Re: [Fed-Talk] Re: US Gov't Makes Jailbreaking Legal
Re: [Fed-Talk] Re: US Gov't Makes Jailbreaking Legal
- Subject: Re: [Fed-Talk] Re: US Gov't Makes Jailbreaking Legal
- From: "Blackmon Jerry (Contractor)" <email@hidden>
- Date: Fri, 30 Jul 2010 06:37:10 -0400
- Acceptlanguage: en-US
- Thread-topic: [Fed-Talk] Re: US Gov't Makes Jailbreaking Legal
In my lay opinion, seems to me what you're saying here would make any sort of modification to the phone illegal, including "ordinary" apps. If that were the case, the iPhone itself would have been deemed illegal and never allowed to hit the market. I'd imagine FCC rules apply strictly to radio waves and how the hardware itself makes use of those and not any higher level software on the phone that has nothing to do with how the radios function.
>From what I've seen of jailbreaking, it doesn't change the way the phone works, it just circumvents software blocks Apple has in place to stop you from doing specific things. That COULD have something to do with FCC regs, but if it did, I'd think we'd have heard tell of the gestapo kicking people's doors in and hauling them off to Guantanamo for "questioning." After you buy the device and modify it, doesn't that absolve Apple of any legal responsibility for how you use it beyond the scope of any warranty coverage you may have?
--
Jerry L. Blackmon II <email@hidden>
Senior Systems Administrator
Open Technology Group (Contractor)
OITO, Bureau of Engraving and Printing
"The more I learn about computers, the more I like my pencil." -- Susan Katz
On Jul 29, 2010, at 2:52 PM, IT2 Stuart Blake Tener, USNR wrote:
> 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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