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Patrick L.
Democrat VT

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  • Statements on Introduced Bills and Joint Resolutions

    by Senator Patrick J. Leahy

    Posted on 2013-03-11

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    LEAHY (for himself, Mr. Grassley, Mr. Franken, Mr. Hatch, Mr. Lee, and Ms. Klobuchar): S. 517. A bill to promote consumer choice and wireless competition by permitting consumers to unlock mobile wireless devices, and for other purposes; to the Committee on the Judiciary.

    Mr. LEAHY. Mr. President, today I am introducing bipartisan legislation that will help promote competition in the wireless industry and restore consumer choice. From 2006 until last year, an exemption to the Digital Millennium Copyright Act, DMCA, permitted cell phone users to ``unlock'' their cell phones when their contract expired, allowing them to change wireless providers and thereby promoting consumer choice. This exemption has enhanced competition in the cell phone market, but it was allowed to expire last year.

    Over the past few weeks and months, consumers have spoken clearly-- they want to retain the right to transfer their cell phones between wireless providers, if they so choose, when their contracts expire. I agree, which is why today I am pleased to introduce the Unlocking Consumer Choice and Wireless Competition Act, along with Senator Grassley, Senator Hatch, Senator Lee and Senator Franken, who chairs the Judiciary Committee's Subcommittee on Privacy, Technology and the Law. We are working closely with Chairman Goodlatte and members of the House Judiciary Committee to pass commonsense legislation and provide consumers with better choice.

    The Unlocking Consumer Choice and Wireless Competition Act reestablishes the Library of Congress's rule permitting cell phone unlocking. It also directs the Library to undertake a new proceeding to consider whether to broaden this exemption to allow unlocking of other wireless devices such as tablets. At a time when the line between phone and tablet is beginning to blur, it makes sense for the Library to consider extending this exemption to those devices as well.

    [[Page S1595]] The DMCA maintains an important balance between protecting copyright owners and users. It was designed to be sufficiently flexible to meet the challenges of an ever-evolving digital copyright world. Every 3 years, the Library of Congress conducts its public review of the exemptions permitted under the DMCA to help promote that flexibility. Unfortunately, in its most recent proceeding, there was not a sufficient record for the Library to continue the cell phone exemption, despite the strong merits of the rule. Our legislation restores the important exemption that had been in effect in previous years. Although Congress has stepped in in this instance to restore an important policy objective, I urge parties in future rulemakings to provide a more full record so that the rulemaking process can proceed as it was designed.

    When I wrote the DMCA, the law was intended to allow choice and protect consumers. This straightforward restoring bill furthers that objective. When consumers finish the terms of their contract, they should be able to keep their phones and make their own decision about which wireless provider to use. They should not be forced to stay with their original provider due to software that restricts a phone to only one network. I am pleased that many wireless providers already sell unlocked phones, or will unlock phones for consumers once contracts expire, but that does not mean that consumers should face penalties under the DMCA for taking those same steps on their own. This bill will protect and promote competition in the wireless market by allowing consumers to bring their phones with them to the provider that best suits their needs.

    I urge all Senators to support this narrow, commonsense legislation to protect consumers and promote competition.

    Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

    There being no objection, the text of the bill was ordered to be printed in the Record, as follows: S. 517 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Unlocking Consumer Choice and Wireless Competition Act''.


    (a) Repeal and Replace.--Paragraph (3) of section 201.40(b) of title 37, Code of Federal Regulations, as amended and revised by the Librarian of Congress on October 28, 2012, pursuant to his authority under section 1201(a) of title 17, United States Code, shall have no force and effect, and such paragraph shall read, and shall be in effect, as such paragraph was in effect on July 27, 2010.

    (b) Rulemaking.--Not later than 1 year after the date of enactment of this Act, the Librarian of Congress, upon the recommendation of the Register of Copyrights, who shall consult with the Assistant Secretary for Communications and Information of the Department of Commerce and report and comment on his or her views in making such recommendation, shall determine, consistent with the requirements set forth under section 1201(a)(1) of title 17, United States Code, whether to extend the exemption for the class of works described in section 201.40(b)(3) of title 37, Code of Federal Regulations, as amended by subsection (a), to include any other category of wireless devices in addition to wireless telephone handsets.

    (c) Rule of Construction.--Nothing in this Act alters, or shall be construed to alter, the authority of the Librarian of Congress under section 1201(a)(1) of title 17, United States Code.

    ______ By Ms. HIRONO (for herself, Mr. Begich, Mr. Cardin, Mr. Durbin, Mr. Franken, Mrs. Gillibrand, Mr. Johnson of South Dakota, Mr. Lautenberg, Mrs. Murray, Mr. Schatz, Mr. Schumer, and Mr. Wyden): S. 519. A bill to amend the Elementary and Secondary Education Act of 1965 to improve early education; to the Committee on Health, Education, Labor, and Pensions.

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