,i  #aacth ,,congress  #ast ,session    
,h4 ,r4 #ahib  ,,in ,,the ,,house ,,of  
,,representatives  ,may #h1 #bjac ,ms4  
,lofgren 7for herself1 ,mr4 ,massie1    
,mr4 ,polis1 and ,ms4 ,eshoo7 introduced
 the following bill2 which was referred 
to the ,committee on the ,judiciary1 and
 in addition to the ,committee on ,ways 
and ,means1 for a period to be          
subsequently determined by the ,speaker1
 in each case for consideration of such 
provisions as fall within the           
jurisdiction of the committee concerned 
,a ,,bill  ,to amend section #abja of   
title #ag1 ,united ,states ,code1 to    
require the infringement of a copyright 
for a violation of such section1 and for
 other purposes4  #a4 ,short title ,this
 ,act may be cited as the ,unlocking    
,technology ,act of #bjac4  #b4         
,infringement of a copyright required   
for anticircumvention prohibition  7a7  
,amendments ,section #abja7;a7 of title 
#ag1 ,united ,states ,code1 is amended--
  7#a7 in paragraph 7#a77;,a7--  7,a7 by

 amending the first sentence to read as 
follows3 ,no person shall1 in order to  
infringe or facilitate infringement of a
 copyright in a work protected under    
this title1 circumvent a technological  
measure that effectively controls access
 to that work42 and  7,b7 by adding at  
the end the following3 ,it shall not be 
a violation of this section to          
circumvent a technological measure in   
connection with a work protected under  
this title if the purpose of such       
circumvention is to engage in a use that
 is not an infringement of copyright    
under this title42  7#b7 in paragraph   
7#b7--  7,a7 in subparagraph 7,a71 by   
inserting after for the purpose of the  
following3 facilitating the infringement
 of a copyright by2  7,b7 in            
subparagraph 7,b71 by striking          
circumvent and inserting facilitate the 
infringement of a copyright by          
circumventing2 and  7,c7 in subparagraph
 7,c71 by inserting after for use in the
 following3 facilitating the            

infringement of a copyright by2 and     
7#c7 by redesignating paragraph 7#c7 as 
paragraph 7#d71 and inserting after     
paragraph 7#b71 the following new       
paragraph3  7#c7 ,it is not a violation 
of this section to use1 manufacture1    
import1 offer to the public1 provide1 or
 otherwise traffic in any technology1   
product1 service1 device1 component1 or 
part thereof that is primarily designed 
or produced for the purpose of          
facilitating noninfringing uses of works
 protected under this title by          
circumventing a technological measure   
that effectively controls access to that
 work1 unless it is the intent of the   
person that uses1 manufactures1 imports1
 offers to the public1 provides1 or     
traffics in the technology1 product1    
service1 device1 component1 or part to  
infringe copyright or to facilitate the 
infringement of a copyright4  4  7b7    
,report required  7#a7 ,in general ,not 
later than the end of the #i-month      
period beginning on the date of the     

enactment of this ,act1 the ,assistant  
,secretary for ,communications and      
,information of the ,department of      
,commerce shall submit to the committees
 described in paragraph 7#b7 a report   
on--  7,a7 the impact of section #abja  
of title #ag1 ,united ,states ,code1 on 
consumer choice1 competition1 and free  
flow of information2  7,b7 whether      
section #abja of such title should be   
reformed in part1 reformed entirely1 or 
repealed2 and  7,c7 barriers and        
challenges to such reform or repeal1    
including international trade agreements
 and treaties4  7#b7 ,committees ,the   
committees described in this paragraph  
are the following3  7,a7 ,the           
,committees on the ,judiciary and       
,energy and ,commerce of the ,house of  
,representatives4  7,b7 ,the ,committees
 on the ,judiciary and ,commerce1       
,science1 and ,transportation of the    
,senate4  #c4 ,network switching not    
infringement ,section #aag of title #ag1
 ,united ,states ,code1 is amended by   

adding at the end of the following new  
subsection3  7e7 ,network switching     
,notwithstanding the provisions of      
section #ajf1 it is not an infringement 
to copy or adapt the software or        
firmware of a user-purchased mobile     
communications device for the sole      
purpose of enabling the device to       
connect to a wireless communications    
network if--  7#a7 the copying or       
adapting is initiated by1 or with the   
consent of1 the owner of that device or 
the owner's agent2  7#b7 the owner of   
that device or the owner's agent is in  
legal possession of the device2 and     
7#c7 the owner of that device has the   
consent of1 or an agreement with1 the   
authorized operator of such wireless    
communications network to make use of   
that wireless communications network4  4
  #d4 ,harmonization of trade agreements
 ,the ,president shall take the         
necessary steps to secure modifications 
to applicable bilateral and multilateral
 trade agreements to which the ,united  

,states is a party in order to ensure   
that such agreements are consistent with
 the amendments made by this ,act4  #e4 
,effective date  7a7 ,amendments ,the   
amendments made by this ,act shall apply
 to acts carried out after the          
expiration of the #i-month period       
beginning on the date of the enactment  
of this ,act4  7b7 ,report ,sections    
#b7;b7 and #d shall take effect on the  
date of the enactment of this ,act4