Lawmakers Echo White House Call to Permit Cellphone Unlocking

The Digital Millennium Copyright Act (DMCA) forbids cellphone users from circumventing the technological protection measures that prevent their handsets from being used with other networks. Those found violating the law may be subject to civil suits, criminal fines or imprisonment. Last year the librarian of Congress issued a rulemaking that removed an exemption for cellphone-firmware unlocking that had been granted in previous triennial reviews of the 1998 law.

Sen. Ron Wyden, D-Ore., introduced a three-page bill (S-467) this week aimed at amending the DMCA to exempt individuals who legally bought cellphones from wireless carriers and wish to connect to a different carrier. Wyden touted the legislation in a tweet Tuesday that said: “You bought it, you should be able to use it. My Wireless Device Independence Act ensures you can unlock your device: http://1.usa.gov/XUJv4C.” The bill follows a White House announcement this week that said the administration supports “narrow legislative fixes in the telecommunications space that make it clear: neither criminal law nor technological locks should prevent consumers from switching carriers when they are no longer bound by a service agreement or other obligation,” according to a blog post written by Senior White House Adviser David Edelman (http://1.usa.gov/14lub3Z). The administration’s position was subsequently bolstered by FCC Chairman Julius Genachowski, who slammed the Copyright Office’s decision as raising “serious competition and innovation concerns.”

Rep. Jason Chaffetz, R-Utah, is planning to introduce a “similar” bill next week aimed at permitting consumers to unlock their cellphones, his spokesman confirmed Wednesday. Though the final text of that legislation is still pending, it would seek to address the same issues as the Wyden bill, the Chaffetz spokesman said. Earlier this week Chaffetz tweeted: “It is a freedom issue. You own the phone, you should be able to unlock it.” House Communications Subcommittee Ranking Member Anna Eshoo, D-Calif., said the ban on unlocking cell phones “puts consumers in the back seat when it comes to choosing the mobile device and service that best suits them,” according to a news release Wednesday. “Competition and consumer choice are equally fundamental to a vibrant mobile marketplace, which is why I intend to introduce legislation eliminating the ban on unlocking cell phones and other mobile devices.”

Senate Judiciary Committee Chairman Pat Leahy, D-Vt., said in a separate statement that he will seek to restore users’ ability to unlock their phones and “provide them with the choice and freedom that we have all come to expect in the digital era.” “I agree with the administration that consumers should have the flexibility to use their devices on any network they choose, provided they comply with the terms of service.” He also tweeted: “Choosing a cell provider should be a consumer right.” Rep. Doris Matsui, D-Calif., agreed in a statement Wednesday that consumers should be able to unlock their mobile devices. “It is a simple matter of consumer choice. Americans should be empowered when it comes to using their mobile devices.” Senate Antitrust Subcommittee Chairman Amy Klobuchar, D-Minn., separately tweeted: “Glad 2 see FCC supports ending the ban on unlocking cell phones. Consumers should b able to take phones w them when they change carriers."

CTIA Vice President-Government Affairs Jot Carpenter said in a statement Wednesday wireless carriers “look forward to working with members of Congress, the FCC and other interested parties to ensure that intellectual property rights, contracts and manufacturer warranties are respected.” He said carriers already permit consumers to unlock their phones after their contract terms have been satisfied and consumers who want unlocked devices already “may choose from nearly 200 unlocked devices that are available today.”