Official White House Response to Make Unlocking Cell Phones Legal.

It's Time to Legalize Cell Phone Unlocking

By R. David Edelman

Thank you for sharing your views on cell phone unlocking with us through your petition on our We the People platform. Last week the White House brought together experts from across government who work on telecommunications, technology, and copyright policy, and we're pleased to offer our response.

The White House agrees with the 114,000+ of you who believe that consumers should be able to unlock their cell phones without risking criminal or other penalties. In fact, we believe the same principle should also apply to tablets, which are increasingly similar to smart phones. And if you have paid for your mobile device, and aren't bound by a service agreement or other obligation, you should be able to use it on another network. 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.

This is particularly important for secondhand or other mobile devices that you might buy or receive as a gift, and want to activate on the wireless network that meets your needs -- even if it isn't the one on which the device was first activated. All consumers deserve that flexibility.

The White House's position detailed in this response builds on some critical thinking done by the President's chief advisory Agency on these matters: the Department of Commerce's National Telecommunications and Information Administration (NTIA). For more context and information on the technical aspects of the issue, you can review the NTIA's letter to the Library of Congress' Register of Copyrights (.pdf), voicing strong support for maintaining the previous exception to the Digital Millennium Copyright Act (DMCA) for cell phone carrier unlocking.

Contrary to the NTIA's recommendation, the Librarian of Congress ruled that phones purchased after January of this year would no longer be exempted from the DMCA. The law gives the Librarian the authority to establish or eliminate exceptions -- and we respect that process. But it is also worth noting the statement the Library of Congress released today on the broader public policy concerns of the issue. Clearly the White House and Library of Congress agree that the DMCA exception process is a rigid and imperfect fit for this telecommunications issue, and we want to ensure this particular challenge for mobile competition is solved.

So where do we go from here?

The Obama Administration would support a range of approaches to addressing this issue, including narrow legislative fixes in the telecommunications space that make it clear: neither criminal law nor technological locks should prevent consumers from switching carriers when they are no longer bound by a service agreement or other obligation.

We also believe the Federal Communications Commission (FCC), with its responsibility for promoting mobile competition and innovation, has an important role to play here. FCC Chairman Genachowski today voiced his concern about mobile phone unlocking (.pdf), and to complement his efforts, NTIA will be formally engaging with the FCC as it addresses this urgent issue.

Finally, we would encourage mobile providers to consider what steps they as businesses can take to ensure that their customers can fully reap the benefits and features they expect when purchasing their devices.

We look forward to continuing to work with Congress, the wireless and mobile phone industries, and most importantly you -- the everyday consumers who stand to benefit from this greater flexibility -- to ensure our laws keep pace with changing technology, protect the economic competitiveness that has led to such innovation in this space, and offer consumers the flexibility and freedoms they deserve.

R. David Edelman is Senior Advisor for Internet, Innovation, & Privacy

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Update 12/12/13:

Answering the Call on Cell Phone Unlocking

By Gene Sperling

Last May, after hearing from over 114,000 of you on our We the People platform, the Obama Administration called to restore the basic consumer freedom of cell phone unlocking -- to allow you to use your mobile devices on any compatible network you choose -- and provided a roadmap for the Federal Communications Commission, industry, and Congress to solve this for the American people. Today, with the support of FCC Chairman Tom Wheeler, the nation’s largest wireless carriers announced they will abide by a new series of voluntary “unlocking principles” to help bring some relief to consumers in the next few months.

Today's announcement is an important step forward for consumers. First and foremost, the voluntary agreement will help to ensure carriers unlock phones in a manner that is reliable, transparent, and timely. We also understand this commitment by the wireless carriers will allow our deployed military personnel to have their phones unlocked before heading abroad, an admirable service for our troops.

This issue is about the simple freedom to take your business where you please, and to find the wireless plan that suits your needs -- provided you have paid for your mobile device.

The FCC and carriers are doing their part. Now it is time for Congress to step up and finish the job by passing the Unlocking Consumer Choice and Wireless Competition Act, which was voted out of the House Judiciary Committee this summer, and its companion in the Senate. We know this is an important issue to many of you. The Administration will continue to watch it closely in the coming months.

Gene Sperling is Assistant to the President for Economic Policy and Director of the National Economic Council

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