unlocking legislation

[gsmxunlocking]

Hello people,

Can anyone please tell me in which countrys isn't ilegal unlocking mobile phones?

I think countrys like romania, russia, netherlands is legal unlocking phones!

Can anyone confirm and please inform me about any more countrys?

thank you

[nab]

UNLOCKING handsets is NEVER LEGAL, its ILLEGAL IN MOST WESTERN STATES, but in others they haven't passed the necessary ENFORCEMENT laws.

[nab]

Before you all start posting ... almost every country ha a copyright , patent and trademark laws. These makes any reprogramming illegal as the equipement protocols and communication details are patented and protected by copyright laws.

[gsmxunlocking]

yeah... unlocking is never legal..

what i want to know is in which countrys there is no legislation about this issue yet!!

tkx

[mr_x4you]

What about providers,that are selling locked phones, is this legal ???

[Alinus]

when u buy a phone for them - they offer it at a lower price because u but their services as well

the lower price of the phone - the lock on it - and the subscription - are all part of a contract.

u can take it or leave it - but once u have take it - it means that u have accepted the terms...

all is legal there...
if u don't want a locked phone - the only solution is to buy from the mannufacturer

[Salami1_1]

unlocking without alterling software is just legal....
like with eeprom tools.. or just codes...
Here in Ther Netherlands it's just legal to do...
of course having flash files on your computer is illegal

WBR

Salami1_1

[Bph&co]

Originally posted by nab
Before you all start posting ... almost every country ha a copyright , patent and trademark laws. These makes any reprogramming illegal as the equipement protocols and communication details are patented and protected by copyright laws.

Hi,

So you say Mbus, Fbus, low level flashing protocol are Nokia registered patents ?

In this case LogoManager is as illegal as IMEI changing
software, right ?

I2C is registered Philips patent, it is illegal to use it unless you're
licenced to do so. So maiking your own 24x programmer or selling
one can put you away for good. How many people you know in
jail because of that ?


BR

[75133]

My understanding in the UK it's against the law if you reprogramme the IMEI number of a phone or if you have the software/equipment on you or on your machine capable of IMEI changing it's also against the law to sell such software and/or equipment.

Surely it's not against the law to have flash files as well (is it?)


Stolen mobiles to be made unusable BBC Article:
http://news.bbc.co.uk/hi/english/uk/...00/1838960.stm

BBC Article: http://news.bbc.co.uk/hi/english/sci...00/1966381.stm

Mobile phone thieves could face a five-year prison sentence under new proposals unveiled by the government.
A Bill published by the Home Office on Friday will make it a criminal offence to reprogram stolen phones to create a new number so they can be used again.

The new tougher penalties aim to curb the growing menace of mobile phone related street crime.

Those found guilty of reprogramming could face jail terms of up to five years or unlimited fines.

The new Mobile Telephones (Reprogramming) Bill would also make it illegal to own or supply any of the equipment for reprogramming handsets.

The Bill has been welcomed by police and the phone industry.

Home Office minister John Denham said: "Mobile phone thefts have been a key factor in rising street crime - stolen mobiles are now involved in 50% of all robberies in London.

"The Bill being published today builds on the concerted action being taken across government to tackle street crime."

Violent attacks

Tim ***win, a Deputy Assistant Commissioner (DAC) of the Metropolitan Police, said: "Mobile phones are quickly turned into cash by thieves.

"This measure will reduce their value to a thief and therefore we strongly support and welcome it."

About 700,000 mobile phones were stolen last year, many in violent attacks.

Mobile phone operators have already agreed to exchange lists of the unique 15-digit handset identity numbers, known as the International Mobile Equipment Identity (IMEI) numbers, which are programmed on manufacture.

Thus, when a phone is reported stolen, its number can be recognised by other networks and they can refuse to connect it.

Disguise

However, this system alone does not make stolen handsets impossible to use.

Some thieves with specialist software can still change the handset identity number, or alter it to disguise its origin.

This makes it impossible for the manufacturers to trace the handsets, and they can then be sold on.

Phone security experts have for some time been calling for the changing of the IMEI number to be made illegal.

Jack Wraith, of the Mobile Industry Crime Action Forum, said the Bill would help reduce thefts.

"The activities of individuals involved in the reprogramming of stolen mobile devices has, for too long, allowed stolen mobile phones to be reprogrammed with impunity," he said.

[75133]

Im sorry in my eagerness to contibute to this thread I posted the wrong story this is the one you should read.

214/2002 Home Office

24 July 2002

STOLEN PHONES TO BE PUT OUT OF ACTION - DENHAM

The Mobile Telephones (Re-programming) Bill, a key plank of the
Government's strategy to put stolen mobiles out of action and remove their value to thieves, received Royal Assent today.

The Act makes it illegal to re-programme the unique identifying
(IMEI) number on a stolen phone or to possess the equipment with intent to do so, or to supply or offer to supply the equipment to someone for that purpose. Re-programming the IMEI number means a phone could continue to be used even if reported stolen and barred.

By the end of September a new shared database set up by the major network operators will enable stolen phones to be barred across all networks by reference to the IMEI number. Together, the new legislation and database will remove much of the incentive for stealing phones by making them useless to criminals.

Minister for Police and Crime Reduction, John Denham, said:

"Mobile phone robbery has been one of the key factors underpinning the rise in street crime. Recent figures for the Metropolitan police show phones were the sole target in 31% of all robberies and snatch thefts in London.

"We have been working closely with industry and the police on a
strategy to remove the incentive for stealing phones by reducing or removing their value to thieves.

"From this Autumn a new shared database will mean stolen phones can be barred from use on any network using the unique IMEI number. The Mobile Telephones (Re-programming) Act will support this important measure by making it illegal to re-programme the IMEI.

"Reporting your phone stolen will help us send a clear message to
thieves - stolen phones don't work."

The new offences will come in to force from the Autumn to coincide
with the implementation of the operators' new shared database. They will carry a maximum penalty of 5 years' imprisonment and unlimited fines.

Tim ***win, Deputy Assistant Commissioner of the Metropolitan Police Service and the Association of Chief Police Officers lead on mobile phones, said:

"On behalf of ACPO and the Metropolitan Police, I fully endorse and welcome this legislation. The proliferation of mobile phones has increased the opportunity for criminals to commit robbery and street theft. Mobile phones account for fifty per cent of street crime in London alone. The ease by which they can be re-programmed and sold on has made them attractive to criminals. The effect of this legislation, together with joint activity by mobile phone service providers to bar stolen phones, will significantly reduce the value to a thief."

Jack Wraith, Executive Secretary of the Mobile Industry Crime Action Forum (MICAF), said:

"We welcome this legislation that will, together with other crime
initiatives taken recently, help reduce the incidents of mobile phone thefts. The activities of individuals, involved in the re-programming of stolen mobile devices, has for too long, allowed stolen mobile phones to be re-programmed with impunity.

This Act together with IMEI barring will address this shortcoming and demonstrates the Government commitment to working with the industry in tackling mobile phone theft. Without the Act the recently announced initiatives by the UK Networks will be negated and the activity to re-programme phones already on the increase will dramatically rise."

[75133]

As you can see Unlocking phones is OK but re-programming phones or having the software on you is a crime.

Happy unlocking!!

118/2002 Home Office

3 May 2002

BILL TO TACKLE MOBILE PHONE THEFT PUBLISHED

A Bill aimed at tackling the rise in mobile phone theft is published
by the Home Office today.

New offences in the Bill could mean five years in prison and
unlimited fines for those re-programming stolen mobile phones.

The Bill is a key measure in the Government and industry's strategy to make stolen phones of little use or value. It backs moves by mobile phone operators to bar stolen phones from their networks.

The Mobile Telephones (Re-programming) Bill contains proposals that would create new offences of:

- Changing the unique identifying characteristic of a mobile phone , the IMEI number; and

- Owning or supplying the necessary equipment with the intent to use it for re-programming mobile phones.

Mr Denham said:

"Mobile phone thefts have been a key factor in rising street crime - stolen mobiles are now involved in 50% of all robberies in London.
The Bill being published today builds on the concerted action being taken across Government to tackle street crime.

"Mobile phone operators will soon have the necessary systems in place to enable them to bar stolen phones across all networks , putting them out of use.

"But if the unique ID, or IMEI, number is changed on a stolen phone, it could continue to be used. This Bill would mean those seeking to change the IMEI on a phone could face five years in prison.

It makes re-programming stolen phones a crime in its own right and backs up police efforts to tackle handling of stolen goods.

"There is no legitimate reason to re-programme a mobile phone. Those doing so run the risk of heavy penalties , penalties they deserve because they are fuelling violent street crime."

Association of Chief Police Officers representative and Deputy
Territorial Policing, London, DAC Tim ***win said:

"Mobile phones are property that account for 50% of street robberies in London. This is because they are quickly turned into cash by thieves. This measure will reduce their value to a thief and therefore we strongly support and welcome it."

Jack Wraith, Executive Secretary for the Mobile Industry Crime Action Forum said:

"Members of the Mobile Industry Crime Action Forum welcome the
introduction of this Bill which we feel certain will, together with
the other crime initiatives taken recently, help reduce the incidents of mobile phone thefts.

"The activities of individuals, involved in the re-programming of
stolen mobile devices, has for too long, allowed stolen mobile phones to be reprogrammed with impunity. This Bill together with IMEI barring will address this shortcoming and demonstrates the Government commitment to working with the industry in tackling mobile phone theft."

The Home Office has also issued advice to mobile phone owners
encouraging them to take simple measures that will help reduce the risk of having their phone stolen.

NOTES TO EDITORS

1. An IMEI number is a unique 15-digit serial number for each mobile phone. It can be accessed by keying *#06# into most phones, or by looking behind the battery of the phone.

2. Existing GSM (Global System for Mobiles) security standards
require that IMEI numbers should be hardcoded to prevent
re-programming. The relevant Third Generation Partnership Project GSM standard states that:

The IMEI shall not be changed after the Mobile Equipment's final
production process. It shall resist tampering, ie manipulation and
change, by any means, e.g. physical, electrical and software.

The implementation of each individual module should be carried out by the manufacturer who is also responsible for ascertaining that each IMEI is unique and keeping detailed records of produced and delivered Mobile Stations (mobile phones).

This requirement is valid for new GSM phones type approved after 1st June 2002 and with immediate effect for the development of 3G devices. The GSM Association has no actual powers to enforce the adoption of the new hardened IMEI.

3. The Government is continuing to press manufacturers to improve the security of the products and comply with the European standards that require hard-coding of mobile phones with IMEI numbers that cannot be changed.

4. The new offences could be heard in either magistrates' courts or the Crown Court. If dealt with by magistrates offenders could face the maximum penalty available in magistrates' courts of up to six months imprisonment or a #5,000 fine, or both. If the case is heard in the Crown Court the maximum penalty would be up to five years imprisonment or an unlimited fine, or both.

5. The Home Office's Mobile Phone Steering Group was set up in
January 2001 by the then Home Secretary.

6. The Home Office advises that mobile phone owners should:

- Use your phone's security lock code or PIN number

- Make a note of the IMEI number of your phone and report it to the police if your phone is stolen

- Security mark your phone with your postcode and street number

- Register your phone with the operator , this will enable them to
bar the phone if stolen

- Avoid displaying your phone in public. Always remain aware of your surroundings when using your phone.

[nab]

UNLOCKING PHONES IS NOT LEGAL!!!!!!

The protocols used by logomanger are available from nokia for developers!
the service one are NOT! These service ones tm and c nokia as are all flashfiles and other s/w inside the phone.

[er2000]

Originally posted by nab
UNLOCKING PHONES IS NOT LEGAL!!!!!!

The protocols used by logomanger are available from nokia for developers!
the service one are NOT! These service ones tm and c nokia as are all flashfiles and other s/w inside the phone.

come on nab,s!
i have been all thru this
i got sued by ericsson and motorola for unlocking
i got nothing after 4 years judge stated unlocking is legal
since the provider is giving me no possibilety to check the phone on other networks and that is illegal

secondly: i want to see the first conviction by law

if i type any unlock code in the phone and it opens!
do you think its in nokia,s interest in how i do that? and put the algo on the street ;-)

no nab,s been there done that

as long as you use YOUR software they can,t do crap!
if you use one of their flashfiles in their algorithm ;-) and encryption , you are violating copyrights

there for neelix 1 is legal and so is neelix 2
we do use NO official firmware or bootloaders that are removed form their program
we use our own extentions and encryption
also it is said by law that you MAY have one copy of your phone as a backup , like 1 cd of windows xp is the firmware of a phone the same
even you CAN make your own improvements of the files
AS LONG you do not distribute them
however this informnation can be shared on ANY forum lucky us..........

reg Sandor

(convicted for finding one original ericsson 788 flashfile on my system)

[nab]

cheers ER2000, you are right, you have more experiance and that i respect!! Why does nokia shut down all firmware sites ? Your s/w is legally ok as you don't officially supply wintesla/pheonix flash files, but to own or use wintesla flashfiles, is that not illegal ? You are right it is not such a serious offence, but if the law wants to get you they will find ANY excuse they can ...


Take care for now.

[Bph&co]

Originally posted by nab
UNLOCKING PHONES IS NOT LEGAL!!!!!!

The protocols used by logomanger are available from nokia for developers!
the service one are NOT! These service ones tm and c nokia as are all flashfiles and other s/w inside the phone.

Very well, so how does this make using Mbus protocol illegal ?

BR