President Obama To Sign Bill Unlocking Cellphones

Posted by | July 26, 2014 23:19 | Filed under: Contributors Good News Mark Quincy Adams Opinion Politics Top Stories


Say hello to some much welcomed cooperation in Washington. The House of Representatives passed a bill …. no really they did … and it’s a good one too. Finally, after years of frustration by consumers, over 100,000 signatures on a White House petition and action by the U.S. Senate, a bill allowing the unlocking of mobile phones is finally heading to the President’s desk. It’s seems safe to say that this is one past due cell phone bill that most customers will enjoy hearing about!

President Obama says he will sign the bill into law, applauding Congress today for taking “another step toward giving ordinary Americans more flexibility and choice, so that they can find a cellphone carrier that meets their needs and their budget.” The ‘Unlocking Consumer Choice and Wireless Competition Act’ , sponsored by Rep. Bob Goodlatte, R-Va., was passed by a vote of 295 to 114 Friday; the Senate version, championed by Sen. Patrick Leahy, D-Vt., was approved 10 days ago. The legislation repeals a recent ruling by the Library of Congress that found copyright laws could be strictly enforced over “locked” phones because of evolution in the cellphone marketplace.

 

 

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Copyright 2014 Liberaland
By: Mark Quincy Adams

A proud 'pragmatic progressive' Mark Quincy Adams has been a political
talk show host and prolific pontificator since 1992. Find him on Facebook and Twitter @politicalglutton

23 responses to President Obama To Sign Bill Unlocking Cellphones

  1. wmike2kv July 26th, 2014 at 23:51

    More details on consumer implications please.

    • Eric Trommater July 27th, 2014 at 09:33

      Unlocking Consumer Choice and Wireless Competition Act – Repeals a Library of Congress (LOC) rulemaking determination, made upon the recommendation of the Register of Copyrights, regarding the circumvention of technological measures controlling access to copyrighted software on wireless telephone handsets (mobile telephones) for the purpose of connecting to different wireless telecommunications networks (a practice commonly referred to as “unlocking” such devices). Reestablishes, as an exemption to provisions of the Digital Millennium Copyright Act (DMCA) prohibiting such circumvention, a previous LOC rule permitting the use of computer programs, in the form of firmware or software, that enable used wireless telephone handsets to connect to a wireless telecommunications network, when circumvention is initiated by the owner of the copy of such computer program solely to connect to such a network and access to the network is authorized by the network operator, thus permitting unlocked phones.

      Directs the Librarian of Congress, upon the recommendation of the Register, to determine whether to extend such exemption to include any other category of wireless devices in addition to wireless telephone handsets (e.g., tablets and other mobile broadband-enabled devices).

      Allows such circumvention (unlocking) to be initiated by the owner of such a device, by another person at the direction of the owner, or by a provider of a commercial mobile radio service or a commercial mobile data service at the direction of such owner or other person, solely in order to enable such owner or a family member of such owner to connect to a wireless telecommunications network, when such connection is authorized by the operator of such network. Prohibits such owner-directed unlocking from being construed to: (1) permit the unlocking of devices for the purpose of bulk resale, or (2) authorize the Librarian to authorize circumvention for such purpose.

      • wmike2kv July 27th, 2014 at 11:21

        Thank you Erik. It may be simple to you, but I’m still baffled by the legalese. Can you dumb it down even further and convey the issue of what was prohibited and is now allowed, and how the consumer is better off as a result ?

        • Eric Trommater July 27th, 2014 at 11:27

          When your contract expires with a carrier you can reprogram (or ‘unlock’) your phone to work with another carrier making it easier to shop carriers without having to replace your phone. It was legal until 2012 when the Library of Congress declared it was a violation of copyright law and this bill amends copyright law to allow it.

          • mea_mark July 27th, 2014 at 12:47

            That is what you should have said the first time. :-)

  2. wmike2kv July 26th, 2014 at 23:51

    More details on consumer implications please.

    • Eric Trommater July 27th, 2014 at 09:33

      Unlocking Consumer Choice and Wireless Competition Act – Repeals a Library of Congress (LOC) rulemaking determination, made upon the recommendation of the Register of Copyrights, regarding the circumvention of technological measures controlling access to copyrighted software on wireless telephone handsets (mobile telephones) for the purpose of connecting to different wireless telecommunications networks (a practice commonly referred to as “unlocking” such devices). Reestablishes, as an exemption to provisions of the Digital Millennium Copyright Act (DMCA) prohibiting such circumvention, a previous LOC rule permitting the use of computer programs, in the form of firmware or software, that enable used wireless telephone handsets to connect to a wireless telecommunications network, when circumvention is initiated by the owner of the copy of such computer program solely to connect to such a network and access to the network is authorized by the network operator, thus permitting unlocked phones.

      Directs the Librarian of Congress, upon the recommendation of the Register, to determine whether to extend such exemption to include any other category of wireless devices in addition to wireless telephone handsets (e.g., tablets and other mobile broadband-enabled devices).

      Allows such circumvention (unlocking) to be initiated by the owner of such a device, by another person at the direction of the owner, or by a provider of a commercial mobile radio service or a commercial mobile data service at the direction of such owner or other person, solely in order to enable such owner or a family member of such owner to connect to a wireless telecommunications network, when such connection is authorized by the operator of such network. Prohibits such owner-directed unlocking from being construed to: (1) permit the unlocking of devices for the purpose of bulk resale, or (2) authorize the Librarian to authorize circumvention for such purpose.

      • wmike2kv July 27th, 2014 at 11:21

        Thank you Erik. It may be simple to you, but I’m still baffled by the legalese. Can you dumb it down even further and convey the issue of what was prohibited and is now allowed, and how the consumer is better off as a result ?

        • Eric Trommater July 27th, 2014 at 11:27

          When your contract expires with a carrier you can reprogram (or ‘unlock’) your phone to work with another carrier making it easier to shop carriers without having to replace your phone. It was legal until 2012 when the Library of Congress declared it was a violation of copyright law and this bill amends copyright law to allow it.

          • mea_mark July 27th, 2014 at 12:47

            That is what you should have said the first time. :-)

  3. M A G July 27th, 2014 at 08:15

    Sounds like a good thing, but I’m sure there’s a rider or something put in there to screw us little people somehow. Seems I’m quite the cynic these days when it comes to congress.

    Edited to correct spelling error

    • Eric Trommater July 27th, 2014 at 09:37

      In this case no, it’s a very simple bill that unlocks phones and allows them to connect to a different wireless network.

      • M A G July 27th, 2014 at 11:37

        How on earth did a bill pass with no toxic riders? I’m digging this bill then. :)

  4. MIAtheistGal July 27th, 2014 at 08:15

    Sounds like a good thing, but I’m sure there’s a rider or something put in there to screw us little people somehow. Seems I’m quite the cynic these days when it comes to congress.

    Edited to correct spelling error

    • Eric Trommater July 27th, 2014 at 09:37

      In this case no, it’s a very simple bill that unlocks phones and allows them to connect to a different wireless network.

      • MIAtheistGal July 27th, 2014 at 11:37

        How on earth did a bill pass with no toxic riders? I’m digging this bill then. :)

  5. fancypants July 27th, 2014 at 17:45

    Im not in favor of 2yr. cell phone contracts either,i hope there is a clause that gives you the right to cancel if your service sucks.

  6. fancypants July 27th, 2014 at 17:45

    Im not in favor of 2yr. cell phone contracts either,i hope there is a clause that gives you the right to cancel if your service sucks.

  7. peacedreamer July 27th, 2014 at 23:29

    Well finally the House & Senate passed a bill that should have never been a problem in the first place. We purchase the phones & always should’ve had the option to use with any provider. Yeah it’s good news, but overall we still have had low level performance from Capital Hill. They throw out a few crumbs and forget the main menu…

  8. peacedreamer July 27th, 2014 at 23:29

    Well finally the House & Senate passed a bill that should have never been a problem in the first place. We purchase the phones & always should’ve had the option to use with any provider. Yeah it’s good news, but overall we still have had low level performance from Capital Hill. They throw out a few crumbs and forget the main menu…

  9. peacedreamer July 27th, 2014 at 23:29

    Well finally the House & Senate passed a bill that should have never been a problem in the first place. We purchase the phones & always should’ve had the option to use with any provider. Yeah it’s good news, but overall we still have had low level performance from Capital Hill. They throw out a few crumbs and forget the main menu…

  10. Tom Ward August 2nd, 2014 at 15:28

    Thanks, Obama! We should have the freedom to control the devices we pay for.

  11. Tom Ward August 2nd, 2014 at 15:28

    Thanks, Obama! We should have the freedom to control the devices we pay for.

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