Starting today, it’s illegal to unlock your cell phone
“It wasn’t a good ruling,” Rebecca Jeschke, a digital rights analyst at the Electronic Frontier Foundation (EFF), told ABC News. “You should be able to unlock your phone. This law was meant to combat copyright infringement, not to prevent people to do what they want to do with the device they bought.”…
If your phone has already been unlocked, you are grandfathered in and won’t face any legal issues. But what could happen if you unlocked your phone now that it’s illegal?
“Violations of the DMCA [unlocking your phone] may be punished with a civil suit or, if the violation was done for commercial gain, it may be prosecuted as a criminal act,” Brad Shear, a Washington, D.C.-area attorney and blogger who is an expert on social media and technology law, told ABC News. “A carrier may sue for actual damages or for statutory damages.”








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My cell phone has a lock?
Cindy Munford on January 26, 2013 at 2:45 PM
Speaking of illegal, all here on the Gulf coast, and probably all over the US, have you seen these regulations(there are so many no human could see them all) that could land you in jail/and or fines? If you don’t think big bro is everywhere in our lives, give a re-think!
http://www.foxnews.com/politics/2013/01/26/study-finds-gulf-states-are-biggest-targets-government-overcriminalization/?test=latestnews
L
letget on January 26, 2013 at 2:48 PM
The idea that unlocking a cell phone could come under the purview of a federal government agency designed to enforce copyright law should illustrate the absurdity of our copyright law in the modern world. The entire intellectual property law system of the United States is in desperate need of an overhaul.
Shump on January 26, 2013 at 2:52 PM
29Victor on January 26, 2013 at 2:53 PM
I hate these people.
tom daschle concerned on January 26, 2013 at 2:53 PM
Don’t buy a locked cell phone.
Part of our natural rights is the freedom of contract and one of the responsibilities of government is to enforce private contracts.
jhffmn on January 26, 2013 at 3:04 PM
It’s all to do with international roaming charges. Even unlocked, you still are bound by your contract to your carrier, but unlocking allows for a local sim to be used overseas.
Probably cheaper to buy a cheap, prepaid phone if overseas for awhile.
OldEnglish on January 26, 2013 at 3:06 PM
Obama disagrees.
OldEnglish on January 26, 2013 at 3:07 PM
Issues of overreach aside, is it really that hard to sign up with a cell carrier that a) doesn’t suck and make you want to switch carriers within the term of your contract and b) has the phone you want?
James on January 26, 2013 at 3:09 PM
Sounds like an assault lock to me. Assault locks should be banned. If it saves but one life it will be worth it.
Dusty on January 26, 2013 at 3:09 PM
goverment in the best of circumstances is evil.
unseen on January 26, 2013 at 3:09 PM
Bummer, and with the Samsung Galaxy S IV coming out in a few months…
astonerii on January 26, 2013 at 3:11 PM
time to turn to the courts. This was a ruling not a court decision. Wonder how much the carriers paid for this ruling.
unseen on January 26, 2013 at 3:11 PM
Only if you don’t travel overseas a lot. Roaming is blatant extortion.
OldEnglish on January 26, 2013 at 3:11 PM
It’s all to do with international roaming charges. Even unlocked, you still are bound by your contract to your carrier, but unlocking allows for a local sim to be used overseas.
Probably cheaper to buy a cheap, prepaid phone if overseas for awhile.
[OldEnglish on January 26, 2013 at 3:06 PM]
But doesn’t unlocking allow you to use your phone with another sim with another carrier?
Dusty on January 26, 2013 at 3:15 PM
What the heck is a subsidized phone? Obamaphones?
Dusty on January 26, 2013 at 3:16 PM
Exactly! That’s why the carriers won’t allow unlocking. International roaming charges can run into the thousands for the unwary.
However, you are still bound to pay the contracted charges to your original carrier for the term of the contract – whether you use their sim or not.
OldEnglish on January 26, 2013 at 3:19 PM
Usually a phone that comes with a contract – either at a reduced price upfront, or amortized over the term of the contract.
OldEnglish on January 26, 2013 at 3:22 PM
Yep. They have been advertising them like crazy since the beginning of the year. So not only do we have to pay for them we now have to pay for the advertising for them as well.
gophergirl on January 26, 2013 at 3:22 PM
Yes, but since you have a contract with the current company, why would you then want to pay for a second company?
Me and my wife unlock all our phones. Usually we do it through T-Mobile, but on occasion they give us an upgrade before the normal period of time and we run out of unlocks and then buy one from a third party. Guess this is over.
I dunno, the wife has a Galaxy SIII and I got the SII (unlocked and sold my SIII and took her old SII for me). The SIII should be good enough for her trips overseas.
astonerii on January 26, 2013 at 3:24 PM
Spreading the
wealthdebt.OldEnglish on January 26, 2013 at 3:25 PM
One word:
NEXUS.
mintycrys on January 26, 2013 at 3:26 PM
Only one group will pay the debt… the children and future generations. They are effectively the slaves of the current generations. I hope that God takes the actions of the current generations with respect to government finances into account and leaves most of the scumbag voters and non voters out of the pearly gates.
astonerii on January 26, 2013 at 3:30 PM
Because there are two contracts, one for me on one service and another one to talk to my son, who put it on his account because it only cost an additional $10. Without going into the details, circumstances changed and I sent the simm card back to him for another use, all staying within the contract requirements, but now there is a phone which I can’t use because it is locked.
Dusty on January 26, 2013 at 3:34 PM
Even Peter spoke of being a prisoner and slave.
OldEnglish on January 26, 2013 at 3:36 PM
Actually, Dusty, you can unlock it. The new law applies to new phones purchased from today.
OldEnglish on January 26, 2013 at 3:39 PM
Thanks for that.
Dusty on January 26, 2013 at 3:45 PM
I have to admit that I don’t know what “unlocking your phone” means.
Does this come down to the way that you effectively lease your phone from the phone company with the way they subsidies your purchase and charge higher rates?
Count to 10 on January 26, 2013 at 3:48 PM
If you are talking about Peter of the Bible…
Prisoner is what the state does to you.
Slavery in biblical times and in biblical locations was nothing even remotely similar to what America practiced and is currently practicing.
astonerii on January 26, 2013 at 3:51 PM
Basically, yes. It has a code in it that means it can only accept sim cards with matching codes. If you put a non matching sim into the locked phone, it will not register and connect to the phone towers. Sometimes, they will not even function without the proper sim or no sim installed.
The unlock basically removes this restriction.
astonerii on January 26, 2013 at 3:53 PM
It also allows you to remove the data sharing restrictions placed on the phone by the carrier. For example most smart phones can act as a wireless data hub that allows you to create a wifi station to connect other devices to your phones 3G or 4G connection. If you have an iPad that only has wifi, you can connect your iPad to you r phone and use the data provided by your carrier. Most carriers place a lock on this feature unless you pay them an extra fee per month. By unlocking or jailbreaking your phone you can get around this restriction and use the feature for free.
jawkneemusic on January 26, 2013 at 4:09 PM
That’s why jailbreaking is great – you can use your contract limits. The companies expect that you’ll never use all that you pay for.
But for the locking – if someone wants to get a $500 phone for a buck on a three year contract, then man up and honor the contract. If that’s a problem then cough up the $500 bucks and buy it outright and be a “free agent”.
I’m not seeing the problem.
kim roy on January 26, 2013 at 4:41 PM
My wife is the cell phone expert. I carry mine about once or twice a month. Talk about a wasted monthly fee… But yeah, I remember that she got charged like $120 one month for sending texts through our in home internet service… They refunded the money, but the wife had to do something to get those text messages out of the view of T-Mobile or they would have kept charging us…
astonerii on January 26, 2013 at 4:42 PM
What’s the penalty if you use your blackberry for selling guns to Mexican drug lords?
JellyToast on January 26, 2013 at 4:46 PM
Several months of golfing with the WON.
astonerii on January 26, 2013 at 4:48 PM
Unlocking has nothing to do with honoring or not honoring the contract. If I sign a contract that states that I will pay $80/month for the next two years then I will need to pay that (or the early termination fee, to offset the subsidy made on the phone) regardless of whether I unlock my phone. Furthermore, carriers sometimes refuse to unlock the phone despite the contract ending. There are two main legit reasons to unlock a phone and still be on-contract:
1) Overseas travel. Go abroad for two weeks, pay for a local plan abroad so that you can use the physical phone itself abroad instead of renting a phone, or worse, going without a phone at all. Keep paying the contract because you still want your number and everything to work when you return.
2) Multiple carriers for multiple service regions. One carrier works really great at home, but no signal at the office; another carrier works great at the office but no signal at home. By unlocking, you can swap out the SIM card for that of another carrier depending on where you are so that you can still make calls (and receive them if people have both your numbers).
Furthermore: Subsidizing cell phones is a dishonest business practice. It’s not a subsidy, it’s a loan. Your new iPhone doesn’t really cost $200, it costs $650, so when you buy it for $250 you’re taking out a $450 loan from the carrier and paying it back over two years by paying roughly double the monthly cost for the service plan. I get better APR on my credit card let alone a proper bank loan. But to make customers think that they’re getting a good deal, the carriers deceptively make people think, “well I’d be paying the same price per-month contract or no contract, so there’s no harm in signing a contract” which is completely wrong.
If you guys want to stop paying $100/month cell phone bills, support:
1) an end to multi-year cell service contracts. Free market economics require people to be able to change providers when their provider starts to suck, and not allowing people to do that prevents consumers from voting with their wallets.
2) requiring all cell phones to be sold unlocked. Again, allow consumers to vote with their wallets. By showing the real price, perhaps people will think twice before buying a new cell phone every two years that they don’t need, while allowing people to easily resell used phones so that they can more easily afford new ones.
solatic on January 26, 2013 at 5:05 PM
Shouldn’t the consumer be forcing this and not a government demand?
I think I heard that T-Mobile will be ending subsidized phones in the future…
astonerii on January 26, 2013 at 5:13 PM
They damn well should, given how unpopular they are for their customer service. The only thing driving customers their way is the fact that Google isn’t on the best terms with Big Red.
mintycrys on January 26, 2013 at 6:42 PM