So, technically using software to unlock digital carrier blocks on your phone in the US is a violation of everyone's favorite draconian copyright legislation, the Digital Millennium Copyright Act. Unlocking your phone yourself could be seen as breaking a "technical measure," akin to cracking a DRM package (which, in most cases, is illegal). The Library of Congress can grant specific exemptions, like it already does for rooting and jailbreaking, but the latest one in 2012 was passed over without renewal.
The devices you buy from US mobile carriers are almost always locked to a single network, and unlocking them has been a legal gray area for the last few years. Now Congress is finally taking action to remedy that. The Unlocking Consumer Choice and Wireless Competition Act has been passed by the Senate, matching a House bill passed in February. As you can imagine, consumer rights groups are pretty jazzed.
The Digital Millennium Copyright Act has a lot of issues, and one of them is the almost instantaneous way in which content can be removed from the web if a copyright holder thinks it's in violation - it's a pretty classic example of "guilty until proven innocent." That double-edged sword is swinging back at Qualcomm today: the company issued an apology to developers after forcing popular code repository GitHub to remove over 100 repos for violation of copyright.
The legality of certain phone modifications in the United States, particularly those that allow phones to be used on wireless carriers for which they weren't originally intended, is currently on a congressional see-saw. Every three years, the Librarian of Congress has to approve or extend an exemption of the infamous Digital Millennium Copyright Act (DMCA) to allow or deny consumers the right to unlock (read: carrier unlock, and in some cases rooting/jailbreaking, but not unlocking bootloaders) their phones by circumventing digital rights management.
A French image processing company by the name of DxO Labs has filed a DMCA takedown request targeting 12 GitHub repositories containing device-specific code for ROMs, most of them maintained by CyanogenMod team members. The notice is vague, only citing:
 I have a good faith belief that the file downloads identified below (by URL) are unlawful under these copyright laws because among other things, the files circumvent effective access controls and/or copyright protection measures;
Content Type: "Custom Firmware" files
Violation(s): Trafficking a device that circumvents effective access controls and/or trafficking a device that circumvents effective copyright protection measures.
Most of the time, major corporations like to cushion their words so that, in the event of a PR disaster, it's easier to walk back its statements. Today, an AT&T exec in charge of public policy decided to throw that caution to the wind and announce in no uncertain terms 'the Librarian’s ruling will not negatively impact any of AT&T’s customers.' Well. That sure is blunt.
We're not apt to take any AT&T rep at their word, and there are certainly some things to raise eyebrows over.
Two days ago, the White House announced its support for carrier unlocking handsets. The administration promised an FCC/NTIA investigation as well as a willingness to "work with Congress" on legislation to fix the problem. So, we can probably count on the President's support of the new Wireless Device Independence Act, introduced last night by Sen. Ron Wyden (D-OR). The bill, which is only three pages long, has a simple goal: amend the DMCA such that it explicitly allows the unlocking of cell phones, obviating the need for a tri-yearly exemption.
In October of 2012, the Library of Congress elected not to renew DMCA exemptions that explicitly allow end users to unlock their cell phones at will, thus ending a six year tradition. This has made a lot of people very angry and has been widely regarded as a bad move. The quest to do something about it began almost immediately. And by "almost immediately" I mean "nearly three months later and at almost the very last minute."
Still, regardless of when the outrage gained steam, the fact is it did.
At this point, you've probably heard that starting tomorrow, it will become illegal to unlock your smartphone to use it on another carrier. You certainly should have heard so since the decision was made three months ago. That being said, there are still quite a few questions that folks want to have answered. Chief among them, 'How does this affect me?' Well, I'm glad you asked, dear reader.
For a bit of context, first, let's take a look at exactly what has changed.