Rep Lofgren: Cellphone unlocking should never be a crime

Legislation backed by the wireless industry that would allow consumers to “unlock” their cellphones doesn’t go far enough to remove the threat of criminal penalties, Rep. Zoe Lofgren (D-CA) said.

“It’s not our job to say how the market works. Once someone buys something, they should own it. Once someone signs a contract, you can sue them, you can charge them a fee. I don’t think using criminal law to enforce the contract is appropriate,” Rep Lofgren (D-CA) said at a hearing of the House Judiciary Committee. House Judiciary Chairman Bob Goodlatte (R-VA) has introduced legislation that would give consumers the right to keep using their cellphones after a contract ends. The bill would overturn a Library of Congress decision that made it illegal to unlock phones purchased after Jan. 26. Rep Lofgren has introduced a rival bill to Goodlatte’s that would allow consumers to unlock their phones, tablets and mobile devices without facing criminal penalties or fines. H.R. 1892, “The Unlocking Technology Act of 2013,” would modify parts of the Digital Millennium Copyright Act that ban “circumvention” of copyrighted works — which includes unlocking a cellphone. Lofgren’s bill would permanently allow consumers to unlock their phones, as well as legalize third-party applications or tools that enable unlocking.

Advocacy groups such as Consumer Union and Public Knowledge have called Goodlatte’s bill a “temporary fix” and are pushing for Lofgren’s alternative.