Representative Zoe Lofgren from California has proposed a new bill that would amend the Digital Millennium Copyright Act in a way that would make it legal to unlock devices such as cell phones.
The “Unlocking Technology Act of 2013” (PDF) would amend Section 1201 Title 17 of the DMCA, which currently says that it is a violation of copyright law for a device to be unlocked by its owner. Specifically, Rep. Lofgren proposes to add the statement: “It shall not be a violation of this section to circumvent a technological measure in connection with a work protected under this title if the purpose of such circumvention is to engage in a use that is not an infringement of copyright under this title” to the first paragraph of the DMCA. This and other proposed alterations to the DMCA would, in effect, let owners unlock their devices as long as the intent is not to infringe on the copyright, as well as legalize third-party unlocking tools and services. It specifically changes copyright law so that unlocking cell phones would no longer be illegal.
The bill was sent to the House of Representatives on Thursday. It has been illegal to unlock cell phones since January of this year, when an exception granted by the Library of Congress with respect to device unlocking expired.
