(CNN) -- It's about to get more difficult to move between smartphone carriers and still keep your existing phone.
Smartphones purchased
after Saturday can't be legally unlocked without permission from the
carrier, according to a recent ruling by the Library of Congress.
Congress passed the Digital Millennium Copyright Act in
1998, making it illegal to access copyrighted content and break digital
rights management technologies. The software that locks a smartphone to
one carrier is covered by the act, and unlocking a phone is the process
of freeing a device so that it can be used with a different wireless
carrier.
The Library of Congress has
the ability to grant exemptions to the Digital Millennium Copyright
Act, which it has done in the past for smartphone users who wished to
unlock their phones. That changed with the most recent group of
exemptions that went into effect October 28, but the switch included a
90-day grace period that ends Saturday, as TechNewsDaily pointed out.
The new policy only
applies to new locked phones purchased after Saturday, meaning it will
still be legal to unlock phones purchased before January 26 without
permission.
One way to get around the
requirement is to buy a full-priced unlocked phone that doesn't have a
contract, but doing so adds hundreds of dollars to the phone's price
tag. Carriers subsidize the costs of smartphones to draw new customers
in with contracts, usually for two years, and then make back the money
from monthly voice and data bills.
In its latest ruling, the
Library of Congress decided the software on a phone is only licensed to
the end user, meaning they don't own it, so therefore the software is
not covered by fair-use rules.
Groups that lobbied to
keep the exemption argued that making unlocking illegal is
anti-competitive and could result in costlier phones and more electronic
waste since some consumers would have to buy a new device to switch
carriers.
But the final ruling says
there are more options now for obtaining an unlocked phone than in
previous years. Many phones are available unlocked for full price, and
carriers do have policies in place for unlocking phones. Currently the
rules vary from carrier to carrier.
For example, AT&T will unlock an iPhone for current or past customers as long as all contracts have been fulfilled. And Verizon's iPhone 5 is usable on AT&T's network.
However, it's unclear whether carriers will tighten these rules about unlocked phones in the future.