Lujan Votes Against Bill that Limits Consumers' Ownership Rights

Press Release

Congressman Ben Ray Luján of New Mexico's Third District voted against legislation this evening that was originally aimed at allowing consumers to switch mobile networks without having to buy a new phone -- or "unlock" their phone -- but was changed at the last minute in a manner that weakens consumers' ownership rights.

"While this is a complex issue, what is at stake is straightforward. This is not just about the ability to unlock a phone and choose your mobile network, it is about the use of copyright laws to limit the freedom and choices of consumers," Congressman Luján said. "Instead of clarifying a questionable legal interpretation that prevents consumers from using their electronic devices for legal purposes, this bill legitimates that decision and allows anti-competitive practices to become legally enforceable. Many would agree that consumers should be able to unlock their phone or use electronic devices for legal purposes without running afoul of copyright law. Unfortunately this bill does not provide the straightforward solution that it did before the bill was changed."

At issue is a ruling by the Librarian of Congress that decided removing locks on cell phones violates the Digital Millennium Copyright Act. H.R. 1123, originally was written to replace this ruling with an earlier decision that cellphone users could unlock their phones without violating copyright law.

H.R. 1123 passed out of the Judiciary Committee with bipartisan support, but was changed before coming to the House floor to make the unlocking of phones in bulk for the purpose of reselling them a violation of copyright law. Rather than overturning the ruling by the Librarian of Congress, the bill put on the floor tonight allows copyright law to limit the freedom of consumers to use their phones as they choose. As a result of this last minute change by the by House Republicans, consumer groups Public Knowledge and the Electronic Frontier Foundation withdrew their support for the legislation.

Source