“I applaud Members of Congress for passing the Unlocking Consumer Choice and Wireless Competition Act. Last year, in response to a “We the People” petition from consumers across our country, my Administration called for allowing Americans to use their phones or mobile devices on any network they choose. We laid out steps the FCC, industry, and Congress should take to ensure copyright law does not undermine wireless competition, and worked with wireless carriers to reach a voluntary agreement that helps restore this basic consumer freedom. The bill Congress passed today is another step toward giving ordinary Americans more flexibility and choice, so that they can find a cell phone carrier that meets their needs and their budget. I commend Chairmen Leahy and Goodlatte, and Ranking Members Grassley and Conyers for their leadership on this important consumer issue and look forward to signing this bill into law.”–President Barack Obama, July 25
Unlocking Consumer Choice and Wireless Competition Act – Repeals a Library of Congress (LOC) rulemaking determination, made upon the recommendation of the Register of Copyrights, regarding the circumvention of technological measures controlling access to copyrighted software on wireless telephone handsets (mobile telephones) for the purpose of connecting to different wireless telecommunications networks (a practice commonly referred to as “unlocking” such devices). Reestablishes, as an exemption to provisions of the Digital Millennium Copyright Act (DMCA) prohibiting such circumvention, a previous LOC rule permitting the use of computer programs, in the form of firmware or software, that enable used wireless telephone handsets to connect to a wireless telecommunications network, when circumvention is initiated by the owner of the copy of such computer program solely to connect to such a network and access to the network is authorized by the network operator, thus permitting unlocked phones.
Directs the Librarian of Congress, upon the recommendation of the Register, to determine whether to extend such exemption to include any other category of wireless devices in addition to wireless telephone handsets (e.g., tablets and other mobile broadband-enabled devices).
Allows such circumvention (unlocking) to be initiated by the owner of such a device, by another person at the direction of the owner, or by a provider of a commercial mobile radio service or a commercial mobile data service at the direction of such owner or other person, solely in order to enable such owner or a family member of such owner to connect to a wireless telecommunications network, when such connection is authorized by the operator of such network. Prohibits such owner-directed unlocking from being construed to: (1) permit the unlocking of devices for the purpose of bulk resale, or (2) authorize the Librarian to authorize circumvention for such purpose.
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