This letter is also available in
PDF format.
Assistant Secretary Larry Strickling
National Telecommunications and Information Administration
Herbert C. Hoover Building (HCHB)
U.S. Department of Commerce / NTIA
1401 Constitution Avenue, N.W.
Washington, D.C. 20230
October 13, 2009
Dear Assistant Secretary Strickling:
The undersigned, collectively the Ad Hoc Public Interest Spectrum
Coalition (PISC), urge you to support two proposed exemptions to the
Digital Millennium Copyright Act (DMCA) relating to mobile phone handsets
that are currently being considered by the U.S. Copyright Office.
The Librarian of Congress and U.S. Copyright Office will soon conclude
the 2009 triennial DMCA rulemaking, as mandated by Congress in 17 U.S.C.
§ 1201(a)(1)(C). The statute requires the Copyright Office to
consult with you prior to issuing its recommendations to the Librarian of
Congress.
As explained further in the attached comments submitted by PISC to the
Copyright Office, the proposed exemptions, identified as Classes 5A and
5D by the Copyright Office, would enhance consumer choice and promote
competition in the wireless market. The exemption for Class 5A would make
it clear that consumers need not fear DMCA liability for using the lawful
applications of their choice on the phones they buy. The exemption for
Class 5D would make it clear that consumers need not fear DMCA liability
for “unlocking” their phones for use with the wireless
carrier of their choice. Federal Communications Commission (FCC) Chairman
Genachowski recently reiterated the FCC’s commitment to policies
that promote open applications and open devices as key components of
proper telecommunications policy for the Internet, and we believe these
exemptions are a necessary part of that agenda.
These proposed DMCA exemptions will not, by themselves, solve all the
problems created by handset exclusivity arrangements between carriers and
handset manufacturers. But granting these exemptions is an essential part
of the solution. Without these exemptions, dominant carriers and handset
manufacturers can use the threat of DMCA liability to intimidate
consumers, disadvantage independent and rural carriers, and hamper the
efforts of the FCC to make policy in this area.
Thank you for your attention to this important issue.
Sincerely,
Mark Cooper, Consumer Federation of America
Joel Kelsey, Consumers Union
Ben Scott, Free Press
Andrew Jay Schwartzman, Media Access Project
Michael Calabrese, New America Foundation
Gigi Sohn, Public Knowledge
Cc
Mr. Stacy Cheney, Counsel, NTIA
Mr. Daniel Weitzner, Associate Administrator, NTIA
Mr. Dennis Amari, Senior Policy Advisor, NTIA
Post to Twitter