[Fed-Talk] Re: US Gov't Makes Jailbreaking Legal
[Fed-Talk] Re: US Gov't Makes Jailbreaking Legal
- Subject: [Fed-Talk] Re: US Gov't Makes Jailbreaking Legal
- From: "IT2 Stuart Blake Tener, USNR" <email@hidden>
- Date: Thu, 29 Jul 2010 14:52:07 -0400
List members,
Please take notice that I represent only my own views here, and not
those of the US Navy Reserve, my civilian employer, or anyone I have
ever worked for.
It really does not matter what the Library of Congress has to say
relative to the DMCA regarding fair use, or what Apple's EULA says
either, jailbraking is absolutely criminally illegal anyway, at least
within the US.
Huh? How???
Let us all remember that the iPhone is a communications device, and
thus, as such, subject to type acceptance pursuant under FCC rules
(the FCC also being a legislative creation at the pleasure of Congress).
My understanding is that it is illegal (relative to mobile phone and
other FCC controlled communication services) to modify a type accepted
device for use (even within the same communications service) without
having it submitted for type acceptance again by the FCC (granted, as
an Amateur Radio Operator there are certain devices I can modify and
not require them to be type accepted again prior to usage, but those
are all devices within the Amateur Service).
Changing the software within a type accepted device asserts a level of
modification so significant that I am quite sure the FCC would impel
the device to be type accepted again (absent perhaps an FCC waiver
based on a disclosure of how minor the software changes might be). I
am reasonably sure that no jailbroken phone has ever been submitted to
an FCC type acceptance lab of competent authority for approval. Thus,
if you jailbrake your phone, you are already doing something illegal
to start with the moment you turn it on thereafter.
Very Respectfully,
Stuart B. Tener, IT2, USNR
Computer Scientist, IBM
--
IT2 Stuart Blake Tener, USNR, N3GWG (Extra), MROP
Beverly Hills, CA / Las Vegas, NV / Philadelphia, PA / Washington, DC
mobile: (310) 358-0202
Nextel: 124*233172*14 (direct connect)
e-mail: email@hidden
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