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The Most Ridiculous Law of 2013 (So Far): It Is Now a Crime to Unlock Your Smartphone
The Atlantic.com ^ | January 27, 2013 | Derek Khanna

Posted on 01/28/2013 2:11:59 PM PST by Kaslin

When did we decide that we wanted a law that could make unlocking your smartphone a criminal offense? The answer is that we never really decided.

ADVISORY

BY DECREE OF THE LIBRARIAN OF CONGRESS

IT SHALL HENCEFORCE BE ORDERED THAT AMERICANS SHALL NOT UNLOCK THEIR OWN SMARTPHONES.

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.*

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.

(Excerpt) Read more at theatlantic.com ...


TOPICS: Business/Economy; Culture/Society; Front Page News; Government
KEYWORDS: digitalmilleniumact; dmca; fascism; policestate; revenuetickets; smartphoneplease
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To: pjoseph

Perhaps unlocking would allow uses beyond current locked abilities...abilities that put Americans at risk, the National Security kind? Just a thought.


41 posted on 01/28/2013 4:19:50 PM PST by Golfinsocal
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To: Wurlitzer
Uh right off the bat does not the potential sentence violate Cruel and unusual punishment?

Yeah, but you've still got to go to court.

This law is like penalizing you for not using "genuine Ford parts" on your F-150.

42 posted on 01/28/2013 4:50:50 PM PST by BfloGuy (Money, like chocolate on a hot oven, was melting in the pockets of the people.)
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To: Golfinsocal
As I read this, unlocking a phone allows one to use a sim card from another carrier (T-mobile and Net10 are 2 that advertise "bring your phone"). Their service is much cheaper than the major carriers.

As far as I can figure, you can still buy an UNLOCKED phone and buy a sim card from one of the pay as you go carriers (no contract). You will pay more for the phone upfront but save on monthly charges for the life of the phone.

43 posted on 01/28/2013 4:57:38 PM PST by Abby4116
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Article that answers a lot of questions:

http://www.digitaltrends.com/mobile/unlocking-your-new-smartphone-is-now-illegal-what-you-need-to-know/#ixzz2JJRN8MoL


44 posted on 01/28/2013 5:27:49 PM PST by D-fendr (Deus non alligatur sacramentis sed nos alligamur.)
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To: XenaLee
"Could someone explain this to me?"

Big Media wants to total control of all media and the hardware that is used to consume it.

Bottom line is they want you to have no ownership rights because then you can't resell their products which means that there will be no secondary or used market. Which means that every person will have to buy new and that makes Big Media tons more cash!

Bruce Willis is currently in a lawsuit against Apple (I believe) over his vast collection of Digital Music and Movies he has purchased. (Apparently its tens of thousands of dollars worth of media)He found out the way the laws are set up now he cannot bequeath via a last will any of this media to his children/survivors. If BIG Media gets its way you won't be able to leave any of your electronics to anyone in your will either.

45 posted on 01/28/2013 5:47:58 PM PST by Mad Dawgg (If you're going to deny my 1st Amendment rights then I must proceed to the 2nd one...)
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To: unixfox

Illegal aliens are permitted to cross our borders and demand satisfaction. Tax paying citizens must fork over $$$ to the corporate bedbuddies of Obama. W’unnerful w’unnerful.


46 posted on 01/28/2013 9:33:31 PM PST by a fool in paradise (America 2013 - STUCK ON STUPID)
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To: unixfox
Maybe the carriers should think about holding up THEIR end of the contract. Ya know, like providing service that actually works?

WOuldn't that be nice?

Verizon attempted to buy out Alltel here, but the Feds said "No. That would be a monopoly."

The result is that AT&T bought out Alltel, and our accounts were switched over, after being assured they were going to invest heavily in towers, etc. I have over 10,000 rollover minutes with AT&T because the damned phone won't work past the end of the sidewalk, and AND a Verizon account, because the place I need the stinking thing is out in the boonies where I work.

Add in the Feds doing away with the old phones which finally worked, and I have thousands in equipment and bills for services which just don't get the job done. When the contracts run out, I'm done with the SOBs. I can cut my monthly bills in half by using $45 a month unlimited services phones if they work, and I can find out for $100 with no ongoing obligation.

47 posted on 01/29/2013 2:14:18 AM PST by Smokin' Joe (How often God must weep at humans' folly. Stand fast. God knows what He is doing)
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To: Kaslin

Five years in the pen for... unlocking your SmartPhone.

Yet, we hear all this caterwauling about prison overcrowding.


48 posted on 01/29/2013 5:07:09 AM PST by ScottinVA (Gun control: Steady firm grip, target within sights, squeeze the trigger slowly...)
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To: Smokin' Joe

Try Virgin Mobile. No contract and they have some decent phones. I refuse to get any contract for cell phone service. I have been using no contract phones for the last five years.


49 posted on 01/29/2013 5:13:27 AM PST by USAF80
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To: Kaslin

If you buy a phone you have every right to change it in whatever way you want, if i buy a tv i have the right to smash it with a baseball bat because its mine. Yeah this is a absurd law indeed


50 posted on 01/29/2013 5:19:07 AM PST by The Right wing Infidel
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To: Kaslin

This law takes something that should be a matter of private contract and turns it into a criminal law. What is next? If we violate some other provision of our cell phone contract, will we go to jail and be fined?


51 posted on 01/29/2013 6:16:52 AM PST by Opinionated Blowhard ("When the people find they can vote themselves money, that will herald the end of the republic.")
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To: Kaslin

This is a useless tactic because people have been ‘unlocking’ their phones for quite some time. Simple instructions for this are all over the net.


52 posted on 01/29/2013 8:02:20 AM PST by ourworldawry
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To: XenaLee
This law was passed unanimously by a Republican controlled Senate.

So no whining about how this is Obama's doing, OK?

53 posted on 01/29/2013 8:32:02 AM PST by Notary Sojac (Ut veniant omnes)
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To: Kaslin

This is idiotic. There are penalties for breaking contract, you basically pay for the phone that was discounted. What one pays for phone service is so outrageous it’s mind boggling.


54 posted on 01/30/2013 4:49:03 AM PST by visualops (artlife.us)
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To: pjoseph

whoa! ... interesting.


55 posted on 01/31/2013 5:51:55 AM PST by cyn (Benghazi... the TRAVESTY continues)
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To: Notary Sojac
"This law was passed unanimously by a Republican controlled Senate."

CA Bonos and FL's McCollum were sponsors, acc post 39; I'll confirm.

Crazy... and crazy over-the-top consequences.

56 posted on 01/31/2013 5:59:15 AM PST by cyn (Benghazi... the TRAVESTY continues)
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http://www.law.cornell.edu/uscode/text/17/1201 (the code)

17 USC § 1204 preliminary >> 17 USC § 1201 - Circumvention of copyright protection systems ... ?

http://www.law.cornell.edu/uscode/text/17/1204 (penalties)

(a)(2) subsequent (or multiple? used to pile on?) offenses: (2) shall be fined not more than $1,000,000 or imprisoned for not more than 10 years, or both, for any subsequent offense.


57 posted on 01/31/2013 6:19:02 AM PST by cyn (Benghazi... the TRAVESTY continues)
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