Responding to more than 114,000 Americans who signed an Internet petition at the White House website, the Obama administration has stated its support for federal legislation to reverse an agency decision that made it illegal for consumers to unlock their cell phones. Senator Amy Klobuchar (D-Minnesota) has introduced a bill—the Wireless Consumer Choice Act—allowing consumers to unlock their cell phones without carrier permission. Unlocking allows a cell phone to be used on the network of more than one carrier, which means a cell phone owner can switch carriers or use a U.S. phone abroad.

“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,” wrote White House aide R. David Eldelman. “Consumers should have flexibility and choice when it comes to their wireless service and they deserve to keep and use cell phones they have already purchased,” Klobuchar said in a statement.

The issue arose in October 2012 when the Library of Congress Copyright Office, using its authority under the Digital Millennium Copyright Act (DMCA), decided that unlocking a cell phone violates DMCA, which makes it illegal to “circumvent a technological measure that effectively controls access” to copyrighted material, in cell phones the software that controls carrier access. The Copyright Office had previously exempted cell phones from the rule, but determined that the wide availability of unlocked phones meant an exemption was no longer warranted.

Because the Library of Congress is not an Executive Branch agency, but instead is part of Congress, the President lacks the power to order a change in policy.

Consumers fought back, however, angry that wireless carriers were given all the power over unlocking cell phones, even those purchased at full price. Responding to the argument that most carriers currently give permission to unlock readily, consumer advocates point out there’s no guarantee those policies won’t become more restrictive in the future.

-Matt Bewig

To Learn More:

White House, FCC Chairman Support Legalizing Unlocking of Mobile Phones (by David Kravets, Wired)

F.C.C. Backs Consumers in Unlocking of Cellphones (by Edward Wyatt, New York Times)

Phone Unlocking Bill Unveiled as Group Takes Aim at DMCA (by Chloe Albanesius, PC Magazine)

AT&T’s Response to the Cell Phone Unlocking Controversy Insults Users (by Jared Newman, Time)

It’s Time to Legalize Cell Phone Unlocking (by R. David Edelman, The White House)