For some mobile phone users, having the phone itself gives them the satisfaction they want.  Others however don’t think otherwise as they prefer unlocking their handsets in order to maximize or optimize its use.  This is where the issue of unlocking comes in as it is creating fuzz in the digital word.

Before dwelling into details, unlocking mobile phones was seen as legal as this was included in the exemption of the Digital Millennium Copyright Act or DMCA and this covered the period 2007 up to January of this year.  Don’t get it wrong but the DMCA was primarily formulated in order to halt or prevent consumers from breaking the so-called copyright holders’ restrictions on protected content.

Just two months ago, Uncle Sam made unlocking handsets illegal as the Library of Congress made modifications on the DMCA, particularly deciding to be against the re-inclusion of unlocking to its list of exemptions which the Library authorizes every three (3) years.  Parties who eye exemption of their technology or practice actually have to lobby to DMCA every three (3) years which is a very tedious task.  With the modification, it now allows the purchase of unlocked phones at full price but prevents consumers form unlocking the mobile devices by themselves.  It is a known fact that unlocked handsets tend to cost more compared to those that are tied up with carrier services.  Said changes now direct consumers to seek their carriers permission if they are to be allowed in unlocking their handsets.

With the issue, the Federal Communications Commission (FCC) was reached.  According to the FCC’s chairman, Julius Genachowski, their body would look at the issue at hand and determine whether they will eventually allow consumers to use unlocked phones.  An investigation may probably be done to also know whether it is illegal for consumers to have their mobile phones unlocked.  Mr. Genachowski pointed out that the ban to unlocking would heighten competition as well as innovation.

With unlocking being illegal, two (2) passionate advocates – Khanifar and Khanna – have voiced out to legalize it.  For Khanifar, unlocking is deemed to be a matter of greater consumer choice.  On the other hand, Khanna’s arguments mostly dwell on property rights, competition and innovation.  Both of their ideas have appealed to both spectrums of society which are the Liberals and conservatives.  It may be interesting to see where their move to bring back the legality of unlocking would take them.

(via)