One of the several advantages of SIM technology is the
ability to seamlessly swap out cell phones with like-banded phones. If you've taken to the former, DIY method, some recent news
might not sit well with you. Michael Gowan of TechNewsDaily reported late
yesterday evening that unlocking cell phones without the carrier's permission
will be illegal as of this Saturday, January 26. In October, says Gowan, the
Library of Congress concluded that unlocking cell phones would not be granted
an exemption to the Digital Millennium Copyright Act (DMCA) and would no longer
be legal. Those who still wanted to unlock their cell phones before the act was
deemed illegal were given a 90-day window, which closes this Friday.
It could also create a hurdle for those looking to take the
prepaid plunge. Considering the prepaid device selections are still paltry and
outdated in comparison to postpaid offerings, more and more U.S.
wireless customers have taken their unlocked Smartphone to a prepaid carrier to
save significant chunks of change each month.
You may recall another controversial ruling around the DMCA
for us mobile guys and gals. In July 2010, the Librarian of Congress ruled that
rooting (Android) and jailbreaking (iOS) devices was legal under the
DMCA. However, in October 2012, yet another change was made. It's legal to root
and jailbreak smart phones, yet tablets are not covered in that
exemption due to the lack of a solid definition (i.e.: an e-reader could be
considered a tablet, as could a laptop, in a weird sort of way). But I digress
…
You might be thinking, "I bought my smartphone, I
should have free reign to do as I please with it! If jailbreaking/rooting is
legal, why isn't unlocking?" But jailbreaking, rooting and
unlocking are all vastly different in nature. There is much more at play here
than just the hardware, software and networks involved.
Most U.S.
wireless subscribers adhere to the subsidized lifestyle, which means they sign
a contractual agreement – likely two years – and can purchase the phone at a
significantly lower price ($20 to 300 versus $400 to $800). It also means a
very small demographic is actually affected by this change to the DMCA. The only people this truly affects are those who swap
devices often, BYOD prepaid customers seeking better devices or those who
purchase used smartphones and unlock them unofficially, particularly iPhone
users, as iPhones purchase with a contract are an entirely different story.
But, like I said, there is no shortage of smartphones that come unlocked from
the factory these days. The Nexus 4 from Google is a prime example, as is the
iPhone 5 through Verizon or DROID DNA. And lest we forget about international
devices.
While some may be adverse to the ruling, this change that
goes into effect this Saturday is not cause for alarm for the vast majority of
wireless users, even those who like or need to unlock smartphones. Still, I
can't say I agree with the ruling. As long as you're out of contract, you should
have the ability to unlock your smartphone as you please.