Unlock your smart phone? Up to 10 years in prison, 500,000$ fine.

This is now the law of the land:

ADVISORY
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BY DECREE OF THE LIBRARIAN OF CONGRESS

IT SHALL HENCEFORCE BE ORDERED THAT AMERICANS SHALL NOT UNLOCK THEIR OWN SMARTPHONES.
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PENALTY: In some situations, first time offenders may be fined up to $500,000, imprisoned for five years, or both. For repeat offenders, the maximum penalty increases to a fine of $1,000,000, imprisonment for up to ten years, or both.
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That's right, starting this weekend it is illegal to unlock new phones to make them available on other carriers.

I have deep sympathy for any individual who happens to get jail time for this offense. I am sure that other offenders would not take kindly to smartphone un-lockers.

But seriously: It's embarrassing and unacceptable that we are at the mercy of prosecutorial and judicial discretion** to avoid the implementation of draconian laws that could implicate average Americans in a crime subject to up to a $500,000 fine and up to five years in prison.

If people see this and respond, well no one is really going to get those types of penalties, my response is: Why is that acceptable? While people's worst fears may be a bit unfounded, why do we accept a system where we allow such discretionary authority? If you or your child were arrested for this, would it comfort you to know that the prosecutor and judge could technically throw the book at you? Would you relax assuming that they probably wouldn't make an example out of you or your kid? When as a society did we learn to accept the federal government having such Orwellian power? And is this the same country that used jury nullification against laws that it found to be unjust as an additional check upon excessive government power? [The only silver lining is that realistically it's more likely that violators would be subject to civil liability under Section 1203 of the DMCA, instead of the fine and jail penalties, but this is still unacceptable (but anyone who accepts payments to help others unlock their phones would clearly be subject to the fine of up to $500,000 and up to five years in jail).

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Vylo said:

This is what happens when corporations rule your country and buy your politicians.

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Vylo said:

This is what happens when corporations rule your country and buy your politicians.

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pgp_protector said:

You can still unlock your phone Legally, you just need your carriers permission.
If you really feel it's your right to do it without your carriers permission, go for it, and fight it in court (that's what they're their for).

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DrkSdBls said:

Like to see them try to enforce this. As long as you bought your phone and it's no longer under contract, they really can't say anything against you.

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And even if they could, what are they going to do? Do random Cell phone checks to determine whether or not your phone is Locked?

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It's like downloading Music: As long as you don't Brag about it, they can't really know whether or not you do it.

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DaisyDay said:

This law says otherwise.

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A few scare stories, well publicized, will cause a lot of people to tow the line.

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DrkSdBls said:

Doesn't matter what it says now. It won't stay that way. Mark my words.

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First, the good news. The legal shield for jailbreaking and rooting your phone remains up - it'll protect us at least through 2015. The shield for unlocking your phone is down, but carriers probably aren't going to start suing customers en masse, RIAA-style. And the Copyright Office's decision, contrary to what some sensational headlines have said, doesn't necessarily make unlocking illegal.

...wireless carriers, or even federal prosecutors, will be emboldened to sue not individuals, but rather businesses that unlock and resell phones. If a court rules in favor of the carriers, penalties can be stiff - up to $2,500 per unlocked phone in a civil suit, and $500,000 or five years in prison in a criminal case where the unlocking is done for "commercial advantage."

Unlocking is in a legal grey area under the DMCA. The law was supposed to protect creative works, but it's often been misused by electronics makers to block competition and kill markets for used goods. The courts have pushed back, ruling that the DMCA doesn't protect digital locks that keep digital devices from talking to each other when creative work isn't involved. And no creative work is involved here: Wireless carriers aren't worried about "piracy" of the software on their phones, they're worried about people reselling subsidized phones at a profit. So if the matter ever reached a court, it might well decide that the DMCA does not forbid unlocking a phone.

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Lilly Owl said:

More laws designed to incarcerate more people into a system wherein it exists as proof to the world that this free country 'boasts' the most incarcerated population of all the world.

"Prison Planet" comes to mind. Not the website. The future of America if it keeps up.

With sexually active gay married wardens and the American flag bearing rainbows in it's field, while inverted pentagrams replace it's stars. With laws that repeal any church or synagogue from displaying 'religious iconography' at all on those properties they still pay State property tax for. As the religious citizens are instructed to hide their faithful identity that would be displayed in head wear, jewelery, or a vocal profession so as not to offend those unaffiliated. Where private religious organizations are commanded to set aside morality else be fined. So that Satan himself could apply for membership and gain victory in any court if he were to sue because he was rebuffed.

As a Justice would say on the record in being the deciding vote in that award; we must be tolerant of those who are not like us.

While open borders, and outlawed morality designate a once great and mighty country is now apathetic, slack, immoral and damned. As is made evident when the Pledge of Allegiance is edited so as to state; We pledge allegiance to the universal banner and the United front and to the community for which it stands. One property swathed in tolerance with inclusiveness and room for all. Ahshucks!

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DrkSdBls said:

And even if they could, what are they going to do? Do random Cell phone checks to determine whether or not your phone is Locked?

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It's like downloading Music: As long as you don't Brag about it, they can't really know whether or not you do it.

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