March 12, 2013, 3:30 PM — Momentum is growing in the U.S. Congress to overturn a U.S. Library of Congress ruling that took mobile phone unlocking out of the legal exemptions to the Digital Millennium Copyright Act.
Late Monday, a group of senators and representatives, including the chairmen of the Senate Judiciary and the House Judiciary committees, introduced legislation that would temporarily reverse the Library of Congress' decision to remove mobile phone unlocking from the legal exemptions to prosecution under the DMCA.
Among the sponsors of the Unlocking Consumer Choice and Wireless Competition Act are Senator Patrick Leahy, a Vermont Democrat and Senate Judiciary Committee chairman, and Representative Bob Goodlatte, a Virginia Republican and Leahy's House counterpart. The bill is the third introduced to legalize mobile phone unlocking, typically used to switch carriers.
"This straightforward restoring bill is about promoting consumer rights," Leahy said in a statement. "When consumers finish the terms of their contract, they should be able to keep their phones and make their own decision about which wireless provider to use."
The legislation is co-sponsored by several other members of both committees, indicating it is likely to move forward.
Leahy was chief sponsor of the controversial copyright enforcement bill Protect IP Act during the last session of Congress, and Goodlatte was a co-sponsor of the similar Stop Online Piracy Act (SOPA).
Phone unlocking entrepreneur Sina Khanifar, author of a successful WhiteHouse.gov petition objecting to the Library of Congress' decision, said the bill from Leahy and Goodlatte doesn't go far enough, because it would only reverse the decision for three years.
"At best it is a very temporary fix to an ongoing problem," Khanifar said in an email. "In 2015, the librarian of congress will go through the exemption rulemaking process again. The librarian may decide to remove the unlocking exemption again then, causing the whole problem all over again."
The bill doesn't address problems with the process to create exemptions to the DMCA, he added. Consumers need a permanent exemption for phone unlocking, he said. The new bill "falls far short of that," he added.