Obama administration says consumers should be able to unlock their cell phones, but that doesn't mean it's OK yet
The White House today backed an Internet petition asking the Library of Congress to change its stance on the legality of smartphone unlocking.
In a post on
the We The People blog, R. David Edelman, the White House senior
adviser for Internet, innovation and privacy, said the administration
agrees with those who signed the petition, and aims to support any
legislation that would remedy the issue.
"The White House agrees with the 114,000 plus of you who believe that
consumers should be able to unlock their cell phones without risking
criminal or other penalties," Edelman wrote. "In fact, we believe the
same principle should also apply to
tablets, which are increasingly similar to smartphones."
Edelman added that the issue falls within the realm of the Federal
Communications Commission, and to some degree mobile device
manufacturers to make sure "customers can fully reap the benefits and
features they expect when purchasing their devices."
"It's 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 said.
Having an unlocked cell phone means you can change carriers freely,
something that many device manufacturers lock down even after a
contract's term is up. Consumers typically need to spend more to buy a
device up front in order to buy it unlocked, or face what are usually
higher fees with travel data packages or international roaming. The
updated law, which went into effect in January, means that unauthorized
unlocking -- that is, any unlocking that is done without the permission
of your carrier -- is illegal.
Even with that recommendation from the administration, that doesn't
mean it's now OK to unlock your smartphone. The Copyright Office is part
of the Library of Congress, a legislative branch agency. To that end,
Edelman notes that the Obama administration "would support a range of
approaches to addressing this issue," including legislation
In a statement, FCC Chairman Julius Genachowski noted that the group was examining the issue and pushing for a legislative fix.
"From a communications policy perspective, this raises serious
competition and innovation concerns, and for wireless consumers, it
doesn't pass the common sense test," Genachowski said. "The FCC is
examining this issue, looking into whether the agency, wireless
providers, or others should take action to preserve consumers' ability
to unlock their mobile phones. I also encourage Congress to take a close
look and consider a legislative solution."
The original petition was launched in late January, and has since
amassed 114,322 signatures. It needed 100,000 to demand a response from
The White House, a threshold it reached late last month.
"This is a big victory for consumers, and I'm glad to have played a
part in it," petition creator Sina Khanifar told CNET in an e-mail. "A
lot of people reacted skeptically when I originally started the
petition, with lots of comments to the effect of 'petitions don't do
anything.' The optimist in me is really glad to have proved them wrong."
Monday, March 4, 2013
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