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: "Villano, Paul Mr CIV USA TRADOC" <email@hidden>
- Date: Fri, 30 Jul 2010 15:28:57 -0400
- Priority: normal
I'm glad you mention TMobile because that was another question I had. Whenever I hear folks discussing changing carriers from AT&T for a future Iphone I always hear them talk about Verizon. Yet the only company I heard that is working on actually getting the Iphone is Tmobile. Is that because Verizon can't or won't support the hardware and bandwidth? Can both carriers support the hardware and bandwidth? What, if anything, does all this mean for the Army using Iphones in the future?
----- Original Message -----
From: "Wm. Cerniuk" <email@hidden>
Date: Friday, July 30, 2010 15:05
Subject: Re: [Fed-Talk] Re: US Gov't Makes Jailbreaking Legal
To: "Miller, Timothy J." <email@hidden>
Cc: "email@hidden" <email@hidden>, "IT2 Stuart Blake Tener, USNR" <email@hidden>
> Greetings,
>
> Are you working under the premise that Jailbreaking = Carrier
> Unlocking? Jailbreaking is simply to open the storage system up
> for modification. It is to allow the user to modify files, load
> files, etc.
>
> In order to perform a carrier unlock (aka switch from AT&T to
> Tmobile) the phone must have it's baseband firmware presences
> adjusted to talk to the new carrier. Different animal entirely.
> Might be illegal, don't know but the iPad offers this from the
> user interface.
>
> The interesting part of the discussion is the definition of
> modification. Every time a user loads a piece of software on the
> device, it is modifying the device. Jailbreaking the device is
> tantamount to what Apple does when iTunes talks to the device...
> Accessing the file system, making mods.
>
> It is an interesting quandary. When does the device stop being a
> phone and become a palmtop? Is an iPad a phone? I would argue that
> the iPad is just as much a phone as the iPhone :-) or not... and
> then when do the FCC rules stated below no longer apply?
>
> R / Wm.
>
> On Jul 30, 2010, at 9:42, "Miller, Timothy J." < wrote:
>
> > IIRC these are not criminal code violations, but civil code violations. Different.
> >
> > -- Tim
> >
> >
> >> -----Original Message-----
> >> From: fed-talk-bounces+tmiller=email@hidden [mailto:fed-
> >> talk-bounces+tmiller=email@hidden] On Behalf Of IT2 Stuart
> >> Blake Tener, USNR
> >> Sent: Thursday, July 29, 2010 1:52 PM
> >> To: email@hidden
> >> Subject: [Fed-Talk] Re: US Gov't Makes Jailbreaking Legal
> >>
> >> 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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