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<pubDate>Mon, 4 Mar 2013 10:46:39 PST</pubDate>
<title>White House Says Mobile Phone Unlocking Should Be Legal</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/blog/wireless/articles/20130304/10334222192/white-house-says-mobile-phone-unlocking-should-be-legal.shtml</link>
<guid>http://www.techdirt.com/blog/wireless/articles/20130304/10334222192/white-house-says-mobile-phone-unlocking-should-be-legal.shtml</guid>
<description><![CDATA[ Well, that was amazingly fast.  The White House has already responded to the petition concerning unlocking mobile phones, and said <a href="https://petitions.whitehouse.gov/response/its-time-legalize-cell-phone-unlocking" target="_blank">that mobile phone unlocking should be legal</a>.  If you don't remember, the Librarian of Congress (who technically is a part of the executive branch, working for the President) decided to remove the DMCA exemption for mobile phone unlocking, turning it into a <a href="http://www.techdirt.com/blog/wireless/articles/20130128/02192521803/how-unlocking-your-phone-may-now-be-crime-500000-fines-5-years-prison-first-offense.shtml">possible copyright infringement</a> risk.  There was plenty of outrage, which led to a White House petition getting the <a href="http://www.techdirt.com/blog/wireless/articles/20130221/08043522057/white-house-petition-concerning-legality-unlocking-phones-passes-magic-100000-mark.shtml">necessary 100,000 votes</a>.
<br /><br />
The White House has quickly sided with the petitioners:
<blockquote><i>
The White House agrees with the 114,000+ of you who believe that consumers should be able to unlock their cell phones without risking criminal or other penalties. In fact, we believe the same principle should also apply to tablets, which are increasingly similar to smart phones. And if you have paid for your mobile device, and aren't bound by a service agreement or other obligation, you should be able to use it on another network. It's common sense, crucial for protecting consumer choice, and important for ensuring we continue to have the vibrant, competitive wireless market that delivers innovative products and solid service to meet consumers' needs.
<br /><br />
This is particularly important for secondhand or other mobile devices that you might buy or receive as a gift, and want to activate on the wireless network that meets your needs -- even if it isn't the one on which the device was first activated. All consumers deserve that flexibility.
</i></blockquote>
The White House's response also points to the initial filing done by the Commerce Department's National Telecommunications and Information Administration (NTIA), which had actually filed in support of <i>keeping</i> the exemption for mobile phone unlocking during the triennial review process.  Unfortunately, the Librarian of Congress decided not to follow that recommendation.
<br /><br />
So, now what?  The White House seems open to having Congress fix the problem, but also seems to think that the FCC may be able to fix it as well, which is probably why the FCC started claiming it would <a href="http://www.techdirt.com/articles/20130301/03071922170/fcc-might-investigate-whether-not-ban-cell-phone-unlocking-should-have-been-allowed.shtml">investigate</a> the situation last week.
<blockquote><i>
The Obama Administration would support a range of approaches to addressing this issue, including narrow legislative fixes in the telecommunications space that make it clear: neither criminal law nor technological locks should prevent consumers from switching carriers when they are no longer bound by a service agreement or other obligation.
<br /><br />
We also believe the Federal Communications Commission (FCC), with its responsibility for promoting mobile competition and innovation, has an important role to play here. FCC Chairman Genachowski today <a href="http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-319250A1.pdf " class="no-follow">voiced his concern about mobile phone unlocking (.pdf)</a>, and to complement his efforts, NTIA will be formally engaging with the FCC as it addresses this urgent issue.
<br /><br />
Finally, we would encourage mobile providers to consider what steps they as businesses can take to ensure that their customers can fully reap the benefits and features they expect when purchasing their devices.
</i></blockquote>
This is definitely a victory for those of us who are against the overreach on copyright, though there is still a ways to go.  We haven't actually seen the problem get fixed yet, just that the White House is supporting fixing the issue.
<br /><br />
Separately, it's a bit disappointing that the White House focused on <i>narrowly</i> targeting just this particular problem, rather than recognizing that this is just a symptom of the broken DMCA anti-circumvention setup.  A truly bold statement would have been to go even further and recognize that the law itself is broken.  Passing a "narrow legislative fix in the telecommunications space" just duct tapes on a way to attack this particular symptom of the broken system, but does nothing to attack the disease at the root of it.
<br /><br />
Derek Khanna, who helped lead the charge on this petition and has rallied support behind this issue, says that this is a success that should be celebrated.  In a statement to Techdirt, he noted:
<blockquote><i>
This is terrific news. It shows the power of the people to affirmatively act to fix policy rather than just stop bad policy.  We the people have this power when we come together to fight for positive, common-sense solutions. This is a major affirmative victory for the digital generation that stood up against censorship of the internet through SOPA a year ago. The work of this movement is not done, now Congress must follow through -- and it will require continued activism and engagement from average people who made this possible.
<br /><br />
A free society should not require its citizens to petition their government every three years to allow access to technologies that are ordinary and commonplace. Innovation cannot depend upon a permission-based rulemakings requiring approval every three years from an unelected bureaucrat.  A free society should not ban technologies unless there is a truly overwhelming and compelling governmental interest
</i></blockquote>
I agree that this is a "narrow" victory, but again I worry about the White House just looking to duct tape up a solution to this one issue, rather than looking at what caused this problem in the first place.<br /><br /><a href="http://www.techdirt.com/blog/wireless/articles/20130304/10334222192/white-house-says-mobile-phone-unlocking-should-be-legal.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20130304/10334222192/white-house-says-mobile-phone-unlocking-should-be-legal.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20130304/10334222192/white-house-says-mobile-phone-unlocking-should-be-legal.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>so-now-what</slash:department>
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<pubDate>Wed, 14 Mar 2012 04:13:13 PDT</pubDate>
<title>ICANN's Sense Of Entitlement Takes Over; Shocked It Lost Its Bid To Retain IANA</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120312/12074118080/icanns-sense-entitlement-takes-over-shocked-it-lost-its-bid-to-retain-iana.shtml</link>
<guid>http://www.techdirt.com/articles/20120312/12074118080/icanns-sense-entitlement-takes-over-shocked-it-lost-its-bid-to-retain-iana.shtml</guid>
<description><![CDATA[ Via <a href="https://plus.google.com/u/0/114753028665775786510/posts/7njaU3xhWXE" target="_blank">Lauren Weinstein</a>, we find out that ICANN has effectively <a href="http://news.dot-nxt.com/2012/03/10/icann-no-idea-icann-rejection" target="_blank">lost its bid to retain control over IANA functions</a>, though the fact that everyone else sucks too means it gets to hang on for at least six more months.  In the meantime, though, it appears the whole thing took an always out-of-touch ICANN by surprise:
<blockquote><i>
In a worrying turn of events, it appears that ICANN had no idea about
the rejection of its bid for long-term running of the IANA contract
prior to an announcement being posted on the NTIA's website today.
<br /><br />
The organization - which has run the IANA functions for over a decade
- is also waiting to hear why the US government feels it has failed to
meet the RFP criteria that defined a new, more open approach to the
contract. 
<br /><br />
In a series of sudden and unexpected announcements earlier
today, the NTIA first <a href="http://news.dot-nxt.com/2012/03/10/iana-rfp-cancelled" target="_blank">announced</a> it was canceling the entire rebid
process for IANA, then that it was canceling it because no one had met
its criteria, and then that it was <a href="http://news.dot-nxt.com/2012/03/10/ntia-iana-update" target="_blank">extending</a> ICANN's IANA contract for
six months to give it time to re-run the RFP process.
</i></blockquote>
IANA is the part that manages the authoritative root servers and important things like IP address allocations.  ICANN has run that (along with its core functionality of overseeing DNS) basically since all of this was set up when lots of people realized that perhaps relying on <a href="http://en.wikipedia.org/wiki/Jon_Postel" target="_blank">one guy</a> (as brilliant as he was) to manage the entire internet wasn't the best solution.  The fact that ICANN didn't breeze through the IANA RFP is an interesting result, and as Lauren Weinstein notes, it's as if ICANN has taken on quite an entitlement viewpoint:
<blockquote><i>
In my view, ICANN's behavior of late regarding the NTIA has been
something like the Wall Street firms vs. their ersatz regulators -- a
sense of entitlement and "we're too important to be replaced" plowing
forward with the domain-industrial complex's "get rich quick" agenda,
with only lip-service being paid to NTIA. As I said earlier today, I
would expect ICANN to find a way to come into "technical" compliance
for now. But I still also feel very strongly that we need a
purpose-built replacement for ICANN that will not carry its ever
increasing political and "domainer" baggage. Not the UN. Not the
ITU. But a new international forum that cares about all the
Internet's users, not mainly the monied domain exploitation interests
at the top of the DNS food chain.
</i></blockquote>
If only there were real efforts being made to move in that direction...<br /><br /><a href="http://www.techdirt.com/articles/20120312/12074118080/icanns-sense-entitlement-takes-over-shocked-it-lost-its-bid-to-retain-iana.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120312/12074118080/icanns-sense-entitlement-takes-over-shocked-it-lost-its-bid-to-retain-iana.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120312/12074118080/icanns-sense-entitlement-takes-over-shocked-it-lost-its-bid-to-retain-iana.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>oops</slash:department>
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