TORONTO – The White House has responded to public pressure to make unlocking cellphones legal in the U.S., expressing support for consumers to be allowed to use their devices on other wireless networks.
Obama’s senior advisor for Internet Innovation and Privacy David Edelman said The White House agrees with the over 114,000 citizens that signed an online petition stating that consumers should be able to unlock their cellphones without risking criminal or financial penalties.
“Its 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.”
Edelman noted that the same principal should apply to tablets.
When cellphones are purchased from a wireless service provider on a contract, for example a three-year term, software is embedded in the phone preventing it to be used on another wireless network.
But, consumers are able to get around this by having someone hack the software to “unlock” the phone so it can be used on any wireless network.
The U.S. Library of Congress considered cellphone unlocking exempt from a federal copyright law named the Digital Millennium Copyright Act (DMCA) since 2006. But in October 2012, the Library of Congress decided cellphone unlocking should become an illegal practice and decided the exemption from DMCA would end on January 26.
A White House petition, asking the Obama administration to make unlocking cellphones legal, was created on Jan. 24 and garnered over 114,000 signatures – prompting the response from the White House.
Edelman noted in his response that the ability to unlock a device is especially important to consumers who receive cellphones or tablets secondhand, or as gifts, so that they can use the device on their preferred network.
Most cellphone companies disagree with the practice of unlocking phones, but thanks to bill C-343, the ‘Cell Phone Freedom Act’, it’s legal in Canada.
According to the act, any phone can be legally unlocked at the end of a service contract from the provider for no charge, if the phone was bought at a discounted price (as most phones are when purchased on two- or three-year terms) in Canada.
If you choose to pay the full price of the phone, or if you do not enter into a contract with a provider for at least six months, the provider is required to remove the software lock under bill C-343.
Consumers have long argued that unlocking cellphones should be available while still under contract with a provider.
If a phone is unlocked, for example, you have the ability to put a different SIM card in the phone – which comes in handy if you are travelling outside of the country, as Canadian SIM cards would be charged high roaming fees if used internationally.
Edelman says The White House will work with the Federal Communications Commission to address the issue of cellphone unlocking in the U.S. and said that he would support new legislation.
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