4 ms·

For what it's worth, as someone who does not unlock, I see this as potentially negative. Why? Because the so-called "Unlocking Technology Act", among other in

by comex 13y ago

For what it's worth, as someone who does not unlock, I see this as potentially negative. Why? Because the so-called "Unlocking Technology Act", among other initiatives, has been using the clout of the unlocking issue to promote essentially a wholesale repeal of the DMCA anticircumvention, citing its interference with exploit-based software unlocks as a core justification. This recommendation would require carriers to provide unlocks themselves rather than making hackers do it, which would be much better for unlockers, but obviate the need for circumvention. Yet all the other other use cases harmed by anticircumvention would remain, many of which affect me personally (and probably many HN users), but which might not gather as broad public understanding and support as unlocking currently does.

gergles 13y ago
The anticircumvention requirement is one of the worst parts of the DMCA. If that was repealed as a result of this, I'd be thrilled. Can you elaborate on how this eviscerates anticircumvention?
- comex 13y ago
  What my comment says is that this (the NTIA recommendation that is the subject of the article) might obviate part of the impetus for a pre-existing initiative (http://fixthedmca.org/unlocking-technology-act.html http://fixthedmca.org/unlocking-technology-act.html) that would essentially repeal anticircumvention, and thus could be a bad thing. Edit: If you want to know what the Unlocking Technology Act would do, see http://beta.congress.gov/bill/113th/house-bill/1892/text http://beta.congress.gov/bill/113th/house-bill/1892/text, it's pretty short.
  - gergles 13y ago
    Oh, sorry, I thought this was the Unlocking Technology Act. All clear now, and agreed, it would make more sense to let that go than merely the proposed unlocking exception.
  - pessimizer 13y ago
    That seems to be the same POV that the Librarian took in not renewing the exemption (link from elsewhere in thread): http://www.eweek.com/mobile/fcc-suggests-congress-create-a-bill-to-make-cell-phone-unlocking-legal/ http://www.eweek.com/mobile/fcc-suggests-congress-create-a-b...
- fleitz 13y ago
  It's pure political framing. If the DMCA can be construed as preventing unlocking, then you can build a political coalition to repeal that part of the DMCA. If cell phones are not locked then there is no political motive and when you go on TV as someone who is against that portion of the DMCA you're framed as a Blu-ray thief. If you can reframe it around cellphone unlocking then you're a hero. Cellphones are viewed as a very personal device and long term contracts / locked phones are viewed as a restriction on freedom. If you can make it about freedom then you can get Americans on board.
Steko 13y ago
Requiring hackers relegates it to niche market and means most of the consumer benefits are lost.
chaostheory 13y ago
I can't help but think if there's another catch. I know phone number portability probably helps them track us better.
JulianMorrison 13y ago
Obama's consistent meta-policy has been: push the smallest change that will pass. If he figures he can get unlocking without having to fight Disney, he'll do it.
gavinlynch 13y ago
1) Do you really, honestly think repeat of DMCA anticircumvention is going to happen? I find this highly, highly, highly unlikely. 2) Because of #1: Don't let the perfect become the enemy of the good. This is a good interim solution.
- saurik 13y ago
  I argue that the issue is that now the "anti-DMCA" crowd and issue that had been built up looks "satisfied" when Congress comes to look at that issue, as there is a more effective solution at hand to what had been placed at the core of their debate. It isn't that comex is saying "damn, rather wouldn't have this FCC rule, as the rule itself might be negative" but more "damn, the end result of this entire fiasco might be negative".
saurik 13y ago
FWIW, I had been trying to get the FixTheDMCA people in the backend (my name is on their site) to realize this would happen since before they even started (as you maybe also know, but you might not have seen my numerous rants on IRC as maybe you weren't online at the time or were on other channels).

by comex 13y ago

gergles 13y ago

The anticircumvention requirement is one of the worst parts of the DMCA. If that was repealed as a result of this, I'd be thrilled. Can you elaborate on how this eviscerates anticircumvention?

comex 13y ago
What my comment says is that this (the NTIA recommendation that is the subject of the article) might obviate part of the impetus for a pre-existing initiative (http://fixthedmca.org/unlocking-technology-act.html http://fixthedmca.org/unlocking-technology-act.html) that would essentially repeal anticircumvention, and thus could be a bad thing. Edit: If you want to know what the Unlocking Technology Act would do, see http://beta.congress.gov/bill/113th/house-bill/1892/text http://beta.congress.gov/bill/113th/house-bill/1892/text, it's pretty short.
- gergles 13y ago
  Oh, sorry, I thought this was the Unlocking Technology Act. All clear now, and agreed, it would make more sense to let that go than merely the proposed unlocking exception.
- pessimizer 13y ago
  That seems to be the same POV that the Librarian took in not renewing the exemption (link from elsewhere in thread): http://www.eweek.com/mobile/fcc-suggests-congress-create-a-bill-to-make-cell-phone-unlocking-legal/ http://www.eweek.com/mobile/fcc-suggests-congress-create-a-b...
fleitz 13y ago
It's pure political framing. If the DMCA can be construed as preventing unlocking, then you can build a political coalition to repeal that part of the DMCA. If cell phones are not locked then there is no political motive and when you go on TV as someone who is against that portion of the DMCA you're framed as a Blu-ray thief. If you can reframe it around cellphone unlocking then you're a hero. Cellphones are viewed as a very personal device and long term contracts / locked phones are viewed as a restriction on freedom. If you can make it about freedom then you can get Americans on board.

Steko 13y ago

Requiring hackers relegates it to niche market and means most of the consumer benefits are lost.

chaostheory 13y ago

I can't help but think if there's another catch. I know phone number portability probably helps them track us better.

JulianMorrison 13y ago

Obama's consistent meta-policy has been: push the smallest change that will pass. If he figures he can get unlocking without having to fight Disney, he'll do it.

gavinlynch 13y ago

1) Do you really, honestly think repeat of DMCA anticircumvention is going to happen? I find this highly, highly, highly unlikely. 2) Because of #1: Don't let the perfect become the enemy of the good. This is a good interim solution.

saurik 13y ago
I argue that the issue is that now the "anti-DMCA" crowd and issue that had been built up looks "satisfied" when Congress comes to look at that issue, as there is a more effective solution at hand to what had been placed at the core of their debate. It isn't that comex is saying "damn, rather wouldn't have this FCC rule, as the rule itself might be negative" but more "damn, the end result of this entire fiasco might be negative".

saurik 13y ago

FWIW, I had been trying to get the FixTheDMCA people in the backend (my name is on their site) to realize this would happen since before they even started (as you maybe also know, but you might not have seen my numerous rants on IRC as maybe you weren't online at the time or were on other channels).