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

The Atlantic.com ^ | January 27, 2013 | Derek Khanna

[Kaslin]

When did we decide that we wanted a law that could make unlocking your smartphone a criminal offense? The answer is that we never really decided.

ADVISORY

BY DECREE OF THE LIBRARIAN OF CONGRESS

IT SHALL HENCEFORCE BE ORDERED THAT AMERICANS SHALL NOT UNLOCK THEIR OWN SMARTPHONES.

PENALTY: In some situations, first time offenders 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.*

That's right, starting this weekend it is illegal to unlock new phones to make them available on other carriers.

I have deep sympathy for any individual who happens to get jail time for this offense. I am sure that other offenders would not take kindly to smartphone un-lockers.

But seriously: It's embarrassing and unacceptable that we are at the mercy of prosecutorial and judicial discretion** to avoid the implementation of draconian laws that could implicate average Americans in a crime subject to up to a $500,000 fine and up to five years in prison.

[Da Coyote]

Simplest and most probable explanation: under the table bucks for the bat-ear-b*stard and his fellow felons.

[Wurlitzer]

Uh right off the bat does not the potential sentence violate Cruel and unusual punishment?

One phone switched to another carrier and the gestapo comes down on you like a ton of bricks.

[FredZarguna]

It's not a new law, actually. It's a direct reversal of an earlier interpretation by the Library of Congress that unlocking your smartphone for certain purposes constitutes a copyright violation under the DMCA.

This law is thoroughly hideous and should have been repealed long ago.

[dennisw]

BY DECREE OF THE LIBRARIAN OF CONGRESS

Damn! Obama has his stooges everywhere!

[MeganC]

This is simple for me, I was thinking about buying a smartphone and now I won’t. Screw ‘em.

[XenaLee]

What is the purpose of this law? Do they assume that if you’ve unlocked your smartphone and switched to another carrier....that you stole the smartphone and are therefore a thief? Is it to protect the original carrier? I don’t get it. Could someone explain this to me?

[AZLiberty]

This makes me want to unlock my phone. Unfortunately, I can’t: it’s a CDMA phone.

[elkfersupper]

Well, there aren't enough cops. Just like there won't be enough cops to deal with everybody who doesn't want to give up their health insurance information on their tax returns.

I know a lot of people who anticipate not filing tax returns at all from now on, because by the time the IRS scopes them out and pursues them, they will be long dead.

Sounds like a good plan to me.

[E. Pluribus Unum]

The more criminals the feral government can manufacture, the better.

[SeeSharp]

I think it only applies to folks who get a discounted phone with a contract. If you just buy the phone outright you can do what you want with it. Still... we don’t need the police to enforce contract law. It should be entirely a civil matter.

[XenaLee]

It’s kinda like how Big Government is coming down on private citizens for pirated software, copywright infringement on downloaded media and other minor “crimes”....while letting real criminals (with violent histories) go free or with very light sentences.

Everything is back@sswards when leftists are running and ruining things.

“One phone switched to another carrier and the gestapo comes down on you like a ton of bricks.”

[Red Badger]

What is the purpose of this law? .........

Make you buy new phones..........

[nascarnation]

Well if you’re a Justice Dept bureaucrat, what sounds like a better afternoon

going after college students illegally downloading music

or disarming the ghetto in Chicago, Detroit, Cleveland, etc?

[ptsal]

.

Check out the Ting phone service advertised on Twit.com

Looks like this legislation is made to order for folks wanting to switch carriers.

Hope someone has had experience with TING.COM. If so, please share. :)

[The Unknown Republican]

There is no differnece in unlocking a smartphone versus a dumbphone. From what I’ve read elsewhere this applies to all types of phones so your solution won’t work. This is insanity.

[SeeSharp]

Could someone explain this to me?

If you obtain a $600 phone for $200 on the condition that you sign a two year contract, then jail break the phone and start doing things the contract doesn't allow, then the phone company considers that a breach of contract. What they're trying to do is to get the police to enforce these private contracts so they won't have to bear the expense of taking you to court. Pardon the hyperbole but this really is pure fascism.

[muawiyah]

I’m sure the next Chief Librarian will be much younger and have a totally different position on this law.

[Perdogg]

The no-unlocking rule only applies to “newly purchased” phones, meaning any carrier-locked phone purchased on or after October 28, 2012, the date the new rules went into effect. (A 90-day grace period ended today, January 26.)

If you buy a used phone – or even a new phone not locked by a carrier – you are still allowed to unlock it. It’s also perfectly legal to buy a phone that comes unlocked from a carrier or otherwise. You can also, in some circumstances, ask your carrier for permission to unlock your device. (More on this below.)

Read more: http://www.digitaltrends.com/mobile/unlocking-your-new-smartphone-is-now-illegal-what-you-need-to-know/#ixzz2JJRN8MoL
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[XenaLee]

Does that law also apply to Obamaphones? lol