Unlocking Cell Phones (H.R. 1123)

What is H.R. 1123?

(Updated January 31, 2017)

Would permit cell phone customers to unlock their devices for use on competitors' networks. From 2006 to 2012, cell phone unlocking was legal due to a Library of Congress exemption under the DMCA, or Digital Millennium Copyright Act. In January 2013, cell phone unlocking officially became illegal again According to Digital Trends, "customers who wished to unlock their device would have to receive permission from their wireless service provider to avoid breaking the law. Unlocking without carrier permission potentially carried hefty fines--up to $2,500 per illegally unlocked device." The bill includes a prohibition against bulk unlocking of devices for the purpose of resale--a point of conflict for some consumer watchdog groups. 

Argument in favor

Gives more power to the consumer. Unlocking allows for re-use, and re-use means less e-waste.

Argument opposed

Could potentially limit future unlocking efforts via the prohibition of bulk unlocking of devices.

Impact

Would affect cell phone carriers and their customers.

Cost of H.R. 1123

The CBO estimates that implementing H.R. 1123 would have no significant effect on discretionary spending over the 2014-2018 period.

Additional Info

Media:

C-NET

Electronic Frontier Foundation: Opposition Statement

InfoJustice: The Cell Phone Unblocking Saga

ThinkProgress: How Banning Companies Unlocking Cell Phones Hurts the Poor

Of Note:

-One of the chief, competing pieces of legislation being considered by the House is the Unlocking Technology Act of 2013. 

-The Senate equivalent of this bill is s517.