Did the Library of Congress just say jailbreaking the iPhone is legal?

July 26, 2010 - By Justin E. Gehrke

Earlier this morning, the word began circulating that jailbreaking of the Apple iPhone will soon be a legal practice. Yes, you read that correctly…legal. According to an Associated Press story published earlier this morning, the U.S. Government, specifically the Library of Congress, triennially reviews approved exemptions and restrictions relating to copyright-protected material.

What this means is that the Library of Congress didn’t specifically say, “You may unlock and jailbreak your iPhone.” What they did do, though, is add some exemptions to DMCA Section 1201. This is the set of rules that governs approved exemptions for access-control technologies. Before your head starts to hurt from Government jargon, we’ll put it into plain English for you.

Previously, the law (circa 1998) said that people aren’t allowed to go around technical safeguards that manufacturers place on a device. This is basically what the various jailbreaking methods (i.e. Cydia, Spirit, and Blackra1n) do when they figure out how to get around Apple’s restrictions. They then organize the process up into a neat, user-friendly package and publish the information. In addition to simply unlocking the device, they also allow for the installation of third-party software, which hasn’t been approved by Apple.

Obviously, there are some significant ramifications to these changes that affect not just Apple, but other mobile device manufacturers, as well. The changes essentially allow users to legally unlock what may be an AT&T branded device for use on another GSM-enabled carrier, like T-Mobile. It also gives rise to the possibility that certain device security safeguards could be bypassed that could ultimately allow would-be criminals unhindered access to at least look for something to exploit. Simply looking for a way around wouldn’t be a criminal act. Based on both contestable aspects, it is highly likely that Apple and other interested companies will likely file some sort of legal challenge regarding the changes.

The complete statement, Librarian of Congress Announces DMCA Section 1201 Rules for Exemptions Regarding Circumvention of Access-Control Technologies, is posted on the Library of Congress website.