White House petition to legalize unlocking cell phones reaches 100,000 signatures, White House must now respond

A White House petition to make unlocking cell phones legal again, has breached the threshold of 100,000 signatures, which now obligates the White House to respond.

Unlocking cell phones was previously exempted under the 1998 Digital Millennium Copyright Act (DMCA), but the Librarian of Congress criminalized the unlocking of new cell phones last month. Thousands of people were upset about the Librarian’s decision, and were mad enough to issue a petition reaching the highest levels of the United States government.

The petition reads:

“As of January 26, consumers will no longer be able unlock their phones for use on a different network without carrier permission, even after their contract has expired. Consumers will be forced to pay exorbitant roaming fees to make calls while traveling abroad. It reduces consumer choice, and decreases the resale value of devices that consumers have paid for in full… We ask that the White House ask the Librarian of Congress to rescind this decision, and failing that, champion a bill that makes unlocking permanently legal.”


People frequently unlocked cell phones to use on different carriers’ networks, but now anyone caught unlocking a phone could spend up to five years in prison and be fined up to $500,000.

Sina Khanifar started the petition in late January, because he believes, “the consequences of this are fewer choices and increased restrictions to freedoms we currently take for granted.”

This is a personal issue to Khanfiar, because in 2005, he received a cease and desist letter from Motorola for unlocking Motorola phones because it was violating the DCMA.

Khanifar had started a business unlocking phones after his American phone wouldn’t work at his UK university. The business is still run by Khanifar’s brother who may have to shut its doors now that unlocking phones is illegal again, Khanifar told RAP.

After Khanifar created the petition, he started working with Derek Khanna, a former Republican Study Committee staffer who was fired last month after posting a memo criticizing the current copyright laws.

“I’m interested in ensuring that our laws foster the most competition,” Khanna told RAP. “This is a clear example of crony capitalism. It’s more than just the unlocking issue.”

Khanna says that restoring the DCMA exception is just one way to make unlocking phones legal again. “Congress needs to act affirmatively to pass a law, to say breaking into your own phone is a lawful activity.”

Khanifar says they already have the support of Oregon Congressman Peter DeFazio and are hoping the White House also “agrees that unlocking your phone should be allowed.”

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