AT&T Will Still Unlock Devices When Customers Ask

"This ruling was interpreted by some to mean that unlocking mobile telephones would be illegal in most if not all circumstances, even prompting a petition to the White House to overturn the Librarian’s ruling,” Marsh wrote (http://bit.ly/X3b55p). “While we think the Librarian’s careful decision was reasonable, the fact is that it has very little impact on AT&T customers. As we make clear on our website, if we have the unlock code or can reasonably get it from the manufacturer, AT&T currently will unlock a device for any customer whose account has been active for at least sixty days; whose account is in good standing and has no unpaid balance; and who has fulfilled his or her service agreement commitment. If the conditions are met we will unlock up to five devices per account per year. We will not unlock devices that have been reported lost or stolen.”

Sprint Nextel also unlocks devices, a spokeswoman said Friday. “Sprint devices are designed to be activated on Sprint’s networks and have a software programming lock that, in part, protects many of a device’s features and functions against tampering and unauthorized reprogramming, and ensures that the device features are optimized for use on Sprint’s networks,” the spokeswoman said. “Sprint will provide the unlocking code to customers upon request once the service contract has been completed and the customer is in good standing either active or inactive with Sprint.”

But Free Press Policy Director Matt Wood said consumers deserve protections beyond carrier promises to unlock handsets. “Consumers pay a lot for their devices, and should be free to make full use of them,” Wood said. “Big companies don’t need technical locks -- and criminal penalties -- to reinforce their contracts. And people shouldn’t just have to trust ... the good graces of a wireless carrier or equipment maker that may or may not allow unlocking."

"What does ‘provided we have the unlock code’ mean?” asked Public Knowledge Vice President Sherwin Siy. “I profess ignorance on how their agreements with manufacturers work, but in what circumstance would they NOT have this information?” he asked via email. “Also, my personal experiences with getting something not directly related to buying a new phone or new features on my plan with my cell phone provider [have] been trying. I suspect I am not alone in this. There’s list of criteria needed to get something unlocked -- each one of those additional criteria becomes another possible gateway to a vortex of customer service runaround.”

Meanwhile, a bipartisan group of House Judiciary Committee members said they favor legislation that will permit cellphone users to unlock their devices and said in a statement Friday they will work with their colleagues in the upper chamber to advance the issue. House Judiciary Chairman Bob Goodlatte, R-Va., Ranking Member John Conyers, D-Mich., House IP Subcommittee Chairman Howard Coble, R-N.C., and Ranking Member Mel Watt, D-N.C., said they soon plan to introduce a bill to allow users to unlock their phones so they can be used on different networks. The announcement follows recent statements by the White House, FCC Chairman Julius Genachowski, and Senate Judiciary Committee Chairman Pat Leahy, D-Vt., all advocating for legislative fixes to give consumers greater control over their devices (CD March 7 p10).

Goodlatte said in a statement he will work to ensure that cellphone users have the “ability and freedom to use their cell phone with the carrier of their choosing.” Conyers said: “It is important that we work on a bipartisan basis to address the issue of cellphone unlocking to provide consumers with greater choices and affordability in this vital marketplace.” 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 Copyright Office 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., and Senate Antitrust Subcommittee Chairman Amy Klobuchar, D-Minn., have already introduced legislation to exempt individuals who legally bought cellphones from wireless carriers and wish to connect to a different carrier, and at least two House members, Communications Subcommittee Ranking Member Anna Eshoo, D-Calif., and Rep. Jason Chaffetz, R-Utah, said they are preparing bills of their own.