Don’t Treat Consumers Like Criminals

[Commentary] The House Judiciary Committee will hold a much-needed hearing on cellphone unlocking. At stake is whether wireless consumers can be prosecuted for what, not long ago, was considered a routine practice.

Let’s go back to the free market. Let’s allow contract law — not copyright or criminal law — to govern the relationship between consumers and wireless carriers. The free market for mobile devices and wireless service has been a dramatic success. As the Federal Communications Commission reported earlier this year, prices in the wireless market are down, and investment is up. More manufacturers are developing innovative mobile devices, and consumers are reaping the benefits. Wireless carriers certainly don’t need the federal government’s help. But in a free market, once a consumer’s contract expires, she should be able to take her device to another carrier. The government shouldn’t tilt the scales with legal penalties; it should leave the mobile marketplace alone.