

Mashable reports that the Electronic Frontier Foundation (EFF) is questioning DMCA's right to determine who can unlock a phone.

EFF attorney Mitch Stoltz said in a letter to TechNewsDaily.com: "Arguably, locking phone users into one carrier is not at all what the DMCA was meant to do. It's up to the courts to decide."

But...why? Who got scared by unlocked phones enough to say, "maybe the DMCA can stop this"?

Oh well, at least it's only in the U.S. A move like that wouldn't stand a chance in Europe, but I'm imagining that is due to the number of people who cross borders on a regular basis compared to in the U.S.

For a country that says they believe in the free market as if it were a religion; every time I hear about the mobile phone companies they're restricting consumer options.

It should be illegal for them to lock our phones. Dumb **********ers.

Just what I was thinking. How does this help anyone or solve anything?

How can they make a law against the way you use your phone? It's your phone isn't it ?

At least non contract phones, maybe the law is only going up against contract phones?

  • Like 3

Just what I was thinking. How does this help anyone or solve anything?

Helps the lobbyists that foot the campaign bills for sure...

How can they make a law against the way you use your phone? It's your phone isn't it ?

At least non contract phones, maybe the law is only going up against contract phones?

Even if the law is for contract phones only, normally the cost of the phone is part of the contract, i.e. a SIM only contract is cheaper than one that comes with a phone and the difference subsidises the cost of the phone. If you are locked into a contract then at the end of this contract you own the phone so there should be no issue with unlocking it.

This is how it works in the UK but I have no idea about the US.

Even if the law is for contract phones only, normally the cost of the phone is part of the contract, i.e. a SIM only contract is cheaper than one that comes with a phone and the difference subsidises the cost of the phone. If you are locked into a contract then at the end of this contract you own the phone so there should be no issue with unlocking it.

This is how it works in the UK but I have no idea about the US.

As you can't get out of the contract without paying the termination costs (usually the remaining balance of the contract), the phone is yours to do with as you will from the moment you get it. There are NO laws in the UK that limit when you can unlock your phone, and you can even get the unlock code from your telco most of the time.

Even if the law is for contract phones only, normally the cost of the phone is part of the contract, i.e. a SIM only contract is cheaper than one that comes with a phone and the difference subsidises the cost of the phone. If you are locked into a contract then at the end of this contract you own the phone so there should be no issue with unlocking it.

This is how it works in the UK but I have no idea about the US.

Yep true, but doesn't the phone only become legally your own after a certain length of the contract?

As you can't get out of the contract without paying the termination costs (usually the remaining balance of the contract), the phone is yours to do with as you will from the moment you get it. There are NO laws in the UK that limit when you can unlock your phone, and you can even get the unlock code from your telco most of the time.

Agree, this law is just absurd and a waste of tax payers money in even bring this to concept let alone getting this far.

Always unlocked my phones from my provider (Vodafone), never paid someone else to do it.

Yep true, but doesn't the phone only become legally your own after a certain length of the contract?

Not sure. I have only unlocked my phone once I have the new one in my hand but as you would need to pay the remainder of the contract should you want to cancel early I suspect that you would be able to unlock fairly early on.

Yep true, but doesn't the phone only become legally your own after a certain length of the contract?

If you don't want to be in the contract, you pay out the contract costs.

At least that's how it works here in Australia. Legally they are owed the money even if you don't stay.

Not sure. I have only unlocked my phone once I have the new one in my hand but as you would need to pay the remainder of the contract should you want to cancel early I suspect that you would be able to unlock fairly early on.

I never get contract phones, I find PnG deals have better value even though you have to pay for the phone there and then, which actually works out cheaper than paying for 2 years on a contract most of the time

I unlocked my Lumia 710 a couple of months ago just for the heck of it and it was just a hack from XDA, haven't changed operators though but always nice to know you can help someone out if their battery dies

If you don't want to be in the contract, you pay out the contract costs.

At least that's how it works here in Australia. Legally they are owed the money even if you don't stay.

Yea same here, if you want out early you pay the rest of the contract off

I never get contract phones, I find PnG deals have better value even though you have to pay for the phone there and then, which actually works out cheaper than paying for 2 years on a contract most of the time

Of course it does, but the point of a contract is to spread the cost of a new phone over a long period of time. Not everyone can afford to drop ?500 on a new phone right there and then.

For a country that says they believe in the free market as if it were a religion; every time I hear about the mobile phone companies they're restricting consumer options.

Were you even reading the same story? The decision may have been influenced by lobbying on the part of the phone companies, but the decision was made by the government.

You also may want to review the definition of free market:

An economic system in which prices are determined by unrestricted competition between privately owned businesses.

Keyword there being unrestricted. Government regulation and intervention is restriction.

As to the story, it's ironic that the same government body determined that Jailbreaking was legal now says unlocking is not. So we can break the manufacturer's lock on the software, but not the service provider's lock on the baseband?

Of course it does, but the point of a contract is to spread the cost of a new phone over a long period of time. Not everyone can afford to drop ?500 on a new phone right there and then.

I wouldn't pay ?500 for a phone anyway, but the appeal of a new ?500 phone soon wears off when you realise you have to pay more than double that over 2 year

I know you can get free upgrades but to me I'd prefer to stay well clear of contracts if I can help it

?160 for my Lumia was fine and I won't feel robbed when I want to buy something new

I never get contract phones, I find PnG deals have better value even though you have to pay for the phone there and then, which actually works out cheaper than paying for 2 years on a contract most of the time

I get a reasonable discount for myself and partner and we also get a no quibble exchange if the phones develop a fault or gets lost, phone issue on a Monday, new phone delivered on a Tuesday. As she always drives our kids around I prefer to know that she should almost always have a working phone.

This topic is now closed to further replies.
  • Recently Browsing   0 members

    • No registered users viewing this page.
  • Posts

    • Tor Browser 15.0.17 by Razvan Serea Protect your privacy. Defend yourself against network surveillance and traffic analysis. Tor is a network of virtual tunnels that allows people and groups to improve their privacy and security on the Internet. The Tor software protects you by bouncing your communications around a distributed network of relays run by volunteers all around the world: it prevents somebody from watching your Internet connection and learning what sites you visit, it prevents the sites you visit from learning your physical location, and it lets you access sites which are blocked. The Tor Browser Bundle lets you use Tor on Windows, Mac OS X, or Linux without needing to install any software. It can run off a USB flash drive, comes with a pre-configured web browser to protect your anonymity, and is self-contained. Tor Browser 15.0.17 changelog: All Platforms Updated Tor to 0.4.9.11 Updated NoScript to 13.6.25.1984 Build System / All Platforms Bug tor-browser-build#41821: Update gpg subkeys for boklm Bug tor-browser-build#41827: Update morgan's keychain with renewed key Download: Tor Browser (64-bit) | Tor Browser (32-bit) | 109.0 MB (Open Source) View: Tor Browser Website | Other Operating Systems Get alerted to all of our Software updates on Twitter at @NeowinSoftware
    • Very fitting name since AI users have air where there brains should be.
    • Yes, it was amusing at the time because even then dbrand was well known for stealing the designs of products from other companies. That’s what they do.
  • Recent Achievements

    • Reacting Well
      Wakeen1966 earned a badge
      Reacting Well
    • Rookie
      Almohandis went up a rank
      Rookie
    • Apprentice
      jahara21 went up a rank
      Apprentice
    • Reacting Well
      NovaEdgeX earned a badge
      Reacting Well
    • Week One Done
      NovaEdgeX earned a badge
      Week One Done
  • Popular Contributors

    1. 1
      +primortal
      530
    2. 2
      +Edouard
      266
    3. 3
      PsYcHoKiLLa
      148
    4. 4
      Steven P.
      99
    5. 5
      macoman
      56
  • Tell a friend

    Love Neowin? Tell a friend!