President Obama Signs Unlocking Consumer Choice and Wireless Competition Act | Practical Law

President Obama Signs Unlocking Consumer Choice and Wireless Competition Act | Practical Law

President Obama signed the Unlocking Consumer Choice and Wireless Competition Act, which reintroduces an exemption to the anti-circumvention provisions of the Digital Millenium Copyright Act (DMCA), allowing consumers to use their cellular telephones on different networks. 

President Obama Signs Unlocking Consumer Choice and Wireless Competition Act

Practical Law Legal Update 0-576-2485 (Approx. 2 pages)

President Obama Signs Unlocking Consumer Choice and Wireless Competition Act

by Practical Law Intellectual Property & Technology
Published on 05 Aug 2014USA (National/Federal)
President Obama signed the Unlocking Consumer Choice and Wireless Competition Act, which reintroduces an exemption to the anti-circumvention provisions of the Digital Millenium Copyright Act (DMCA), allowing consumers to use their cellular telephones on different networks.
On August 1, 2014, President Obama signed the Unlocking Consumer Choice and Wireless Competition Act (PL 113-144, 128 Stat 1751 (Aug. 1, 2014)). The Senate unanimously passed the Act and the House of Representatives cleared the Act by voice vote on July 25, 2014.
The Act re-authorizes the use of computer programs, firmware or software, that enable a wireless telephone handset originally acquired from the operator of a wireless telecommunications network or retailer to connect to a different wireless network. The Act repeals a 2012 Library of Congress decision that made the use of computer programs to unlock wireless phones a violation of the anti-circumvention provisions of the Digital Millennium Copyright Act (DMCA).
The Act also directs the Librarian of Congress to consider whether to extend the DMCA exemption to other wireless devices, such as tablet computers.
Update: On August 25, 2014, the US Copyright Office issued a final rule amending 37 CFR § 201.40 to create an exemption from the DMCA prohibition against unlocking wireless phones (79 Fed. Reg. 50552-02, Aug. 25, 2014). The new rule took effect immediately.