Wireless Device Independence Act of 2013

Bill: 113-s-467
Sponsor: full_name: Sen. Wyden, Ron [D-OR]
Introduced: 2013-03-05
Policy area: Science, Technology, Communications
Subjects: Intellectual property

Internet and video services

Internet, web applications, social media

Telephone and wireless communication
Latest action: action_date: 2013-03-05
text: Read twice and referred to the Committee on the Judiciary.

Summaries:
action_date: 2013-03-05
action_desc: Introduced in Senate
text: <p>Wireless Device Independence Act of 2013 - Amends the Digital Millennium Copyright Act (DMCA) with respect the prohibition on the circumvention of technological measures that control access to a copyright-protected work. Expands the exceptions to such prohibition to allow the user of a computer program (in the form of firmware or software) that enables a wireless telephone handset or other wireless device that can connect to the Internet, and that is originally acquired from the operator of a wireless telecommunications network or retailer, to connect to a different wireless telecommunications network (a practice commonly referred to as "unlocking" the underlying device) if: (1) the user legally owns a copy of the computer program, (2) the use of the program is solely for connecting to such wireless telecommunications network, and (3) the access to such network is authorized by the network operator. (The Librarian of Congress had previously provided an administrative exemption from the DMCA prohibition to permit the unlocking of mobile wireless devices but the exemption was not renewed after a rulemaking the DMCA requires to be conducted every three years.) </p>

tv_txt: II 113th CONGRESS 1st Session S. 467 IN THE SENATE OF THE UNITED STATES March 5, 2013 Mr. Wyden introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To allow consumers to unlock mobile wireless devices for interoperability purposes.

1. Short title This Act may be cited as the Wireless Device Independence Act of 2013 . 2. Allowing consumers to unlock cell phones (a) In general Section 1201(a)(1)(B) of title 17, United States Code, is amended by striking not apply to persons and inserting the following: “not apply to— (i) a user of a computer program, in the form of firmware or software, that enables a wireless telephone handset, or other wireless device that can connect to the Internet, originally acquired from the operator of a wireless telecommunications network or retailer to connect to a different wireless telecommunications network if— (I) the user legally owns a copy of the computer program; (II) the use of the computer program by the user is solely for the purpose of connecting to such wireless telecommunications network; and (III) the access to such wireless telecommunications network is authorized by the operator of the network; or (ii) persons . (b) Conforming amendments Section 1201(a)(1) of title 17, United States Code, is amended— (1) in subparagraph (C), by striking subparagraph (B) and inserting subparagraph (B)(ii) ; and (2) in subparagraph (E), by striking Neither the exception and inserting Neither of the exceptions . 3. Effective date The amendments made by this Act shall take effect as if enacted on January 26, 2013.