Unlocked Phone? Jail Time!

**SmokenScion** · 01-28-13, 12:21 PM

The Most Ridiculous Law of 2013 (So Far): It Is Now a Crime to Unlock Your Smartphone - Derek Khanna - The Atlantic

Every three years groups like the American Foundation for the Blind have to lobby Congress to protect an exception for the blind allowing for books to be read aloud. Can you imagine a more ridiculous regulation than one that requires a lobby group for the blind to come to Capitol Hill every three years to explain that the blind still can't read books on their own and therefore need this exception?

Until recently it was illegal to jailbreak your own iPhone, and after Saturday it will be illegal to unlock a new smartphone, thereby allowing it to switch carriers. This is a result of the exception to the DMCA lapsing. It was not a mistake, but rather an intentional choice by the Librarian of Congress, that this was no longer fair use and acceptable. The Electronic Frontier Foundation among other groups has detailed the many failings of the DMCA Triennial Rulemaking process, which in this case led to this exception lapsing.

**Xavsnipe** · 01-28-13, 12:30 PM

Yay! All forms of jailbreaking are now illegal as well, I think.

**moving-target** · 01-28-13, 12:34 PM

no suprise slip a few K to multiple congressmen and this shit happens

**Captain Coors** · 01-28-13, 12:59 PM

Jail breaking is not illegal, just unlocking subsized phones that are under contract with a stipulation that says they aren't to be unlocked until end of said contract.

I don't get what the big deal is - if you want an unlocked phone you can still buy one.

When you buy a locked phone, you get a cheaper price because its locked to a subsized contract.

f you don't like that deal, buy an unlocked phone up front.

**Xavsnipe** · 01-28-13, 01:06 PM

It is illegal to jailbreak tablets; it is still legal to jailbreak phones.

**BigHub** · 01-28-13, 01:12 PM

jailbreak ≠ unlocking

**BigHub** · 01-28-13, 01:14 PM

Unlocking a phone means you can switch the carrier..

Jailbreaking a phone just means you unlock certain features, thus it's not illegal to jailbreak your phone (if this bill passes)

**Xavsnipe** · 01-28-13, 01:32 PM

I know the difference between jailbreaking and unlocking. My original comment was sort of a side note, saying "unlocking is now illegal if this bill passes"...."jailbreaking (tablets) is illegal too now" ...leaving out "both of these laws suck".

**deathgodusmc** · 01-28-13, 01:55 PM

My only real issue with this is why are they getting involved anyway. Dont we have plenty for them to be worrying about without being side tracked onto what we do with our phones? Other then that this really means nothing. If your under contract you have to either finish your contract or pay the fees for violating said contract. Once either item is done you can take your phone where every you want. If i had to guess this is nothing more then to get contract jumpers to pay the breech fee.

**Affinity** · 01-28-13, 02:04 PM

...may be fined up to $500,000, imprisoned for five years, or both. For repeat offenders, the maximum penalty increases to a fine of $1,000,000, imprisonment for up to ten years, or both.

Okay, this is my uneducated rant. Please refer to my statement below and set me straight. This is absolutely ridiculous and out of proportion to the crime. It is not like it's a law that will be actively enforced, it's just for the once in awhile "example" that the industry has to set -- much like the RIAA and music pirating.

I think that I am missing something here. Is this law mainly targeted towards individuals who are making a living off of unlocking phones? What type of people and circumstances are the main target of this law?

Jail time of up to 5 years and a $500,000 fine for a victimless crime? There are lesser sentencing/fining structures for burglary, embezzlement, and domestic violence.