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TL;DR: 1. The White House thinks this is a good idea, but it is not within their powers to implement change under the current law. 2. These rules (DMCA except
by gmisra 14y ago
TL;DR:
1. The White House thinks this is a good idea, but it is not within their powers to implement change under the current law.
2. These rules (DMCA exceptions) fall under the Library of Congress, and the White House has recommended a review of said rules.
3. The LoC has also responded and agreed to re-review these exceptions: "We also agree with the administration that the question of locked cell phones has implications for telecommunications policy and that it would benefit from review and resolution in that context." [2]
4. In an amicus-like capacity, the FCC has also responded and commented on the current regulatory regime: "From a communications policy perspective, this raises serious competition and innovation concerns, and
for wireless consumers, it doesn't pass the common sense test. The FCC is examining this issue, looking
into whether the agency, wireless providers, or others should take action to preserve consumers' ability to
unlock their mobile phones." [3]
(end summary)
The Library of Congress could choose to reinstate the unlocking exception, which they at least purport to be reviewing. Or, the FCC could step in and claim regulatory oversight and create new regulations. Neither of those actions require direct congressional intervention, and both appear to have much higher visibility as a consequence of this petition.
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[1] https://petitions.whitehouse.gov/petition/make-unlocking-cell-phones-legal/1g9KhZG7?update https://petitions.whitehouse.gov/petition/make-unlocking-cel...
[2] http://www.loc.gov/today/pr/2013/13-041.html http://www.loc.gov/today/pr/2013/13-041.html
[3] http://transition.fcc.gov/Daily_Releases/Daily_Business/2013/db0304/DOC-319250A1.pdf http://transition.fcc.gov/Daily_Releases/Daily_Business/2013...