Here's a relevant Federal law. http://www.usdoj.gov/criminal/cybercrime/1029NEW.htm
It might also be covered under some state laws. There might also be other federal laws involved. I'm not qualified to render a legal opinion, but this particular law is written to deal with the issue of changing the ESN for unauthorized use of telecommunications services (among other things). However, since the IMEI isn't really used for authentication, it doesn't sound like the law would cover changing the IMEI. Now, cloning a SIM might well be covered. I really don't know. On Friday, Dec 17, 2004, at 14:01 US/Pacific, Ramon F. Kolb wrote: > > There's a difference between you getting phones for testing purposes > under > strictly controlled conditions, and someone buying a phone in a store. > We > work here all the time with models that are not even close to getting > to > market, that are soft-tooled (i.e. they have a generic, hacked-together > plastics), and that can't even leave the locked, privileged lab area > without > prior written permission from the company that gave us those phones. > > If you buy it in the store, it's yours. There are certain restrictions > on > what you can do with it (such as: you cannot reverse engineer the > software > or hardware, make changes to the software components (which doesn't > include > throwing away a version software and putting something new in there), > etc. > > In short: the EMEI is part of the hardcoded software setting of the > phone, > which identifies the phone. It may not be changed (although it would be > interesting to figure out exactly where that's written down: if it's > part of > the EULA, FCC certification, or part of the law). The locking is a > software > setting that doesn't change the code, which is meant to be able to be > removed under certain circumstances (i.e., you knowing the code). > > Having said that, the mobile operators are really not happy with people > using phones that have not been qualified for their network. > Especially with > phones that have never been on any network, or with software changes > in the > radio (GSM) parts that have never been tested on a network, as this > poses a > risk to them. You can't really avoid this, as a network will see phones > roaming on it that are not normally seen, but at least they have been > "generally" tested on the originating network. > > --Ramon > > _____ > > From: Robert W [mailto:[EMAIL PROTECTED] > Sent: Friday, December 17, 2004 4:41 PM > To: [EMAIL PROTECTED] > Subject: RE: [T-Mobile-US] Buying phone off eBay > > > I am not absolutely sure that is true. I work for a testing company, > and we > sign a statement that basically says that we understand that if we > allow a > phone that we have been given to test, to be modified to be used on > another > network; or allowed into the public domain; we are liable for loss and > other > legal damages... Doesn't that imply that unlocking it "for use on > another > network" is illegal? > > Matthew Stevens <[EMAIL PROTECTED]> wrote:There's nothing illegal > about > unlocking a phone. It's only illegal to modify > the IMEI of the phone. > > > Matthew Stevens > > AIM: KrazyKritterKK Y!: KrazyKritter > Mobile AIM: KKpcs Y!: KKMPhone > The Stevens' http://the-stevens.us > > -----Original Message----- > From: Donna Becker [mailto:[EMAIL PROTECTED] > Sent: Friday, December 17, 2004 10:33 AM > To: [EMAIL PROTECTED] > Subject: Re: [T-Mobile-US] Buying phone off eBay > > > <f the phone was originally produced for the same carrier that you use > (T-Mobile in this case), then a sim from another phone from that > carrier > should work > > > Yes - I understand about locking - you can unlock the 3595 for free. > On the > other hand I am trying to unlock a Siemens C61 and having a heck of a > time > using a serial cable and software. I didn't know it was illegal! > > Anyhow my question is IF you buy a T-MO phone off eBay - to use with > your > own T-MO service - do you still have to check the IMEI number? What > if the > phone was stolen? 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