Jaden Medina

Professor. Gupta

12/10/23

CS300T

Navigating the Ethical landscape of Jailbreaking and Rooting Mobile Devices in today’s Era of Digital Copyright     

The contentious practices of jailbreaking an iPhone and rooting an Android phone have evolved as techniques of gaining illegal access to a device’s functions in the fast-paced world of mobile phone technology. As users desire greater control over their gadgets, the ethical implications of their behaviors become more prominent. This study dives into the complexities of jailbreaking and rooting, putting light on the ethical issues that users must carefully consider. Beyond personal liberties and customisation preferences, the research investigates the possible security dangers, intellectual property difficulties, and legal ramifications of such actions. The purpose of this inquiry is to better understand the complications surrounding the legality of jailbreaking and rooting within the context of the Digital Millennium Copyright Act (DMCA). Navigating this ethical terrain necessitates a careful investigation of the interaction between user empowerment and technology protections, highlighting the nuanced balance required to support responsible innovation in the dynamic arena of mobile devices.

Oxford Dictionary defines Jailbreaking the verb as “To modify the operating system of (a smartphone or similar device) to remove limitations imposed by the manufacturer, allowing the user to install unauthorized software or to access restricted files or settings.” As stated, jailbreaking is a way to break through the limitations set in place by different companies. The process of jailbreaking an operating system is relatively straightforward. First, one will have to download the application to the computer. After it is installed on a computer, one would have to plug the phone into the computer and then drag the application to the phone’s file. Finally, click trust and follow the instructions, and now the phone is jailbroken(Jansen et al.). Although jailbreaking can be as harmless as changing the icons of the applications on a  phone or the “theme” of a phone from dark mode to a different color, jailbreaking can be used to do more sinister things, such as pirating or even stealing/selling one’s information. When looking at rooting and trying to compare and contrast the two, the only difference is that the term jailbreaking is for the iPhone’s operating system, and the term rooting is for the Android’s operating system. As mentioned before, jailbreaking can be used to pirate various things on the internet. The Digital Millennium Copyright Act, or DMCA, is a federal law that was put in place to protect copyright holders from having their copyrighted material from being stolen on the internet(University et al. Act). DMCA has been made and put in place to protect the deceived makers and the app owners/ copyright holders.

When one buys a phone, whether it is an iPhone, Android, or another phone, the buyer has rights and freedoms to their own property. Whether that is buying more gigabits, the right to control and customize their phone, or the freedom to install whatever third-party application they want. Furthermore, these users also have a right to a sense of security. However, once a user implements these jailbreak or rooting methods/ applications onto their mobile devices, it opens the door to a large variety of security and privacy issues. For example, one of the risks of jailbreaking a mobile device is compromising the device’s security. When a mobile device user installs these programs onto their device, one of these things can happen. One, their personal information can be stolen and sold because the jailbreak they installed could have given a malicious person backdoor access to their device. Another risk of installing a jailbreak onto a mobile device is having the device damaged or corrupted. When trusting these programs, no one knows if the program will work correctly; if the device is not backed up to the cloud, the device may be compromised and severely damaged. What is shocking is that if the device is compromised, it can lead to the network being attacked or malware, spyware, or even a virus to be introduced to it (Kaspersky). According to McAfee, when one jailbreaks an iPhone and adds a third-party application to the iPhone, the iPhone can no longer receive regular iOS updates. It will not gain any of the security features and advancements that other Apple devices will receive. These issues are some of the risks if a user downloads a jailbreak, but as aforementioned, there are other uses for jailbreaking devices, such as pirating. The dictionary defines pirating as reproducing or using Someone else’s work or idea without their authorization. When one pirates somebody’s creative work, it is considered stealing. Although jailbreaking is harmless, Jailbreaking enables the user to use software piracy and have access to/distribute games and applications without the creator’s consent. Unfortunately, just installing a Jailbreak, let alone piracy, is a violation of the software’s licensing agreement(Kaspersky). This has severe ramifications and implications for the owners of the apps and the creators of the devices (Chao et al.). Not only are they not getting paid for the work they created, but jailbreaking, though seemingly harmless, can have severe and legal ramifications.

The Digital Millennium Copyright Act (DMCA) establishes parameters directly impacting the legality of jailbreaking and rooting mobile devices. When reading over section 1201 of the DMCA, which shows it is illegal to Go around the technological protection measures put in place to access the copyrighted material. (Copyright.gov) These protection parameters, known as digital locks, are made and controlled by manufacturers to let only specific users and devices in. Therefore, when someone uses jailbreak software on their mobile devices, However, in some instances, there have been exceptions. For example, the Library of Congress periodically gives access, providing a limited time in which it is legal for certain jailbreak activities to occur. Some of the exceptions to jailbreaking a lot about the government are for nonprofit libraries, educational institutions such as universities, and finally, archives (Library of Congress ). Besides these exemptions, legal ramifications and laws against circumnavigating digital/technological measures exist. While acknowledging the ability to overcome digital locks for specific reasons, these exclusions highlight the delicate balance between preserving intellectual property rights and providing consumers reasonable flexibility to change their devices. As a result, the legal environment around jailbreaking and rooting is ever-changing, subject to constant examination and amendment via the DMCA’s rulemaking process.

Given the ethical concerns surrounding jailbreaking and rooting, it is critical to create clear rules for anyone considering these acts. Ethical standards should stress the need for intellectual property rights protection, user privacy protection, and comprehending the possible hazards of changing device functionality. Furthermore, lobbying initiatives aiming at legal revisions or amendments to the DMCA are urgently needed. It is critical to have a balance between safeguarding copyright holders and acknowledging users’ rights to change their devices. To meet the expanding world of mobile technology, advocacy should focus on more nuanced and flexible provisions within the DMCA. Furthermore, encouraging appropriate and transparent mobile device use is critical. This includes teaching users about the risks of jailbreaking and rooting, encouraging them to make educated decisions, and cultivating a responsible innovation culture that values user autonomy and legal frameworks.

The study of jailbreaking and rooting instances reveals a difficult balance between allowing consumers more power over their phones and keeping the devices safe. People want to personalize their phones, yet this desire conflicts with the necessity for solid security. This raises a moral quandary regarding where to draw the line. Furthermore, these acts have an impact on software and app creators since downloading unapproved applications might jeopardize the safety and trustworthiness of these systems. Real-world examples demonstrate why individuals jailbreak or root their smartphones, ranging from a desire for extra functionality to a desire to circumvent app store limitations. Investigating these incidents reveals the drawbacks, such as security issues, legal issues, and how it affects the digital world.These incidents highlight the complex ethical concerns associated with device customization, as well as the necessity for a thoughtful approach to balancing personal liberties with larger implications for digital security and the business.

According to this study on whether it’s safe to jailbreak or root a phone, there’s a trade-off between offering consumers greater freedom and avoiding potential difficulties. People may customize their phones by changing how they operate, but this raises ethical questions about security, copyright, and legal difficulties. As technology advances, it is critical to maintain a focus on what is right. People who use these features must understand the implications, and businesses must discuss what is ethical. Figuring out how to allow people to do whatever they want with their phones while still keeping things safe and legal will be critical in the future for coming up with new ideas and adhering to the regulations.

Works Cited

Chao, Hong, et al. “To Root or Not to Root? The Economics of Jailbreak.” Journal of Comparative Economics, Academic Press, 5 Aug. 2016, www.sciencedirect.com/science/article/abs/pii/S0147596716300397. 

Copyright.gov. “Section 1201 Exemptions to Prohibition against Circumvention of Technological Measures Protecting Copyrighted Works.” Section 1201 | U.S. Copyright Office, 2018, www.copyright.gov/1201/2018/#:~:text=The%20Digital%20Millennium%20Copyright%20Act,video%20games%2C%20and%20computer%20software. 

“jailbreak, v., sense 2”. Oxford English Dictionary, Oxford University Press, September 2023, <https://doi.org/10.1093/OED/8812423502>

Jansen, Mark, et al. “How to Jailbreak Your Iphone or iPod Touch in 2022.” Digital Trends, 21 Dec. 2021, www.digitaltrends.com/mobile/how-to-jailbreak-your-iphone/. 

Kaspersky. “What Is Jailbreaking – Definition and Explanation.” Usa.Kaspersky.Com, 20 Nov. 2023, usa.kaspersky.com/resource-center/definitions/what-is-jailbreaking. 

Library of Congress . “The Federal Register.” Federal Register :: Request Access, 26 Oct. 2018, www.federalregister.gov/documents/2018/10/26/2018-23241/exemption-to-prohibition-on-circumvention-of-copyright-protection-systems-for-access-control#:~:text=These%20include%3A%20Section%201201(d,section%201201(f)%2C%20which. 

McAfee. “What Is Jailbreaking: A Guide for Iphone Users.” McAfee, 8 Dec. 2023, www.mcafee.com/learn/what-is-jailbreaking/#:~:text=When%20you%20jailbreak%20an%20iPhone,that%20other%20uses%20would%20receive. 

“pirate, v.”. Oxford English Dictionary, Oxford University Press, July 2023, <https://doi.org/10.1093/OED/7888049080>

University, Wilkes. “Digital Millennium Copyright Act.” Wilkes University, 2023, www.wilkes.edu/about-wilkes/policies-and-procedures/copyright.aspx.