Jailbreaking describes practices that allow device users to install or remove software of their choosing. Jailbreaking or rooting require circumventing access controls imposed by the manufa cturer that would otherwise prevent such modification. The Register of Copyrights has recommended, and the Librarian of Congress has enacted exemptions relating to jailbreaking in three previous triennial rulemaking cycles, beginning in 2010.
The 2010 and 2012 exemptions covered computer programs on “wireless telephone handsets.” 2 In 2015, the Librarian enacted a broader exemption covering
[c]omputer programs that enable smartphones and portable all - purpose mobile computing devices to execute lawfully obtained software applications, where circumvention is accomplished for the sole purpose of enabling interoperability of such applications with computer programs on the smartphone or device, or to permit removal of software from the smartphone or device. For purposes of this exemption, a “portable all - purpose mobile computing device” is a device that is primarily designed to run a wide variety of programs rather than for consumption of a particular type of media content, is equipped with an operating system primarily designed for mobile use, and is intended to be carried or worn by an individual.
Besides broadening the category of devices subject to the exemption, the 2015 rule also acknowledged additional reasons to jailbreak computing devices: to remove unwanted software, and to enable timely operating system upgrades and security fixes.
This year, as part of the newly instituted process for renewing previously granted exemptions, the Acting Register announced that she intends to recommend renewal of the 2015 jailbreaking exemption for the 2018 - 2021 period.
The renewal and expansion of these exemptions reflects how the family of personal computing devices containing firmware access controls has evolved and become part of everyday life, along with the corresponding need to circumvent those access controls in order to adapt those devices to make them more efficient and effective.
Source : https://boingboing.net/2017/12/18/the-green-exemption.html