Slashdot Mirror


White House Petition To Make Unlocking Phones Legal Passes 100,000 Signatures

An anonymous reader writes "A White House petition to make unlocking cell phones legal again has passed the 100,000 signature mark. Passing the milestone means the U.S. government has to issue an official response. On January 26th, unlocking a cell phone that is under contract became illegal in the U.S. Just before that went into effect, a petition was started at whitehouse.gov to have the Librarian of Congress revisit that decision. 'It reduces consumer choice, and decreases the resale value of devices that consumers have paid for in full. The Librarian noted that carriers are offering more unlocked phones at present, but the great majority of phones sold are still locked.'"

74 of 317 comments (clear)

  1. 2nd story about how cell copmanies suck today. by F34nor · · Score: 5, Interesting

    Break them up or replace them with a state run monopoly. Discuss.

    1. Re:2nd story about how cell copmanies suck today. by Anonymous Coward · · Score: 3, Informative

      In Europe don't you buy the phone at retail prices? Why would it be locked at all?

      A minority does so. Standard practice is to buy the phones under a multi-year contract, heavily discounted. Still, in most countries, the buyer can unlock the phone when he wants for a fee that (at least in some of those countries) decays as the phone ages.

    2. Re:2nd story about how cell copmanies suck today. by corbettw · · Score: 4, Insightful

      Because state-run monopolies are famous for low prices, excellent customer service, and being at the forefront of technological advance.

      --
      God invented whiskey so the Irish would not rule the world.
    3. Re:2nd story about how cell copmanies suck today. by guises · · Score: 2

      This is incorrect, it *is* illegal to unlock your phone regardless of contract. This issue is not about breach of contract, it's about a DMCA exemption which has expired.

    4. Re:2nd story about how cell copmanies suck today. by Anonymous Coward · · Score: 2, Insightful

      Cell companies already are what we fear a government ran cell service may become. Once you've hit rock bottom, the only way to go is up. The only companies worse than cell companies are incumbent ISPs. Nothing like paying 5x the price for 1/10th the service and crappy support. I would like to see a government be that bad. Most government waste is of by factors, not magnitudes.

    5. Re:2nd story about how cell copmanies suck today. by keytoe · · Score: 5, Interesting

      Because state-run monopolies are famous for low prices, excellent customer service, and being at the forefront of technological advance.

      My utilities board is a 'state run monopoly' and does a fantastic job of keeping prices low, customer service responsive and is constantly looking at new technical ways to save me even more money. They provide incentives to motivate people to adopt higher efficiency heating and insulation, driving overall demand down and reducing the environmental footprint of the entire community. A private company would have no incentive whatsoever to do any of that.

      I guess I don't see the advantage to having a corrupt corporation not looking out for me over a corrupt government not looking out for me. I can't change the corporation, but I can at least try to change the government. Both options seem to have roughly the same success rate overall, so why not support the one that gives me a voice?

    6. Re:2nd story about how cell copmanies suck today. by minogully · · Score: 2

      Assuming the parent poster is French because of the reference to France, these pluralization mistakes aren't so far fetched for a Francophone. In French, verbs are conjugated to match whether or not the subject is plural. So, he/she has the word "they" so naturally because this is a plural word, to him/her, "suck" should be pluralized to match. They also make a similar mistake later with "laws" and "does".

      Really, these mistakes show good his/her grammar in his/her native tongue.

      You should give him/her a break, because learning a language is already one of the hardest things to do. Adding humiliation to the mix just makes it that much harder.

    7. Re:2nd story about how cell copmanies suck today. by InvisiBill · · Score: 2

      This is incorrect, it *is* illegal to unlock your phone regardless of contract. This issue is not about breach of contract, it's about a DMCA exemption which has expired.

      No, it's illegal to violate the DMCA in "cracking" the protection around the carrier lock in your phone's software. Under the recently-expired exemption, you were allowed to violate the DMCA for the purpose of unlocking your phone (via software hack of the carrier lock). The simple act of unlocking your phone is not illegal, only the act of cracking the software used for the carrier lock; there are other ways to unlock your phone, which are completely unaffected by this DMCA exemption.

    8. Re:2nd story about how cell copmanies suck today. by Solandri · · Score: 4, Interesting

      My opinion is that cellular service, the network/towers, and phones should be mutually exclusive. You buy your own phone, and can activate it on any carrier (supporting similar technology). If the carrier wishes to subsidize phones by giving you a loan for your phone purchase, they can. But you still have to buy the phone elsewhere. That way phone manufacturers compete purely on what their phones can do, regardless of what carrier you end up using it with.

      Likewise, the carriers would ink contracts with companies owning towers in a region to put together their own patchwork nationwide network (your phone already does this - it as a preferred roaming list saying which towers it's allowed to talk to). If they're unhappy with the coverage in a region, they can contract for more towers, or drop contracts for one company's towers in preference for another company's towers. That way people don't feel like they have to choose a specific carrier because they have the best physical tower network. And small startup carriers aren't forced to pay big carriers just to have access to towers.

      Finally the companies operating the towers would be competing with each other for the carriers as customers. If you put together a crappy tower network, the carriers won't contract with you or will negotiate for lower prices. If you put together a good tower network, they will be beating on the door with money in hand.

      The "carrier sells you the phones and owns the towers" was probably a necessary step to get past the chicken and egg stage of no phones and no towers without customers, no customers without phones and towers. But we're beyond that now and need to tweak the market to make it overcome the natural monopolistic tendencies of exclusive phones and towers, so it can operate more efficiently.

  2. We should not need a petition by betterunixthanunix · · Score: 5, Interesting

    Why is the government protecting a business model that is based on selling equipment at a loss?

    --
    Palm trees and 8
    1. Re:We should not need a petition by gstoddart · · Score: 5, Insightful

      Why is the government protecting a business model that is based on selling equipment at a loss?

      In business, it's called a loss leader.

      But don't worry, they'll more than make up for it with the price gouging which takes place over the term of your contract.

      But, really, this comes down to "do I own the phone or does the phone company". If I own it, I should be able to do anything I want with it. If I don't own it, WTF am I doing paying for it?

      Right now companies want to have this mixed model where I pay for it, but they tell me what I can and can't do with it.

      --
      Lost at C:>. Found at C.
    2. Re:We should not need a petition by F34nor · · Score: 5, Insightful

      It is always cheaper to buy a congressman than to be a better business. Telcos are oligopolies; the worst form of business for the consumers. From that basic cluster fuck all other pain flows.

    3. Re:We should not need a petition by drinkypoo · · Score: 2

      In business, it's called a loss leader.

      Yeah, sure, unless the government doesn't like you, then it's called dumping.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    4. Re:We should not need a petition by gstoddart · · Score: 4, Insightful

      Yeah, sure, unless the government doesn't like you, then it's called dumping.

      Yeah, but that's only if you're undercutting your competition.

      Since the carriers are all doing the same thing, it's more like collusion.

      --
      Lost at C:>. Found at C.
    5. Re:We should not need a petition by CanHasDIY · · Score: 4, Insightful

      What this petition is doing is asking the White House to get Congress to repeal a law they passed to make the act illegal.

      Except, this isn't a law Congress passed - it's a mandate from the Librarian of Congress, who is not an elected legislator.

      Hey, maybe that's what we need to make illegal: unelected bureaucrats creating laws by proxy.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    6. Re:We should not need a petition by LateArthurDent · · Score: 4, Insightful

      In business, it's called a loss leader.

      Yeah, sure, unless the government doesn't like you, then it's called dumping.

      It's not that arbitrary. It's only dumping if you're not profiting from it. If I sell a bunch of stuff below cost and lose money in process which can only be recovered by raising my prices back up once my competitor is out of business...that's dumping. If I sell something below cost, but that strategy is causing me to actually profit more because it encourages the customers to buy something else from me, that's a loss leader. In the case of the mobile providers, they're causing you to buy into an overpriced contract. The subsidized phones are completely worth it to them.

      I don't have a problem with the subsidized phone model. I have a problem with the locked phone model. The contract is already keeping the customer with them for an agreed period of time. If they choose to leave earlier, they'd have to pay a contract cancellation fee in which the provider can recoup the cost of the phone subsidy. There's no valid justification for them to have any control over the hardware once I've purchased it.

    7. Re:We should not need a petition by HCase · · Score: 4, Insightful

      This is a good question, this is an unusual situation and people seem somewhat confused as to who has done what.

      It was decided years ago that cell phone unlocking was illegal under the DMCA. But, as part of the DMCA, there are reviews done by the Librarian of Congress that grant temporary DMCA exemptions for certain activities. Previously, one of the exemptions that the Librarian had granted was to allow people to unlock phones. Unfortunately, the exemption was not extended this year, so legality defaults to the DMCA. The DMCA says no unlocking without permission.

      The primary action the petition is for the White House to ask the Librarian review the decision to end the phone unlocking exemption. If this does not work, then the petition asks the White House to push for a bill that would declare unlocking to be legal.

    8. Re:We should not need a petition by es330td · · Score: 2

      But, really, this comes down to "do I own the phone or does the phone company". If I own it, I should be able to do anything I want with it. If I don't own it, WTF am I doing paying for it?

      I don't think this is completely the way to look at it. If a person got a discounted phone in return for signing a contract then it is kind of a joint ownership. It is akin to saying you "own" your house when you owe 80% of the value to a bank. You get full usage of an asset for which you didn't pay in full for by agreeing to pay for the rest over time. If you sell that asset you have to compensate the bank for the rest it is owed. It can be argued that the payments for the subsidy are unreasonable (I think an iPhone ends up costing $2,500 over two years) but if the consumer made a deal then the phone company should get what is due. Once that initial agreement is up, or if a phone is purchased for full price with no subsidy then it *is* owned by the consumer who should be able to take it to whichever carrier they choose.

    9. Re:We should not need a petition by drinkypoo · · Score: 2

      Yeah, but that's only if you're undercutting your competition.

      They directly compete with everyone who sells phones at retail, which is why what they are doing is illegal, not that they will get busted so long as they play ball with the cops and give them all your personal information at the slightest request. The government is one big happy family of corporate malfeasance.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    10. Re:We should not need a petition by fredprado · · Score: 4, Insightful

      But that is covered by the contract itself. If you don`t fulfill the conditions you pay a fine. There is no logic argument to allow carriers to lock the equipment they sold you. In my country, Brazil, for example it is forbidden to sell locked devices.

    11. Re:We should not need a petition by InvisiBill · · Score: 4, Informative

      What this petition is doing is asking the White House to get Congress to repeal a law they passed to make the act illegal.

      Except, this isn't a law Congress passed - it's a mandate from the Librarian of Congress, who is not an elected legislator.

      Hey, maybe that's what we need to make illegal: unelected bureaucrats creating laws by proxy.

      Except, this is a law passed by Congress (the DMCA).

      Passed on October 12, 1998, by a unanimous vote in the United States Senate and signed into law by President Bill Clinton on October 28, 1998, the DMCA amended Title 17 of the United States Code to extend the reach of copyright, while limiting the liability of the providers of on-line services for copyright infringement by their users.

      Per 17 U.S.C. 1201(a)(1), the LoC is in charge of reviewing related items on a regular schedule and deciding if "fair use" exemptions need to be made. One of these exemptions was made in '06 to cover phone unlocking, and was not renewed this time.

      This type of unlocking has been illegal since '98, with an exemption being granted from '06 - '12. It's not that it's suddenly illegal, it's now just no longer not-illegal (again).

  3. Nothing will happen by MickyTheIdiot · · Score: 5, Insightful

    The Obama administration, no matter how many accusations regarding some sort of "Socialism" get lobbed at it, is a *corporatist* White House. It's only slightly less corporatist than the Bush Jr and Clinton admins.

    Nothing will happen. The corporate cheerleaders and know nothings thinks this somehow protects corporations from the great unwashed.

    1. Re:Nothing will happen by gstoddart · · Score: 4, Interesting

      Why did you feel you needed to bring up ending Don't Ask Don't Tell? How is that even a /civil/ right?

      How isn't it?

      They wouldn't kick someone out of the military for being black, brown, yellow, or purple ... for being Catholic or Muslim. But for being homosexual? Buh bye before they repealed DADT.

      One group of people passing a law saying another group of people shouldn't have a right because they say so is definitely a civil rights issue. Especially since the main objection is on religious grounds, since it uses your religion to discriminate against someone else.

      If someone tried to say churches shouldn't be considered charities for tax purposes, there would be a huge amount of whinging their religious freedom is being infringed -- and yet these people are often the first in line to try to limit the rights of others. You should be free to believe what you want, but I don't see why that should give you a tax break for it.

      --
      Lost at C:>. Found at C.
    2. Re:Nothing will happen by drinkypoo · · Score: 2

      If someone tried to say churches shouldn't be considered charities for tax purposes, there would be a huge amount of whinging their religious freedom is being infringed -- and yet these people are often the first in line to try to limit the rights of others. You should be free to believe what you want, but I don't see why that should give you a tax break for it.

      It's not that churches shouldn't be considered charities for tax purposes, it's that they shouldn't automatically be considered charities for tax purposes. If they want to operate as a nonprofit, they should be required to file for nonprofit status like any other business, which could then be granted or denied based on their actual behavior. Treating them like any other business would rectify the government's unconstitutional recognition of specific religions by granting only some belief systems tax-exempt status.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    3. Re:Nothing will happen by Hatta · · Score: 2

      The USA does not recognize, for example, equal protection under the law for homosexuals

      And that's a violation of their civil rights. That the US doesn't recognize it doesn't mean it's not a right, it means that the US is unjust.

      --
      Give me Classic Slashdot or give me death!
    4. Re:Nothing will happen by TheSpoom · · Score: 4, Insightful

      I fully expect to see a response written by the CEO of Verizon.

      --
      It's better to vote for what you want and not get it than to vote for what you don't want and get it.
      - E. Debs
  4. Coming up soon... by spongebue · · Score: 2

    "Why we can't comment on unlocking cell phones"

  5. Option 3 by betterunixthanunix · · Score: 5, Interesting

    Create a new amateur license class, that allows individuals to run 4g networks; encourage cooperatives, meshes, and other citizen-run communications systems. Give the spectrum the carriers have to the people and let us manage our communications without relying on monopolies.

    --
    Palm trees and 8
    1. Re:Option 3 by Type44Q · · Score: 5, Insightful

      Give the spectrum the carriers have to the people

      We already own it - not that that's stopping these sociopathic parasites and their paid liars in Congress from renting it back to us at top dollar...

    2. Re:Option 3 by betterunixthanunix · · Score: 4, Informative

      can't you already do TTY over amateur radio?

      You can get Internet access of amateur radio if you want, there are plenty of people doing digital stuff. Here's the problem: you cannot do any commercial. That means that you cannot even browse Google, since it would transmit advertisements over an amateur band. A secondary issue is that everyone has to be licensed to transmit on amateur bands, and so most people would never be able to use it. Also problematic is the callsign requirement, which would make it much harder to use things like Tor. There are also regulations that make cryptography useless on amateur bands.

      The problems with citizen-run communications are mostly regulatory. There are technical issues, but they pale in comparison to the regulations standing in our way.

      --
      Palm trees and 8
    3. Re:Option 3 by Alien+Being · · Score: 5, Interesting

      I think we need a new reality tv show where, each week, a leading corporate or government scumbag gets dragged into Times Square and bludgeoned by the public at large.

    4. Re:Option 3 by egcagrac0 · · Score: 4, Informative

      That means that you cannot even browse Google, since it would transmit advertisements over an amateur band

      Wouldn't that fall under the "pizza rule"?

      (Background - it used to be fairly strictly enforced that you couldn't order a pizza over an amateur radio-telephone link (patch or autopatch), since that was a commercial transaction. This got clarified in the 1990's (iirc), where you can't operate an amateur station in furtherance of your own business (can't use it to dispatch taxis, for instance), but you can use it to conduct your own occasional personal business (like ordering a pizza for delivery or arranging to trade, sell, or buy personally owned amateur radio gear (but not a radio dealership advertising sales)).

    5. Re:Option 3 by GwCundiff · · Score: 2

      In accordance to FCC regulations, one can not use the portion of the spectrum assigned for Amateur operation for business or for-profit use. I don't believe this would be a valid option, it would have to be set-up in the commercial band portions of the spectrum as it already is. I have recently upgraded to the Extra Class amateur radio (Ham Radio) license, which is the highest class available to Amateur operators, with very intense studying required to pass the test. I can not see the average cell phone owner being willing to undergo the studying and testing to be allowed to use their phone. Another problem would occur with assignment of call signs, the FCC would have to create an entire other callsign system if something like this would be available. It was a good idea though.

    6. Re:Option 3 by jamstar7 · · Score: 2

      Dude, that's gonna have to be Pay-Per-View!!

      Kudos to the late great George Carlin for this idea...

      --
      Understanding the scope of the problem is the first step on the path to true panic.
    7. Re:Option 3 by agiacalone · · Score: 2

      Wouldn't that fall under the "pizza rule"?

      It would, IMHO (being an amateur radio operator). What would violate FCC rules is sending any encrypted traffic over the radio waves, including any HTTPS or SSL traffic, making any transactions online pretty useless or extremely insecure.

      Not only that, but the laws as currently stated only allow RTTY speeds up to 1200 bauds due to bandwidth limitations. Of course, that could be changed with any new laws/specrtum allowance.

    8. Re:Option 3 by agiacalone · · Score: 2

      Ah, yes. You are correct. I believe that I've seen TNCs that will handle 9600 baud data on VHF/UHF frequencies.

  6. My vote counts! by buybuydandavis · · Score: 3, Informative

    Wheeeeee!

  7. You know, you can buy an unlocked phone by crazyjj · · Score: 3, Interesting

    Oh, you want it unlocked AND dirt cheap....Well, pick one.

    --
    What political party do you join when you don't like Bible-thumpers *or* hippies?
    1. Re:You know, you can buy an unlocked phone by betterunixthanunix · · Score: 2
      What I want is this:
      1. I buy a phone
      2. I do whatever I want to it
      3. I tell other people about what I did

      What we have now is this:

      1. You buy a phone
      2. The government steps in and makes sure that the carriers' business model is not threatened by unlocking
      3. Dare to tell others how to unlock, or do it for them? Go directly to jail, the government collects your money.
      --
      Palm trees and 8
    2. Re:You know, you can buy an unlocked phone by ohnocitizen · · Score: 3, Interesting

      When you buy a phone via a contract, over the term of that contract you pay for the discount (and more). Therefore, even if you purchase a locked phone, after the contract is up it would be fair to allow it to be unlocked. In fact, since breaking a contract and switching companies is always accompanied by a large fee, "dirt cheap" never applies. The only situation in which an unlocked phone would be useful as a current customer is travel. And in that case you are still a current customer, so the phone company is still getting their desired value for the phone.

    3. Re:You know, you can buy an unlocked phone by crazyjj · · Score: 4, Insightful

      No, what we have now is:

      You go to buy a phone
      Carrier offers you the unlocked version for $600 or the 2-year contract version for $150
      You buy the $150 model
      For the next two years you bitch and moan because you can't unlock the phone and switch carriers.

      --
      What political party do you join when you don't like Bible-thumpers *or* hippies?
    4. Re:You know, you can buy an unlocked phone by compro01 · · Score: 5, Informative

      Replace "for the next two years" with "for the next infinity years".

      The anti-circumvention provisions of the DMCA makes it illegal to ever unlock the phone without the carrier's permission, regardless of whether the contract is up or not.

      --
      upon the advice of my lawyer, i have no sig at this time
    5. Re:You know, you can buy an unlocked phone by Anubis+IV · · Score: 5, Insightful

      Sure, but just to make sure we're clear on this point, when I sign that two-year contract, I actually bought the phone. I'm required to pay sales tax on the full, unsubsidized price of the phone up front. And if I bought the phone, I should be free to use it how I want. The contract is in place to make sure I don't jump carriers without adequately compensating my current one, and it already suffices. Why we need to add an additional technological roadblock that increases friction between switching carriers is beyond me.

      Actually, no, it's not. What the carriers want is to increase friction so that they can lock you in even after your contract is up, so it's no surprise things are this way. But the government stepped in a few years back to help ensure that phone numbers can be transferred between carriers, and they need to do the same here, ensuring that phones themselves can be transferred between carriers, barring any legitimate technological limitations.

    6. Re:You know, you can buy an unlocked phone by crazyjj · · Score: 4, Informative

      See, we "bitch and moan" because we bought a phone, and then the government told us we are not allowed to do what we want with the phone.

      No, you bought a subsidized phone under a contract. You're free to unlock it as soon as you fulfill that contract, or you're free to buy the unsubsidized/unlocked version in the first place and never enter the fucking contract in the first place.

      What you're asking for is to have your cake and eat it too. If you want freedom, BUY THE UNLOCKED PHONE!

      --
      What political party do you join when you don't like Bible-thumpers *or* hippies?
    7. Re:You know, you can buy an unlocked phone by OzPeter · · Score: 4, Insightful

      This petition is for cheapskates who want to buy subsidized phones, but not fulfill their contract.

      There are already mechanisms to penalize people who do not fulfill contracts. So not unlocking a cell phone for that reason is unnecessary.

      --
      I am Slashdot. Are you Slashdot as well?
    8. Re:You know, you can buy an unlocked phone by Anonymous Coward · · Score: 4, Insightful

      I still don't see why a phone on contract should be locked. In the UK I could buy a subsidised phone with a contract and move it between carriers as much as I want. Of course I would still be under my contract with the original carrier and have to keep up those payments (or pay an early cancellation fee) regardless of what I do with the phone.

    9. Re:You know, you can buy an unlocked phone by betterunixthanunix · · Score: 4, Insightful

      Except that you did not take out a loan to buy your phone. You bought it at the price the carrier offered. The law says you cannot unlock the phone regardless of your contract, even when your contract expires, even if you pay the carrier the extra fee to cancel the contract, even if the carrier goes out of business. Stop trying to pretend that people are being offered a fair deal here; a fair deal is one in which you can buy something and do whatever you want with it.

      --
      Palm trees and 8
    10. Re:You know, you can buy an unlocked phone by crazyjj · · Score: 2

      The major carriers will unlock after contract and the DMCA has a specific exclusion for legacy phones.

      And of course, once again, no one made you a slave to begin with. YOU agreed to the terms. YOU had the option to buy the more expensive unlocked version. YOU are the cheap-ass who decided to buy the subsidized one.

      --
      What political party do you join when you don't like Bible-thumpers *or* hippies?
    11. Re:You know, you can buy an unlocked phone by Anonymous Coward · · Score: 4, Insightful

      The problem is that for all carriers sans T-Mobile, the person who pays the premium for the unlocked phone still has to pay out their ass in the plan costs which are designed to recoup money lost from subsidizing phones by grossly inflating the price.

      Once all of the carriers start offering cheaper plans for people who buy their phones outright, then I'll be satisfied.

    12. Re:You know, you can buy an unlocked phone by betterunixthanunix · · Score: 3, Insightful

      ...and AT&T is the only company that is legally allowed to do that. If I unlocked your phone, it would be a crime. If I told you how to do it, that would be a crime too. No matter how you slice it, AT&T and the other carriers are getting a special, privileged position in the market because of this law (which is what the petition is all about).

      --
      Palm trees and 8
    13. Re:You know, you can buy an unlocked phone by Anubis+IV · · Score: 2

      a fair deal is one in which you can buy something and do whatever you want with it.

      Yeah, that's called BUYING AN UNLOCKED PHONE, and you can do it at pretty much any carrier (and on just about any model phone) in the U.S.

      No, because what you seem to have missed is that merely offering additional options does not make existing ones any less unfair.

      If Ford cars had GPS units that turned off the engine when you tried to drive on the 70% of roads Ford doesn't like, that would be unfair. If they later offered a car at a higher price with the GPS unit turned off, that doesn't suddenly make their first car any more fair. If anything, it'd be extortion.

    14. Re:You know, you can buy an unlocked phone by drinkypoo · · Score: 3, Insightful

      Therefore, even if you purchase a locked phone, after the contract is up it would be fair to allow it to be unlocked.

      There is no reason why it is fair to have to wait for the contract to be up. The phones should be unlocked automatically by law once you pass the point where you can no longer return the phone for a refund. You are financially obligated to pay for that phone from the moment they get it. They have the right to sue for a judgment against you from the moment you sign the contract and fail to make a payment. You own that phone, and in exchange you agree to give money. If you do not give the money, why does that give them the right to keep your phone locked? It only reasonably gives them the right to seek return of the phone (for a refund, of course) or a judgment against you for the value of the phone, at which point you own the phone outright and they should be forced to unlock it. In exchange for the phone, they own a judgment against you.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    15. Re:You know, you can buy an unlocked phone by sycorob · · Score: 2

      If I do that, which carrier will give me a lower monthly rate because I don't need them to subsidize the phone? Maybe a little guy, but will Verizon or AT&T do that for me? Nope. So, if I buy an unlocked phone, I'm basically a sucker, because I'm paying for the phone twice.

  8. Official Response by Anonymous Coward · · Score: 2, Insightful

    And the official response will be: "We'll do whatever we want. We don't work for you." Just like all the rest of these petitions.

    1. Re:Official Response by squiggleslash · · Score: 3, Funny

      Oh really? I guess you missed Obama's announcement yesterday that the Feds are going to build a giant Death Star in orbit around the Earth...

      --
      You are not alone. This is not normal. None of this is normal.
  9. Re:Cellphone companies suck even more by ArcadeMan · · Score: 2

    FIY, when you see weather on TV, remember that you guys use the old imperial system and we use metric. There's no 32 degrees drop at the frontier line.

  10. Effectiveness of the petitions? by SirGarlon · · Score: 5, Insightful

    Is anyone tracking how many of these petitions result in actual policy change? It seems most get a canned response explaining the Administration's position. I don't recall any responses that said, "that's a good idea, we'll go do it" or "we've added that to our legislative agenda."

    --
    [Sir Garlon] is the marvellest knight that is now living, for he destroyeth many good knights, for he goeth invisible.
    1. Re:Effectiveness of the petitions? by SirGarlon · · Score: 2

      Depends on the scope of the petition. For things like reforming Social Security I am not expecting a policy decision to get made based on 100K signatures. For much narrower issues like this one, where the executive branch has authority to act without consulting Congress, I think we deserve an answer more like "The President has passed your petition along to the Librarian of Congress and directed him to reconsider this regulatory change. You can expect a press release explaining his final decision within 90 days."

      --
      [Sir Garlon] is the marvellest knight that is now living, for he destroyeth many good knights, for he goeth invisible.
    2. Re:Effectiveness of the petitions? by Hatta · · Score: 2

      A majority of Americans now favor legalizing Cannabis. A petition asking for Cannabis reform got 75,000 signatures(and was summarily dismissed by Obama). A signature that got 100,000 signatures is like to have even more support among the general public.

      --
      Give me Classic Slashdot or give me death!
    3. Re:Effectiveness of the petitions? by c++0xFF · · Score: 2

      17 U.S.C. 1201. Section 1201

      Congress specifically authorized the Librarian of Congress to make these decisions. The Librarian is a presidentially-appointed position.

  11. Clarification by wonkey_monkey · · Score: 5, Informative

    On January 26th, unlocking a cell phone that is under contract became illegal in the U.S

    I don't have a big problem with that, but this is the really important part:

    As of January 26, consumers will no longer be able unlock their phones for use on a different network without carrier permission, even after their contract has expired.

    --
    systemd is Roko's Basilisk.
  12. Why bother? by DoofusOfDeath · · Score: 5, Insightful

    Seriously, Obama talks a great game about a transparent government by the people, for the people.

    But from what I can tell, the petition website is, at best, a case of him failing to follow through on his aspirations. At worst, it's meant to give the American public a false sense of being listened to.

    1. Re:Why bother? by 10101001+10101001 · · Score: 5, Insightful

      No, he's being very transparent about how government works. What better sign of how government will ignore petitions than to setup an official web site to collect them just to ignore them? As for "by the people, for the people", you're just not one of "the people" [that matter] unless you have money and political connections--or can be used for political gain.

      --
      Eurohacker European paranoia, gun rights, and h
  13. Pointless? by Anonymous Coward · · Score: 2, Insightful

    Have any petitions posted on http://petitions.whitehouse.gov ever resulted in legislation/legal/governmental changes?

    I've seen the site posted a few times on /. but always discarded it as some pointless area for people to vent or make entertaining posts to. Making some White House PR group respond to a petition is one thing but does anything useful actually happen after a significant response? I'm asking earnestly because I honestly haven't followed it.

    If a petition gets enough support, White House staff will review it, ensure it’s sent to the appropriate policy experts, and issue an official response.

    I interpret that as: White House PR staff will read it, pass it along to someone that understands the issue and can put together a B.S. response, said PR staff polish the response off, respond, pat everyone on the back because nothing is going to result from the petition, and send the petitioners on their way.

  14. So...locks are unnecessary by Overzeetop · · Score: 4, Informative

    No, they're selling equipment. After 30 days, it's yours according to the contract - at least it is for the one I signed. I pay for the equipment, and the State agrees that it is a sale at the offered price - charging me sales tax. I have a service agreement which states if I choose not to keep the equipment I have to give it back for a full refund within the first 30 days, after 30 days, I am required to keep the phone.

    Nonetheless, you've just made the point that locking/unlocking is unnecessary. I quote, "And early termination fees protect their investment." Which is exactly the point - the contract with my provider states that I will keep in force a minimum level of service for 2 years in return for the reduced purchase price. If I break the contract , I owe them $350 (prorated per the schedule).

    Locking is an unnecessary and burdensome business practice which should be illegal, and is instead enforced as a result of a law which was - by it's nature - not intended to apply to physical transactions.

    --
    Is it just my observation, or are there way too many stupid people in the world?
  15. Circular Pricing by ggpauly · · Score: 2

    The industry argument I've heard is this: "Consumers" (ie, people) buy phones at a discount with multiyear contracts. This pricing scheme was developed by the industry to trick people (it's easier if you think of them as soulless "consumers") into continuing to pay the corporation despite abusive customer service, poor service, and fraud such as inaccurate coverage maps. Then the industry turns around -- pretending as if they've given a gift to the "consumers" who are living, breathing people with lives and kids and jobs and problems, sometimes involving money and cell phones -- and claim that they, the corporations, deserve to be rewarded by keeping control of the phone in violation of the common understanding of what "sell" and "own" mean.

    And the Librarian of Congress somehow agrees.

    Secondly, the regulated freedom from last year's Congressional Librarian decision seemed to be having an effect - why then reverse the decision?

    Lastly, we should recall that corporations are _not_ free enterprise by definition - they are given special government dispensations to protect their owner(s) against liability. We (people) ultimately pay this price - a hidden tax. Corporations must be held to a particularly high level of good citizenship or their grants of liability immunity should be revoked. Else they will treat us (people) as objects that provide money to them, as a herbivore treats plants.

    --
    Verbum caro factum est
  16. A few businesses might want to sign that too. by JustAnotherIdiot · · Score: 2

    I know there's a handful of companies (one of which I'll be switching too soon) that advertise unlocking your phone and joining their cheaper service.
    But hey, they're not the big 4, so what does the government care, right?

    --
    What do I know, I'm just an idiot, right?
  17. Re:Cellphone companies suck even more by smg5266 · · Score: 2

    I always thought it was some sort of socialist conspiracy

  18. Higher costs for consumers by mumblestheclown · · Score: 2

    This is no different than those petitions demanding some "human right" to check in luggage at no additional cost. it's a pathetic populist grab that ignores the fact that market forces exist. by limiting the ability of companies to offer (or not) locked/unlocked baggage included/baggage extra you're basically damning the mobile market to the "low cost" of actually-quite-expensive Southwest vs the actually low cost of RyanAir....

    oh, and before all of you pipe in saying how mobiles are cheap in europe because you can jump from operator to operator - yes, this is true. however, this shouldn't mean that in principle a company shouldn't be able to offer a "locked to them" plan at a choice that you are free to accept or not based on the value of their proposition and that furthermore you should be obligated to stick to it.

  19. Don't expect much, but still good by rabbin · · Score: 2

    I don't think any but a small minority actually expect the government to respond to a petition like this in a way that will actually change anything. However, it seems there are a lot of people that think these petitions do not have a net benefit, but just about anyone thinking this is probably expecting way too much from the start. At the cost of a few seconds and a mouse click, they allow the public to gauge the collective support behind something, and also get a potential mention in the media. Knowing that you and all these people (whatever number of people these 100k signatures can be extrapolated to in terms of the public's sentiment) are mutually concerned about something is only a good thing--especially when the cost is so miniscule.

    But again, I don't think this alone will actually change anything. A significant step, in my opinion at least, is to create an environment in which change *can* actually happen--namely a system of publicly funded elections allowing candidates to run without becoming dependent on the wealthy for their campaign costs (the average person rarely ever hears about the ones that don't). There are a few campaigns pushing for this at the federal level and one is materializing in NY, but this, however, is a completely different topic...

  20. /facepalm by argStyopa · · Score: 5, Insightful

    What sort of consensual delusion is it that makes people continue to believe the "Whitehouse Petitions" mean SHIT?

    Yes, Derek Khanna just mentioned it. Hooray. They hit 100k signatures.

    But please: point to a SINGLE THING that the stupid "petition" website has started, stopped, or otherwise changed?*

    *except to prompt some White House drone to hit the button 'generate response email': "Thank you for your interest in (issue). Please be assured that the (current president) administration takes your concern, and those of your other petitioners very seriously. President (current president) has reviewed the situation regarding (issue) closely with a team of experts and while you raise important concerns, feels that we should continue on the current policy course. Once again, thanks for your concern, (current president) appreciates your engagement on (issue)."

    Phht, and people say that religion is dying. If this isn't a demonstration of naked, unsupported faith, I'm not sure what is.

    --
    -Styopa
    1. Re:/facepalm by argStyopa · · Score: 2

      There is, in fact, a HUGE difference.

      NOBODY expects crap out of /.
      Whitehouse.gov has billed the silly petition thing as a genuine way to effect change in government. Like so much else ("most transparent administration in history", "no lobbyists", "will not be driven by partisanship", etc.) it's just simple lies. Strangely, there are giant chunks of the demographic (and, apparently, the Nobel Committee) that seems to believe THIS politician - despite his Chicago origin, which should signal that he's the dirtiest of the dirty - is "somehow different".

      So yeah, there's a wee bit of difference between expectations around /. forum and Whitehouse petition site. (Almost typed 'Whiteout' petition site...how Freudian...)

      --
      -Styopa
    2. Re:/facepalm by Bob9113 · · Score: 2

      But please: point to a SINGLE THING that the stupid "petition" website has started, stopped, or otherwise changed?*

      Marijuana policy. We put up a bunch of petitions in favor of decriminalization and legalization of marijuana, and the Obama admistration changed its policies. Some will argue, I'm sure, that the change was the opposite of what we were asking for. That instead of reducing penalties they increased enforcement to its highest level ever, shutting down more state authorized businesses in California than even GWB had done. And that is true.

      But you can't say it didn't change.

  21. DMCA shouldn't apply here anyway by Sloppy · · Score: 4, Insightful

    People should examine how DMCA is involved at all, or why an exemption is needed.

    Even if you take a hopelessly naive view of the purpose of DMCA's circumvention prohibition, even if you think it's a good idea to use force against everyone in order to address the 0.0001% case where someone accesses a movie for infringing purposes -- this scenario is still abuse of that law, roughly comparable to the Lexmark ink cartridge case.

    On an optical disc containing an encrypted movie, the "work" whose access is limited by a technological measure, is the movie.

    On a printer ink cartridge, or a mobile phone, the "work" whose access is limited by a technological measure, is ... hey, waitaminute! It's some kind of weird normally-not-copyrightable thing. Ink, really? Access to a network?! Even if you put all cynicism aside and read DMCA at face value, are you telling me Congress passed that law, for the purpose of granting vertical monopolies to product-tie terminals to networks?! Even if you get more realistic and say DMCA was to product-tie content with players, that purpose still doesn't apply to the phone situation.

    The LoC's decision to not exempt phones, was purely malignant and indefensible. But even so, an exemption isn't enough of a correction. DMCA needs to be fixed so that it at least stops being so broad that it's applicable to the phone situation. Propose that to Congress, Mr. President. (Better yet, just toss the circumvention-prohibition crap altogether; if you do that, then everyone (consumers and also copyright holders) will win. But maybe learning the lessons of the last 15 years, is too much to expect this time around.)

    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.