

Bill Introduced to Re-Legalize Cell Phone Unlocking - rjsamson
http://allthingsd.com/20130307/bill-introduced-to-re-legalize-cell-phone-unlocking

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sinak
Here is the full text of the bill. It fails to address the DMCA at all, and
I'm not sure I understand how it would fix the problem. It says that "the
agent of such subscribers" should be allowed to unlock any devices, but if the
primary way of doing that is illegal as per the DMCA, it's not clear at all
what it would actually achieve.

\---------------------

A BILL

To require the Federal Communications Commission to direct that wireless
providers permit the unlocking of mobile devices.

SECTION 1. SHORT TITLE.

This Act may be cited as the "Wireless Consumer Choice Act". SEC. 2. FCC
DIRECTION TO WIRELESS PROVIDERS.

Pursuant to its authorities under title III of the Communications Act of 1934
(47 U.S.C. 301 et seq.), the Federal Communications Commission, not later than
180 days after the date of enactment of this Act, shall direct providers of
commercial mobile services and commercial mobile data services to permit the
subscribers of such services, or the agent of such subscribers, to unlock any
type of wireless device used to access such services. Nothing in this Act
alters, or shall be construed to alter, the terms of any valid contract
between a provider and a subscriber.

~~~
nicksergeant
It reads like "you, the provider, should allow subscribers to unlock their
device so long as you don't have a current contract with them".

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showerst
For reference this is S.481 113th. The full text isn't up on THOMAS yet, but
when it is this link should work:

[http://thomas.loc.gov/cgi-
bin/bdquery/D?d113:481:./list/bss/...](http://thomas.loc.gov/cgi-
bin/bdquery/D?d113:481:./list/bss/d113SN.lst:):

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woobar
This is still a half measure. Why wouldn't they make cell phone LOCKING
illegal?

~~~
patejam
Because it is completely reasonable for providers to give you a locked phone
for a price subsidized by a 2 or so year contract. Nothing stops you from
buying an unsubsidized, unlocked phone.

~~~
StavrosK
How is it _at all_ reasonable? Why should the carriers care if I want to sign
a 2-year contract, get the iPhone and then use it with another network?

That's how things work in Greece. Carriers have no business messing with
phones in any way (putting apps on them, locking them, etc), and they don't.
Every single phone in Greece, no matter how long the contract, is stock
unlocked from the provider.

~~~
mehrzad
Because for some people it might actually be worth it to buy a $200 and pay
$60+ dollars a month for a more premium service, than $600 and $30+ for a
cheaper deal.

Outlawing locking phones would drive phone prices up, I'd think.

~~~
AnthonyMouse
>Because for some people it might actually be worth it to buy a $200 and pay
$60+ dollars a month for a more premium service, than $600 and $30+ for a
cheaper deal.

So have an early termination fee that constitutes the amount of the subsidy on
the phone.

~~~
XorNot
Seriously. This isn't a problem that has ever needed, nor should ever have
had, a technological solution.

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nicksergeant
That was fast. Are we in the same country still?

~~~
ollysb
Guess they had their minds made up on this one already.

~~~
afarrell
I suspect this is a consequence of this not being an existing battleground and
there being a small core of people intensely interested enough to help write
legislation supported by a broad enough base to convince legislators that they
can buy some votes at the polls by supporting this. The only people who will
pay attention to it are those who might sign the petition, or the cell phone
companies.

Obscure special interest issues are easier to detect constituent consensus and
come to agreement on in general.

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sinak
As the article states, I don't think I'm in support of this right now. We'd
much rather see broader DMCA change, as highlighted at <http://fixthedmca.org>

I'm waiting on someone in DC to forward me the text of the bill. Will post
here once I have it.

~~~
csense
If you're not willing to support a measure that doesn't give you everything
you want, you're really not cut out for politics.

I'm actually more in favor of making changes to the law in small patches,
because they're less likely to contain bugs.

Monoliths like the 900 pages that is Obamacare -- how can anyone really figure
out what the effects will be ahead of time?

~~~
AnthonyMouse
A much better fix for this is actually _shorter_ than the proposed
legislation. All you need is to add one line to DMCA 1201 that says it doesn't
apply in the absence of infringement or to tools that have significant uses
other than infringement.

~~~
DannyBee
But that would annoy some groups they don't want to annoy.

Instead, they are doing the smallest and least objectionable thing possible,
in an attempt to stunt any legislative momentum around his broader initiative.

This is how the game is played. Now he has to make a move to try to either
broaden a political coalition (he has the industry part down) to go further
than what the administration explicitly supported, and deal with the silent
but definitely existing industry coalition that is opposing it, or accept the
smaller "fix" and use it to establish the legitimacy of his advocacy efforts,
and save the actual legislative fight for a time when their isn't as much
industry opposition.

Despite what folks here may think of congress in general and their
intelligence, they are usually quite good at politics, or they would not be
playing at this level.

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juanpdelat
I wonder how much money things like this cost to countries. Not that they're
not important, but going back and forth on some consumerism laws when there
are still education, health and security issues, makes me thing politicians
are just wasting tax payers' money all the time.

~~~
Symmetry
I'd say that figuring out the right thing to do with respect to unlocking cell
phones is certainly two and likely more than three orders of magnitude simpler
than a useful change in security, health, or education. And I suspect it's
just as important as the sort of things the Federal Government (as opposed to
state or local) does with respect to education.

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maaku
> "...to switch carriers"

What about roaming overseas? Anyone know?

