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H.R. 1123

Unlocking Consumer Choice and Wireless Competition Act

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 such owner-directed unlocking from being construed to: (1) permit the unlocking of devices for the purpose of bulk resale, or (2) authorize the Librarian to authorize circumvention for such purpose.

Received in the Senate and Read twice and referred to the Committee on the Judiciary.

Rep. Goodlatte, Bob [R-VA-6](R-VA)Sponsor
10 cosponsors7 D3 R
10cosponsors2committees19actions1related bills7subjects
  • Referred in SenateFeb 26, 2014
  • Engrossed in HouseFeb 25, 2014
  • Reported in HouseFeb 25, 2014
  • Introduced in HouseMar 13, 2013
  1. IntroReferral

    Received in the Senate and Read twice and referred to the Committee on the Judiciary.

  2. FloorH37300

    On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 295 - 114 (Roll no. 64). (text: CR H1904-1905)

  3. Floor8000

    Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 295 - 114 (Roll no. 64).(text: CR H1904-1905)

  4. FloorH30000

    Considered as unfinished business. (consideration: CR H1922-1923)

  5. FloorH37220

    At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

  6. FloorH8D000

    DEBATE - The House proceeded with forty minutes of debate on H.R. 1123.

  7. FloorH30000

    Considered under suspension of the rules. (consideration: CR H1904-1912)

  8. FloorH30300

    Mr. Goodlatte moved to suspend the rules and pass the bill, as amended. (consideration: CR H1904)

  9. CalendarsH12410

    Placed on the Union Calendar, Calendar No. 264.

  10. CommitteeH12200

    Reported (Amended) by the Committee on Judiciary. H. Rept. 113-356.

  11. Committee5000

    Reported (Amended) by the Committee on Judiciary. H. Rept. 113-356.

  12. Committee

    Ordered to be Reported (Amended) by Voice Vote.

  13. Committee

    Committee Consideration and Mark-up Session Held.

  14. Committee

    Subcommittee on Courts, Intellectual Property, and the Internet Discharged.

  15. Committee

    Subcommittee Hearings Held.

  16. Committee

    Referred to the Subcommittee on Courts, Intellectual Property, And The Internet.

  17. IntroReferralH11100

    Referred to the House Committee on the Judiciary.

  18. IntroReferralIntro-H

    Introduced in House

  19. IntroReferral1000

    Introduced in House

Feb 25, 201436

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 such owner-directed unlocking from being construed to: (1) permit the unlocking of devices for the purpose of bulk resale, or (2) authorize the Librarian to authorize circumvention for such purpose.

Mar 13, 2013

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).

Unlocking Consumer Choice and Wireless Competition Act — Informed