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19 Cornell J. L. & Pub. Pol'y 795 (2009-2010)
The iPhone Jailbreaking Exemption and the Issue of Openness

handle is hein.journals/cjlpp19 and id is 801 raw text is: NOTE THE IPHONE JAILBREAKING EXEMPTION AND THE ISSUE OF OPENNESS Michael H. Wolk* The iPhone is a prominent example of an emerging breed of devices that use technological and legal protections to control the user experi- ence. Apple locks down the iPhone by adding a gatekeeper in charge of determining what users can and cannot do with the device. Apple main- tains that as the creator of the iPhone, it should be able to control the iPhone OS software, primarily to maintain a consistent user experience. Innovation advocates counter that, regardless of whether the user experi- ence is positive for iPhone users, users should be able to choose to jail- break their iPhones so that they can use their device as they see fit, instead of being limited to Apple-approved uses. The Digital Millennium Copyright Act currently reinforces Apple's legal grip on the iPhone OS. Policymakers interested in innovation should reconsider this results, and revise the DMCA's anti-circumvention rules accordingly. INTRODUCTION ................................................. 796 I. PROTECTION MEASURES ................................. 799 A. Brief History of Copy Restrictions ................... 799 B. iPhone TPMs and Protections ...................... 800 1. Integrity Through Code Signing ................. 801 2. Encryption ..................................... 801 3. Defeating TPMs and Running Non-Apple Approved Apps ................................ 802 4. Sum m ary ...................................... 804 II. D M C A ................................................ 805 A . H istory ............................................ 805 B . The A ct ............................................ 806 C. DMCA Exemption Process .......................... 807 III. JAILBREAKING EXEMPTION .............................. 808 * B.A., Colby College, 2007; J.D. Candidate, Cornell Law School, 2010. I would like to thank the editors and associates of the Cornell Journal of Law and Public Policy for their help throughout this process, Professor Oskar Liivak for his advice and feedback on this note, Danny Fischler for providing an extra set of eyes, Robert Zemeckis and Ivan Reitman for inspiring my curiosity and imagination, and Marcia, Dennis, and Dee for their love, patience, and support.

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