… Milo carefully said nothing when Major —— de Coverley stepped into the mess hall with his fierce and austere dignity the day he returned and found his way blocked by a wall of officers waiting in line to sign loyalty oaths. At the far end of the food counter, a group of men who had arrived earlier were pledging allegiance to the flag, with trays of food balanced in one hand, in order to be allowed to take seats at the table. Already at the tables, a group that had arrived still earlier was singing “The Star-Spangled Banner” in order that they might use the salt and pepper and ketchup there. The hubub began to subside slowly as Major —— de Coverley paused in the doorway with a frown of puzzled disapproval, as though viewing something bizarre. He started forward in a straight line, and the wall of officers before him parted like the Red Sea. Glancing neither left nor right, he strode indomitably up to the steam counter and, in a clear, full-bodied voice that was gruff with age and resonant with ancient eminence and authority, said:
“Gimme eat.”
Instead of eat, Corporal Snark gave Major —— de Coverley a loyalty oath to sign. Major —— de Coverley swept it away with mighty displeasure the moment he recognized what it was, his good eye flaring up blindingly with fiery disdain and his enormous old corrugated face darkening in mountainous wrath.
“Gimme eat, I said,” he ordered loudly in harsh tones that rumbled ominously through the silent tent like claps of distant thunder.
Corporal Snark turned pale and began to tremble. He glanced toward Milo pleadingly for guidance. For several terrible seconds there was not a sound. Then Milo nodded.
“Give him eat, ” he said.
Corporal Snark began giving Major —— de Coverley eat. Major —— de Coverley turned from the counter with his tray full and came to a stop. His eyes fell on the groups of other officers gazing at him in mute appeal, and, with righteous belligerence, he roared:
“Give everybody eat!”
“Give everybody eat! ” Milo echoed with joyful relief, and the Glorious Loyalty Oath Crusade came to an end.
— from Catch-22, by Joseph Heller
This weekend it became illegal for U. S. residents to jailbreak their smart phones. The penalty for this violation of the Digital Millennium Copyright Act of 1996 (DMCA) is “first time offenders may be fined up to $500,000, imprisoned for five years, or both. For repeat offenders, the maximum penalty increases to a fine of $1,000,000, imprisonment for up to ten years, or both.”
This is a larger penalty, I’ll point out, than the one for turning my un-jailbroken smart phone into an explosive device, though to be fair the ATF can throw an extra penalty on top for “brandishing.”
Note — There is some question among readers whether “jailbreaking” or “unlocking” is what’s illegal here and there is certainly some overlap in the two terms. When I wanted to make my original iPhone work on the T-Mobile network rather than the AT&T network, for example, the way it was done back then was called “jailbreaking” which explicitly enabled “unlocking,” for it was only by unlocking (enabled in that case by jailbreaking) that I was able to switch from one GSM network to another. Maybe times have changed and I am now using the wrong term, but I think these disagreements about terminology are mainly pedantic excuses not to consider the underlying fact that the U.S. Government is messing with my innate right to do whatever I damn well please with what’s long paid for and sitting in my junk drawer.
Jailbreaking has actually been illegal since 1996 when there were no smart phones, but those doing it have been enjoying an exemption allowed by the Librarian of Congress, whom I have never thought of as either a law enforcement official nor possibly the biggest jerk in the U. S. Government, but I’m rethinking that today.
This is stupid and represents exactly the type of government nobody needs. It is also a perfect issue to deal with through civil disobedience.
I never even considered jailbreaking my five year-old iPhone 3 but this week I’m going to do it and I suggest you do, too.
I haven’t decided yet whether to do it at the AT&T Store, the Apple Store, or in the middle of the Reading Room at the Library of Congress, but I’m going to do it.
If 10,000 people publicly jailbreak that old iPhone sitting in a drawer the legal system will temporarily grind to a halt and this stupid law will grind with it.
Gimme eat.
As I understand it, it is only illegal for you to unlock a newly-purchased phone. You can unlock your old ones legally.
I’m sure will be a good deference at a trial.
Keep your receipts – keep out of jail!
Oh, so the Digital Millennium Copyright Act only matters if you are under contract? Crazy.
What on God’s green earth is “jail breaking” in relation to an iPhone?
Jail breaking means setting it to allow software to be installed that hasn’t been authorized by the seller (e.g. Apple).
That is not in fact what has become illegal in the US – it is unlocking. That means setting it so it can be connected to a different network that the one for which it was sold (e.g. an AT&T phone moved to Verizon). Phones sold at a discount as part of a multi-year contract are typically “locked” to prevent the contract from being broken.
Peter,
Thanks for the info. Guess I’m just a dumb old fart.
You seriously got to be kidding me!? Is this what has become of the legislation body of the US? Allowing the vile combination of guns AND nuts on the streets but somehow making time to address fringe usage of smartphones?
This story has nothing to do with guns and the Library of Congress is not a legislative body.
Not every single story on the Internet has to be a venue for your unrelated complaints.
Of course pictured is Orson Welles (who would never have consented to play a field grade officer) as General Dreedle.
Also somewhat related to your 10,000 jailbreakers sentiment, from the same novel, paraphrased:
“But Yossarian, what if everybody felt like that?”
“Then I’d be a damn fool to think any other way!”
I’ve been wondering what to do with my 3GS – thanks for the idea.
Looks like one of those laws that will never be enforced, like money laundering perpetrated by big banks.
https://www.wired.com/threatlevel/2013/01/mobile-phone-unlocking/
Although only take one asshat prosecutor to go all Swartz on your butt.
yeah – the issue is either that of making an example of one person, or using the threat of this to ensure a guilty plea on some other lessor charge (like torrent-copying a movie or an album).
I suspect this so-called “law” enacted by so-called “leaders” is basically there to go whaling on some dude who decided to liberate some data that was just pining away out of sight. maybe it was just Tuesday’s soup menu at the Senate cafeteria. maybe it was the hydrocodes from Los Alamos for the bowling bag bomb.
like the law against driving without shoes on, it’s just waiting. waiting for some schlub who needs to be made an example and doesn’t really seem to be breaking any laws. even has working tail lights.
if you get jailed on this one, don’t stop whistling Warren Zevon, cause the * has hit the fan.
The essence of idiotic beaurocracy:
Maj. Major Major Major: Sergeant, from now on, I don’t want anyone to come in and see me while I’m in my office. Is that clear?
First Sgt. Towser: Yes, sir? What do I say to people who want to come in and see you while you’re gone?
Maj. Major Major Major: Tell them I’m in and ask them to wait.
First Sgt. Towser: For how long?
Maj. Major Major Major: Until I’ve left.
First Sgt. Towser: And then what do I do with them?
Maj. Major Major Major: I don’t care.
First Sgt. Towser: May I send people in to see you after you’ve left?
Maj. Major Major Major: Yes.
First Sgt. Towser: You won’t be here then, will you?
Maj. Major Major Major: No.
First Sgt. Towser: I see, sir. Will that be all?
Maj. Major Major Major: Also, Sergeant, I don’t want you coming in while I’m in my office asking me if there’s anything you can do for me. Is that clear?
First Sgt. Towser: Yes, sir. When should I come in your office and ask if there’s anything I can do for you?
Maj. Major Major Major: When I’m not there.
First Sgt. Towser: What do I do then?
Maj. Major Major Major: Whatever has to be done.
First Sgt. Towser: Yes, sir.
[…] Link. He calls for a campaign of civil disobedience. He’s right. This should be handled through contract law, not the foul DMCA. […]
They way I understand it, it will be illegal to unlock a newly purchased smartphone from the carrier you purchased it from and use it on another carrier without the original carrier’s consent.
I do not believe this applies to “jail breaking,” i.e., overcoming limitations in a computer system or device that were deliberately placed there for security, administrative, or marketing reasons (from Wikipedia).
if you buy a phone from AT&T after February 1, you cannot unlock it and use it on T-Mobile, for example. However, most carriers have adopted the policy that once your contract is up (and the subsidy the carrier provided for you phone had been recouped), the carrier will allow you to unlock your phone and use it on another network.
Hmmm…I wonder if there will be any incentive for carriers to up date their policies to never allow a phone to be used on another network?
Presumably if american companies were not allowed to lobby members of the government to the full extent that their wallets allow, you wouldn’t have stupid laws like this. Civil disobedience is a good idea, but don’t aim it at this particular law. Aim it at the lobbying system. Stop large corporations from having any more influence over the government than they can gain via the individual votes of their members at the ballet box! While you’re at it, get that stupid law that allows everyone to carry guns repealed. It’ll make your society seem less infantile to the rest of the world.
Right. Because we’ll all be so much more free when only the powerful and the criminal are armed.
Don’t see a lot of powerful and criminal people carrying out massacres.
It’s usually some apparently law-abiding citizen exercising his rights.
Can we have a nice discussion about unlocking phones, or do you guys have to make every article about your own unrelated personal complaints?
Yes, attacking the lobbyists is the way to go, but it probably won’t happen. You actually mentioned the reason that it’s not likely in your message, only you added the word “seem” to it.
https://movetoamend.org/
Maybe Google is supporting it to push more people to buy their Nexus phones that are fully unlocked. I should be receiving my Nexus 4 any day now… Of course, once received, I then need to have it sent to me in Spain from the US because you still can’t buy it here. Wondrous distribution model!
Jailbreak != unlock…only the latter is illegal – and only on new devices – and only if that device is bought on contract.
You’ve got to understand that phone carriers don’t see it as “your phone” but rather an “their access point” on “their network”. It only becomes your phone when your 2-3 year contract with them is complete.
but maybe it becomes your junk drawer jammer when the 2 year contract is up, and you don’t want that carrier any more. that is wholly and totally up to the carriers who keep the magic number as a proprietary business property.
This is a reminder that the only safe way to break the law is to study what the big banks and bankers have done, since they’ve proven immune to prosecution.
It’s just another law written up by lobbyists. Sad part is the U.S. government is also pressuring other governments to make the same mistakes.
you do have to admire one thing, though. when these guys get bought, they STAY bought. admirable in a politician…
How many telecom markets outside the US are still using locked phones? It’s always curious to see the US, usually a leader in both consumer technology and free markets, to lag so far behind in both areas. I understand this is largely due to how the various players each built their own proprietary networks, but that excuse seems limited. Here in Thailand the market was forced to go from locked to unlocked about a decade ago. The telecoms resisted, but eventually capitulated, and they are all doing nicely if their stock prices are any indicator.
Last summer while visiting California we asked five different telecom shops if we could buy a pre-paid SIM for my wife’s iPhone. I might as well have asked for a tactical nuclear weapon.
It’s also quite common in the Netherlands when you “buy” a phone with a (multi) year contract. So far I know the same practise hold for all of (continental) Europe.
Historically, it’s been the preferred path for American companies to control change through legal means rather than adjusting to new technology and market trends. Look at how the car manufacturers used every means they could to avoid fuel economy standards. Or, how the standards for “high speed” Internet connections are so low compared to elsewhere in the world.
American telecom companies are no different. Attorney fees are looked on as a cheap investment.
Why change a light bulb when you can just change the law to mandate darkness.
Bob! How Libertarian of you to suggest such a thing! Don’t you have faith that big brother and little brother are merely working together and are only acting in your best interests? To ensure that individuals don’t commit violence against the net they should have to pass competency tests and these devices should be registered and tracked. These devices are information weapons of great power. If a person owns such a device it is not their right to use it as they see fit, these devices must be regulated by those who know best. We cannot rely on the judgment of individuals and we must not allow them to entertain the radical notion that they have rights to use these devices as they see fit. I for one will be using my phone to capture video of my kids firing their Bushmasters.
I believe the Australian Competition and Consumer Commission made it legal for people to bypass DVD region codes, so I suspect that jailbreaking may also not be illegal in Australia. The US is really into creating monopolies…
As other commenters have pointed out, jailbreaking is not illegal only unlocking. If you bought the phone from a carrier, they will unlock it for you (or tell you how) after your contract payments are up or if you simply pay its full price. Of course, the unlocking won’t happen automatically, you have to ask for it.
They came for Aaron Swartz, and I said nothing…
So you think Swartz is innocent? The journal blocked his IP address, he got another one. Then they got MIT to block his MAC address. He spoofed it, and got another laptop as well. The journal shut off access to all of MIT. MIT shut off his wireless account, so he connected his computer directly to a server in a closet. When someone tells you to keep out, and you just keep trying to break in, should you be punished?
The issue is more complicated than that. First of all the punishment should suit the crime. Secondly, a lot of information hidden behind software like Jstore is actually public property paid for by taxpayers and not secret or confidential as may be the case with military secrets. Thirdly, he never tried to profit from any of his attempts to free publicly owned information. The government lawyers responsible for this travesty of justice should at least be fired if not disbarred. See https://www.bloomberg.com/news/2013-01-15/berners-lee-calls-prosecution-of-aaron-swartz-travesty-.html
It’s all fine and good to try to clog the system, but when a prosecutor throws on some wire fraud charges and the kitchen sink and threatens to never let you see your kids or the light of day ever again, you’ll plead down to a few measly months and the paperwork will be rubber-stamped with the utmost haste, inconveniencing nobody. The private prison contractor will win (shares up!), the prosecutor gets another notch in his/her belt (digital rights “terrorist” stopped!). Everyone wins – except you you, you schlub, who had the temerity to go up against the machine.
How very odd.
In the UK you get multi-year contracts and subsidised phones, but you’re free to change the phone to another network as far as I know. That doesn’t get you out of the contract, though. You’ll still be paying for months of service you’re not using on top of the charge for whichever network you switch to. Does contract law work differently in the US?
Two points:
1) So physical things we buy are no longer ours to do as we please with? Is stamping on my own iPhone ok? It’s wrecked and very much ‘broken. I doubt there’s a problem with that. BUT I alter the software (in essence what we are discussing here) and I am suddenly in the do-do? No theft, simply a change of use. Sounds barmy.
2) In the UK most contract phones are indeed locked to the carrier but I recently discovered my own telco lets the contract particpant unlock their phone – and supplies the IMEI code for free – as long as they complete the intended contract. They will also let you unlock a PAYG phone for a small fee.
Sounds pretty reasonable, doesn’t it? And the only people screwing anybody are the unofficial online unlock sellers who charge a lot of money for their secretive access to official databases.
A colleague at work was quoted from between 30-pounds to 80-pounds to unlock his iPhone 3GS. I pointed him towards the free and official unlock service …
I don’t think that Bob or anyone else will be arrested or fined for unlocking or jailbreaking a five year old iPhone. The law seems to apply only to new phones. They even allowed 90 days before January 26th for people to unlock phones that were recently purchased, not that that’s any justification for the new law.
It’s got nothing to do with the age of the phone, or your contract with the phone company or your use of the phone. It’s just that breaking any encrypted security system in the US is illegal under the DMCA, unless the Librarian of Congress allows an exemption, which was intended to allow the recovery of encrypted (i.e. DRM protected) archival content. There was an exemption for phone unlocking, and now there isn’t.
A lot of the media coverage only says that it is illegal to unlock new phones, including this:
http://techcrunch.com/2013/01/26/unlocking-your-phone-is-now-illegal-but-what-does-that-mean-for-you/
It quotes the Librarian of Congress:
“The [Register of Copyrights] concluded after a review of the statutory factors that an exemption to the prohibition on circumvention of mobile phone computer programs to permit users to unlock “legacy” phones is both warranted and unlikely to harm the market for such programs.
At the same time, in light of carriers’ current unlocking policies and the ready availability of new unlocked phones in the marketplace, the record did not support an exemption for newly purchased phones.”
The article goes on:
“It also doesn’t mean that the stash of old phones nestled in your drawer can’t be unlocked — so-called “legacy” devices are exempt from silly change, so feel free to take your old phones and show them a little bit of freedom.”
Is the technical distinction between unlocking and jailbreaking beyond your ken, Cringely?
Interesting that in Canada, the day after this is announced, the CRTC (the regulatory agency in Canada) has announced that it is going in the opposite direction, making unlocking easier:
https://www.theglobeandmail.com/report-on-business/new-draft-telecom-rules-take-aim-at-runaway-mobile-bills/article7910199/
Having read that article, it sounds like they are simply codifying in law what has been and still is the case in the US. Namely, that you can get your phone unlocked after you have paid for it in full. I suspect the new US law is to make it illegal to buy a phone on contract and then cancel the contract early, paying an early-termination fee that may not be enough to cover the subsidy. Of course, if the fee should be adjusted to cover the remaining subsidy, but that makes it complicated to figure out in advance. Also, the new law makes it harder to cancel and postpone paying the fee.
Sign the petition:
https://petitions.whitehouse.gov/petition/make-unlocking-cell-phones-legal/1g9KhZG7
I’m a Brit, so my opinion on this are realy beside the point, but since the US keeps trying to foist laws like this on all of us via secret trade treaties, I feel I have a legitimate interest in what gets passed as law in the US. However, you may also quite legitimately disregard my opinion on the basis it doesn’t concern me. That’s up to you.
That petition completely misses the point and is a useless distraction. The problem is not the decision made by the Librarian of Congress. The problem is that he’s been put in this position by a fundamentally broken law. A law that is a direct attack on the basic freedoms of the citizens of the United States. Phone unlocking being illegal is a symptom. Attack the cause. Repeal the DMCA.
I agree the DMCA should be repealed, but alas, I think we will have achieved world peace a decade before the repeal. Perhaps a more realistic approach would be a slight modification to legalize “fair use” and expand its definition to include any use by someone who has paid for the content.
So what’s the catch-22 in this scenario?
If you take this to court, you will probably find that DMCA does not apply, as there is no copyright to be protected.
there is a trade secret. in the law, a corporation can “request” protection of their trade secrets in any proceeding that would otherwise reveal them. at the regulatory level in the US, the “request” is actually a “mandate,” the government has to prove that trade secret on which a business claims to be based is something that really doesn’t matter.
and they don’t try.
Meanwhile, while you are worrying about helping out the people who buy cheap phones from companies and then stop paying their bill, you find many more people who have to pay even more for their cell phone bills just because they are using a smartphone.
Actually, it’s because smartphones can use much more data than non-smartphones. And also, in the case of subsidized phones, the monthly rate covers the cost of the phone and assumes you will want to pay another small fee after two years to get an upgrade. I pay only $30/mo. to use my smartphone on an AT&T GoPhone prepaid plan, buying data separately in 1 GB blocks if and as needed.
One of the local operators loads up their phones contact list with a dozen crap service numbers (stock quotes and similar), which *cannot be deleted*. So you have to page past them to find your family and friends.
I would like to explain to one of their top executives what I think of this intrusion on my phone. Preferably with a well splintered piece of wood as an instruction aid.
(How many years in the pokey for that?)
I think I know what you mean. But your phone should also allow you to add new contacts in “categories” or “groups” that you define so that the phone company’s list is all by itself under “No group”.
I’m going to unlock my old iPhone 3G right now. AND I’m going to tear that damn tag off the mattress, too.
“Land of the Free”, my arse
Bob-Gimme your iPhone 3 after you jailbreak it. Thanks.
If YOU bought the iPhone then it would be unlocked.
Locked iPhones are purchased in collaboration with a carrier.
All societies restrict what you can do in return for preventing others from doing what they want to do. Saying that I bought that heap of fertiliser and I can mix it with diesel if I want to isn’t going to get you very far, nor should it.
I doubt that a jailbroken iPhone is likely to cause much trouble but if some arsehole crashed a base station that I was using then I would not have any sympathy at all for him or even her.
“Jail breaking” is still legal and harmless. But you bring up a good point that if it were determined to be potentially harmful, it may then be outlawed, although that would not prevent “outlaws” from taking down cell service. Better to design the system so it’s not vulnerable to jailbroken phones.
I can’t understand USA!
You cry when the US national anthem is sung even after forgoing your allegiance and taking on another nationality.
You up hold law and hunt criminals all over the world.
But in USA you believe that you can break a contract anytime.
The Phone contract you sign is for a discounted amount that you believe is the just, equitable and reasonable price. And then you tell the phone company “Thanks jerk fu*k off I got it cheap and you can go scr*w yourself” “My ego needs and desires are more important than my signature and my word to maintain the freely entered contract. SO FU*K Off”
Well it cost a lot more than what you paid for it. And it shows the rule of law is missing in Mafia Corporate controlled USA when everyone says and does break the law! It the slippery slope to anarchy.
Bob’s point is that it should be legal to unlock your own phone when the contract is up and therefore has been fulfilled. With the lack of an exemption to the DMCA for unlocking, if you want to change your carrier, you can no longer use your paid-for phone, and must buy another one from your next carrier. Of course, a good carrier would probably unlock it for you when the contract is up, but there is no guarantee it would be convenient or free to have them do it.
Why is this a law? It is nothing more than contract breach, and should be treated as a civil matter. -I guess it is another example of corporate lobbyists having our legislature in their pocket.
I’m not sure whether violations of the DMCA are criminal or civil. The change here is that before, both jailbreaking and unlocking were exempted, and now, the exemption has been removed for unlocking. According to the wiki: the DMCA “criminalizes production and dissemination of technology, devices, or services intended to circumvent measures (commonly known as digital rights management or DRM) that control access to copyrighted works. It also criminalizes the act of circumventing an access control, whether or not there is actual infringement of copyright itself.” It sounds to me like the breach of contract is civil but the mechanism of unlocking or jailbreaking is criminal due to the DMCA. http://en.wikipedia.org/wiki/Digital_Millennium_Copyright_Act
This situation reminds me of the Microsoft EULA that wasn’t printed on the outside of the box, or for that matter brought to the end-users attention before purchase.
Nobody should be bound to terms they weren’t made aware of at the time of purchase.
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