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SFLC Files Comment with FCC Arguing Against Overbroad Rules Prohibiting User Modification of Software on Wireless Devices

October 13, 2015

On Friday, October 9th, 2015 the Software Freedom Law Center (SFLC) submitted a comment with the United States Federal Communications Commission, which has proposed a number of revisions to its rules and regulations concerning approval of wireless devices. Notice of Proposed Rule Making, ET Docket No. 15-170. SFLC takes the position that the Commission does not possess the legal authority to adopt a rule that regulates the software running in devices that does not affect the operation of RF transmitters or create interference. SFLC further argues that, even within the scope of the Commission's regulatory jurisdiction, the Commission must tread carefully to avoid over-regulating radio frequency device software to the detriment of user innovation and after-market software modification. SFLC also urges the Commission to issue a policy statement (1) supporting the use of community developed or free software in networking devices; (2) recognizing the overwhelming social benefits generated from the high-quality software produced by non-profit communities; and (3) stating that preferring proprietary software over software whose source code is publicly available does not meaningfully enhance the security of software.

The comment is available on our site.

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