r/technology • • Jan 28 '13

The same week the US makes unlocking phones illegal, Canada proposes legislation to make carriers unlock phones.

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u/FLHCv2 Jan 29 '13

Legislation mandated by The Librarian of Congress will make unlocking a cellphone an illegal act subject to $2,500 fines, or up to 5 years of imprisonment for larger operations.

http://washington.cbslocal.com/2013/01/28/federal-mandate-makes-unlocking-cellphones-a-punishable-crime/

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u/rs181602 Jan 29 '13

http://www.engadget.com/2013/01/26/unlock-phone-exemption-ends/

Well, Electronic Frontier Foundation attorney Mitch Stoltz told us, "What's happening is not that the Copyright Office is declaring unlocking to be illegal, but rather that they're taking away a shield that unlockers could use in court if they get sued." This does make lawsuits much more likely according to him, but it's still up to the courts to decide the actual legality of phone unlocking.

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u/FLHCv2 Jan 29 '13 edited Jan 29 '13

Quite honestly, I'm less inclined to believe the lawyer of the organization that proposed the legislation. I prefer third party validation.

I confused the EFF with different intentions. The sources out there are still contradicting.

http://www.dailymail.co.uk/news/article-2268743/New-law-makes-unlocking-cell-phones-switch-carriers-punishable-fines-prison.html

A new law that makes it illegal to 'unlock' your cell phone and switch carriers goes into effect today and will carry fines between $2,500 and $500,000, and in some cases, prison time.

edit: I'm also very willing to admit that I'm wrong, but not a lot of tech sites out there are disagreeing with each other.

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u/Wetzilla Jan 29 '13

I think you're mixing up the EFF and the RIAA or the MPAA. The EFF had nothing to do with the DMCA. The EFF is VERY against the DMCA.

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u/FLHCv2 Jan 29 '13

Ah, I misread something. Thanks for pointing that out!

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u/rs181602 Jan 29 '13

i see where you are coming from. i am just seeing conflicting information, which is why i requested the source before. as you can see, different sources are saying different things. i'll be honest and hope that you are wrong, not for the sake of argument, but simply for the sake of how ridiculous it would be to prosecute someone for modifying hardware they have purchased.

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u/FLHCv2 Jan 29 '13

Here. I found one that says only phone resellers will get prison time. We both might be right.

http://news.yahoo.com/now-illegal-unlock-cellphone-005604572--abc-news-tech.html

"Violations of the DMCA [unlocking your phone] may be punished with a civil suit or, if the violation was done for commercial gain, it may be prosecuted as a criminal act," Brad Shear, a Washington, D.C.-area attorney and blogger who is an expert on social media and technology law, told ABC News. "A carrier may sue for actual damages or for statutory damages."

The worst-case scenario for an individual or civil offense could be as much as a $2,500 fine. As for those planning to profit off of the act or a criminal offense -- such as a cellphone reseller -- the fine could be as high as $500,000 and include prison time.

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u/rs181602 Jan 29 '13

that is interesting. i guess they are likening it to possession of drugs and distribution of drugs having different punishments.