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Americans Shall Not Unlock Their Own Smartphones

The Library of Congress decided the software on a phone is only licensed to the end user, meaning they don't own it, so therefore the software is not covered by fair-use rules.

Congress passed the Digital Millennium Copyright Act in 1998, making it illegal to access copyrighted content and break digital rights management technologies. The software that locks a smartphone to one carrier is covered by the act, and unlocking a phone is the process of freeing a device so that it can be used with a different wireless carrier.

The Library of Congress has the ability to grant exemptions to the Digital Millennium Copyright Act, which it has done in the past for smartphone users who wished to unlock their phones. That changed with the most recent group of exemptions that went into effect October 28, but the switch included a 90-day grace period that ends Saturday.

Smartphones purchased after Saturday can't be legally unlocked without permission from the carrier. The new policy only applies to new locked phones purchased after Saturday, meaning it will still be legal to unlock phones purchased before January 26 without permission.


One way to get around the requirement is to buy a full-priced unlocked phone that doesn't have a contract, but doing so adds hundreds of dollars to the phone's price tag.

Carriers subsidize the costs of smartphones to draw new customers in with contracts, usually for two years, and then make back the money from monthly voice and data bills.