Law Change Makes It Harder To Unlock Cellphones A copyright ruling from the Library of Congress covers whether people may buy a phone from one carrier and then use it with another. A recent change makes it illegal to unlock a phone, or untie it from the original carrier, without permission. But some people are petitioning the White House to undo that change.
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Law Change Makes It Harder To Unlock Cellphones

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Law Change Makes It Harder To Unlock Cellphones

Law Change Makes It Harder To Unlock Cellphones

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An obscure change in federal law has made it harder for you to change cell phone carriers. Suppose you want to change providers but you do not want to buy a new phone. You would have to unlock your existing phone from the original carrier. And for a time, federal copyright laws which cover this issue, gave you the freedom to do just that. Now, that provision of the law has expired, which has left some people petitioning the White House to restore it.

NPR's Laura Sydell reports.

LAURA SYDELL, BYLINE: Back in 2005, Sina Khanifar left California to go to school in England.

SINA KHANIFAR: I had taken a phone from here in California with me while I was there, and I couldn't use it.

SYDELL: Khanifar couldn't use his Motorola Razr. Remember those? Because the phone was locked into AT&T's network and they didn't have AT&T in England. So he figured out a way to unlock his phone and connect it to a British carrier. Khanifar started a business selling the unlocking software to other travelers who might be stuck the way he was.

KHANIFAR: And it was great. It was helping me pay my college tuition. I was really happy about the situation. But then I got a cease-and-desist letter from Motorola.

SYDELL: Khanifar says the letter charged him with violating copyright law. He faced up to five years in prison for unlocking his phone. An American civil liberties group, the Electronic Frontier Foundation, or EFF, stepped in to help him. The group petitioned the copyright office in D.C.

EFF staff attorney Mitch Stoltz.

MITCH STOLTZ: The copyright office created a legal shield for people who are unlocking their phones.

SYDELL: But here's the thing about that shield: It only lasts three years. Then the copyright office, which is part of the Library of Congress, has to renew it.

Gayle Osterberg, a spokesperson from the library, says during the last review they determined it was OK for companies to decide when to unlock a phone.

GAYLE OSTERBERG: The evidence showed that the market has changed. A wide variety of new phones that are already available unlocked and cell phone carriers have relaxed their unlocking policies.

SYDELL: So now, if you buy a phone from AT&T and get a two-year contract, even when that contract is up, you will still have to ask permission from AT&T or Verizon or T-Mobile to change your phone to a new carrier.

Sina Khanifar, who still travels a lot, started a petition to the White House against the rule change.

KHANIFAR: And it really does runs counter to sort of your common sense intuition about this kind of thing. Once you bought it you should be able to do what you want with it.

SYDELL: The U.S. carriers see it differently. In a statement, the CTIA, a trade group for the wireless industry, said when customers buy a phone with a two-year contract they get a discount. So the carrier should be able to prevent them from going elsewhere.


SYDELL: Outside an Apple store in San Francisco, there were a lot of iPhone users like Emil Sarkisov, who don't get it.

EMIL SARKISOV: Once my contract is up and I'm not going to give up my phone when I give back the contract, right? I still keep the phone, so why can't I do whatever I want with it?

SYDELL: For people who travel, like Calvin Su, using an American carrier is expensive outside of the U.S. So, Su usually unlocks the phone and connects to a local carrier. Su worries he won't be able to do that anymore.

CALVIN SU: Yeah, usually I travel so it'll bring a negative impact for me though.

SYDELL: Su can join the people who are signing the petition to the White House. The petitioners have until Friday to get 100,000 signers - they've got 80,000 so far. The White House can't tell the Library of Congress what to do but it can put pressure on the library and Congress itself to change the law.

Laura Sydell, NPR News.


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