Unlocking Consumer Choice and Wireless Competition Act

Bill: 113-s-517
Sponsor: Sen. Leahy, Patrick J. [D-VT]
Introduced: 2013-03-11 in the Senate
Policy area: Science, Technology, Communications
Subjects: Administrative law and regulatory procedures
Congressional agencies
Intellectual property
Internet and video services
Internet, web applications, social media
Library of Congress
Telephone and wireless communication

Summary:
action_date: 2013-03-11
text: 
Unlocking Consumer Choice and Wireless Competition Act - Repeals a Library of Congress (LOC) rulemaking determination, made upon the recommendation of the Register of Copyrights, regarding the circumvention of technological measures controlling access to copyrighted software on wireless telephone handsets (mobile telephones) for the purpose of connecting to different wireless telecommunications networks (a practice commonly referred to as "unlocking" such devices). Reestablishes, as an exemption to provisions of the Digital Millennium Copyright Act (DMCA) prohibiting such circumvention, a previous LOC rule permitting the use of computer programs, in the form of firmware or software, that enable used wireless telephone handsets to connect to a wireless telecommunications network, when circumvention is initiated by the owner of the copy of such computer program solely to connect to such a network and access to the network is authorized by the network operator, thus permitting unlocked phones.

 
Directs the Librarian of Congress, upon the recommendation of the Register, to determine whether to extend such exemption to include any other category of wireless devices in addition to wireless telephone handsets (e.g., tablets and other mobile broadband-enabled devices). 

action_date: 2014-07-10
text: 
Unlocking Consumer Choice and Wireless Competition Act - Repeals a Library of Congress (LOC) rulemaking determination, made upon the recommendation of the Register of Copyrights, regarding the circumvention of technological measures controlling access to copyrighted software on wireless telephone handsets (mobile telephones) for the purpose of connecting to different wireless telecommunications networks (a practice commonly referred to as "unlocking" such devices). Reestablishes, as an exemption to provisions of the Digital Millennium Copyright Act (DMCA) prohibiting such circumvention, a previous LOC rule permitting the use of computer programs, in the form of firmware or software, that enable used wireless telephone handsets to connect to a wireless telecommunications network, when circumvention is initiated by the owner of the copy of such computer program solely to connect to such a network and access to the network is authorized by the network operator, thus permitting unlocked phones.
 
Directs the Librarian of Congress, upon the recommendation of the Register, to determine whether to extend such exemption to include any other category of wireless devices in addition to wireless telephone handsets (e.g., tablets and other mobile broadband-enabled devices). 
 
Allows such circumvention (unlocking) to be initiated by the owner of such a device, by another person at the direction of the owner, or by a provider of a commercial mobile radio service or a commercial mobile data service at the direction of such owner or other person, solely in order to enable such owner or a family member of such owner to connect to a wireless telecommunications network, when such connection is authorized by the operator of such network. 
 
Prohibits this Act from being construed to alter any party's rights under existing law.

action_date: 2014-07-15
text: 

(This measure has not been amended since it was reported to the Senate on July 10, 2014. The summary of that version is repeated here.)
 
 
Unlocking Consumer Choice and Wireless Competition Act - Repeals a Library of Congress (LOC) rulemaking determination, made upon the recommendation of the Register of Copyrights, regarding the circumvention of technological measures controlling access to copyrighted software on wireless telephone handsets (mobile telephones) for the purpose of connecting to different wireless telecommunications networks (a practice commonly referred to as "unlocking" such devices). Reestablishes, as an exemption to provisions of the Digital Millennium Copyright Act (DMCA) prohibiting such circumvention, a previous LOC rule permitting the use of computer programs, in the form of firmware or software, that enable used wireless telephone handsets to connect to a wireless telecommunications network, when circumvention is initiated by the owner of the copy of such computer program solely to connect to such a network and access to the network is authorized by the network operator, thus permitting unlocked phones.
 
Directs the Librarian of Congress, upon the recommendation of the Register, to determine whether to extend such exemption to include any other category of wireless devices in addition to wireless telephone handsets (e.g., tablets and other mobile broadband-enabled devices). 
 
Allows such circumvention (unlocking) to be initiated by the owner of such a device, by another person at the direction of the owner, or by a provider of a commercial mobile radio service or a commercial mobile data service at the direction of such owner or other person, solely in order to enable such owner or a family member of such owner to connect to a wireless telecommunications network, when such connection is authorized by the operator of such network. 
 
Prohibits this Act from being construed to alter any party's rights under existing law.

action_date: 2014-07-25
text: 

(This measure has not been amended since it was reported to the Senate on July 10, 2014. The summary of that version is repeated here.)
 
 
Unlocking Consumer Choice and Wireless Competition Act - Repeals a Library of Congress (LOC) rulemaking determination, made upon the recommendation of the Register of Copyrights, regarding the circumvention of technological measures controlling access to copyrighted software on wireless telephone handsets (mobile telephones) for the purpose of connecting to different wireless telecommunications networks (a practice commonly referred to as "unlocking" such devices). Reestablishes, as an exemption to provisions of the Digital Millennium Copyright Act (DMCA) prohibiting such circumvention, a previous LOC rule permitting the use of computer programs, in the form of firmware or software, that enable used wireless telephone handsets to connect to a wireless telecommunications network, when circumvention is initiated by the owner of the copy of such computer program solely to connect to such a network and access to the network is authorized by the network operator, thus permitting unlocked phones.
 
Directs the Librarian of Congress, upon the recommendation of the Register, to determine whether to extend such exemption to include any other category of wireless devices in addition to wireless telephone handsets (e.g., tablets and other mobile broadband-enabled devices). 
 
Allows such circumvention (unlocking) to be initiated by the owner of such a device, by another person at the direction of the owner, or by a provider of a commercial mobile radio service or a commercial mobile data service at the direction of such owner or other person, solely in order to enable such owner or a family member of such owner to connect to a wireless telecommunications network, when such connection is authorized by the operator of such network. 
 
Prohibits this Act from being construed to alter any party's rights under existing law.

action_date: 2014-08-01
text: 

(This measure has not been amended since it was reported to the Senate on July 10, 2014. The summary of that version is repeated here.)
 
 
Unlocking Consumer Choice and Wireless Competition Act - Repeals a Library of Congress (LOC) rulemaking determination, made upon the recommendation of the Register of Copyrights, regarding the circumvention of technological measures controlling access to copyrighted software on wireless telephone handsets (mobile telephones) for the purpose of connecting to different wireless telecommunications networks (a practice commonly referred to as "unlocking" such devices). Reestablishes, as an exemption to provisions of the Digital Millennium Copyright Act (DMCA) prohibiting such circumvention, a previous LOC rule permitting the use of computer programs, in the form of firmware or software, that enable used wireless telephone handsets to connect to a wireless telecommunications network, when circumvention is initiated by the owner of the copy of such computer program solely to connect to such a network and access to the network is authorized by the network operator, thus permitting unlocked phones.
 
Directs the Librarian of Congress, upon the recommendation of the Register, to determine whether to extend such exemption to include any other category of wireless devices in addition to wireless telephone handsets (e.g., tablets and other mobile broadband-enabled devices). 
 
Allows such circumvention (unlocking) to be initiated by the owner of such a device, by another person at the direction of the owner, or by a provider of a commercial mobile radio service or a commercial mobile data service at the direction of such owner or other person, solely in order to enable such owner or a family member of such owner to connect to a wireless telecommunications network, when such connection is authorized by the operator of such network. 
 
Prohibits this Act from being construed to alter any party's rights under existing law.


Legislative actions:
action_date: 2014-08-01
text: Became Public Law No: 113-144.
action_date: 2014-08-01
text: Became Public Law No: 113-144.
action_date: 2014-08-01
text: Signed by President.
action_date: 2014-08-01
text: Signed by President.
action_date: 2014-07-28
text: Presented to President.
action_date: 2014-07-28
text: Presented to President.
action_date: 2014-07-25
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2014-07-25
text: On passage Passed by voice vote. (text: CR H6835-6836)
action_date: 2014-07-25
text: Passed/agreed to in House: On passage Passed by voice vote.(text: CR H6835-6836)
action_date: 2014-07-25
text: Considered by unanimous consent. (consideration: CR H6835-6836)
action_date: 2014-07-25
text: Mr. Chaffetz asked unanimous consent to take from the Speaker's table and consider.
action_date: 2014-07-17
text: By Senator Leahy from Committee on the Judiciary filed written report. Report No. 113-212.
action_date: 2014-07-17
text: By Senator Leahy from Committee on the Judiciary filed written report. Report No. 113-212.
action_date: 2014-07-16
text: Held at the desk.
action_date: 2014-07-16
text: Received in the House.
action_date: 2014-07-16
text: Message on Senate action sent to the House.
action_date: 2014-07-15
text: Passed Senate with an amendment by Unanimous Consent. (consideration: CR S4510-4511; text as passed Senate: CR S4510-4511)
action_date: 2014-07-15
text: Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.(consideration: CR S4510-4511; text as passed Senate: CR S4510-4511)
action_date: 2014-07-10
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 461.
action_date: 2014-07-10
text: Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report.
action_date: 2014-07-10
text: Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report.
action_date: 2014-07-10
text: Committee on the Judiciary. Ordered to be reported with an amendment favorably.
action_date: 2013-03-11
text: Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S1595)
action_date: 2013-03-11
text: Sponsor introductory remarks on measure. (CR S1594-1595)
action_date: 2013-03-11
text: Introduced in Senate

Enacted as: number: 113-144