Yes, Virginia, you are a criminal

Loyal reader and security researcher DW writes:

In regards to the jailbreaking article I thought I should ask you something.  I have already been able to properly hack and manage my LG 3450 Verizon Phone.  The amusing thing is now that I adjusted advanced settings the computers at the Verizon Store no longer recognize the phone but it works like a champ and is fully updated with the latest operating system.  It also has a unique operating system, according to LG, and Bitpim does not include it in their list so it may be more difficult to hack into it.

It is an old flip phone with a stub antennae but is so much cooler than the modern Samsung Intensity II that I also own.  The problem with the Samsung Intensity II is that because of the internal antenna it does not pick up carrier towers from as far away.  Sometimes, I do not get or receive text messages.  I already have had the cell phone replaced for free with a refurbished one.  Finally, it has Carrier IQ, which Verizon Wireless does not enable, but it is on Samsung phones as well as HTC phones. So now I consider my newer cell phone a piece of crap.  The only extra features I like are the Qwerty keyboard and camera that my LG 3450 cell phone lack.  So Glenn, I ask you, am I a criminal now that I jailbroke my LG 3450 cell phone that has been discontinued by Verizon Wireless?  <Grin>

To paraphrase a famous quotation, Yes, DW, you are a criminal. It’s funny to say, and I say it flippantly, but it’s also true. Under current laws, and even more so under coming legislation, you have at the very least violated your Verizon contract’s Terms of Service, as well as circumventing built-in protection measures, which likely could result in criminal charges under the DMCA. Plus other secret stuff we don’t even know about yet. You have become a Subversive, by subverting the device you own to your own purposes. Doesn’t it seem like that’s an important part of freedom?