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Thursday, September 18, 2014

Wireless in Lock in fact including software of device but in with Router becomes outside the intent Congress

Sec. 1. Short title. Section 1 sets forth the short title
of the bill as the ``Unlocking Consumer Choice and Wireless
Competition Act.''
Sec. 2. Repeal of Existing Rule and Additional Rulemaking
by Librarian of Congress. Subsection 2(a) reinstates an
exemption in paragraph (3) of section 201.40(b) of title 37,
Code of Federal Regulations, that was in effect on July 27,
2010. This exemption was made pursuant to the authority of the
Librarian of Congress as a part of his statutory authority
under Section 1201(a). This exemption, set forth in paragraph
(3) of section 201.40(b) of Title 37, Code of Federal
Regulations states ``(3) 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 the
computer program solely in order to connect to a wireless
telecommunications network and access to the network is
authorized by the operator of the network.''
Subsection 2(b) creates an expedited process to determine
whether or not the reinstated rule should cover other
categories of wireless devices. The Committee added this
provision to permit the Librarian of Congress to create parity
among devices with cellular connectivity. Although the language
of Subsection 2(b) does not limit the categories of devices
that connect to wireless telecommunications networks to be
considered, the Committee anticipates that this Subsection will
be most relevant to computer tablet devices that have the
ability to connect to wireless networks. The Committee expects
robust debate among interested parties before the resulting
Copyright Office rulemaking process concerning which additional
categories of devices, if any, should be exempt from the 1201
anti-circumvention restrictions. Given the technical
similarities among cellular connected devices, the Committee
expects the Register of Copyrights and Librarian of Congress to
either create a blanket exemption or no exemption in the future
for all cellular devices.
Subsection 2(c) allows an act of unlocking to be initiated
by the purchaser of a wireless telephone handset, by a family
member of such person, or by another person at the direction of
such purchaser or family member for the sole use or benefit of
such purchaser or family member. This circumvention must be
within the constraints of the exemption that had previously
been granted by the Librarian of Congress, that are adopted by
the Librarian based on the narrow additional rulemaking
authorized by this legislation, or that may be adopted for the
same purpose in subsequent proceedings under Section
1201(a)(1)(C). As reinstated, section 201.40(b)(3) of title 37,
Code of Federal Regulations, allows such acts of circumvention
to be initiated by the owner of the copy of the computer
program on the phone that enables it to connect to a wireless
telecommunications network, and then only when performed solely
in order to connect to a wireless telecommunications network
and such access is authorized by the operator of the network.
For accuracy, the Committee notes that language of the
exemption adopted by the Librarian should have referred to the
owner of the device, rather than the owner of the copy of the
computer program since most computer programs are licensed,
rather than sold, although the Committee believes that the
difference in language has no substantive effect. However, the
Committee will change the language of this legislative
provision accordingly in future actions.
As these limitations imply, the legislation does not grant
the Librarian authority to authorize circumvention in any other
context in which the Librarian may grant an exemption under
Section 1201(a)(1)(C). The Committee understands that unlocking
a handset to enable it to connect to the network of another
carrier typically involves the simple entry of a code, the code again
is The NEXUS of user party with third party in no way such move of
protection is authorized to Direct Service Line (DSL) as such in
contract of provider but again Wireless is the lessor of the DSL and
and fail in Equal Rights protection unless within Miranda Advisement
and Warrant of Judiciary Jurisdictions such use of tablet with Router
of Desktop to merge tablet into four party does again require Miranda
and Judicial Warrant but no such rule of Law apply of two party in
agreement the individual abuse or rights is outside of Judicial Branch
of State but comes within Secure of Personal effects again is beyond a
warrant without the Seal with Oath as true in other no violation of
Perjury of device.
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--
President of The United States
Guy Ralph Perea Sr President of The United States
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