U.S. Government to Explicitly Allow iPhone Jailbreaking [Updated x2]

114823 app store icon

The Associated Press briefly reports that the U.S. government has defined new rules that will permit users to "jailbreak" their iPhone and skirt Apple's App Store ecosystem to add unapproved third-party applications.

Owners of the iPhone will be able to break electronic locks on their devices in order to download applications that have not been approved by Apple. The government is making that legal under new rules announced Monday.

The decision to allow the practice commonly known as "jailbreaking" is one of a handful of new exemptions from a federal law that prohibits the circumvention of technical measures that control access to copyrighted works.

While it is not uncommon for users to jailbreak their devices, the practice is officially unsanctioned by Apple. The company maintains a support document outlining some of the issues users of jailbroken iOS devices may experience while also disclosing that Apple reserves the right to deny service for any such device due to the "unauthorized modification" being a violation of the license agreement. Under the new federal policies, it would appear that Apple is no longer permitted to deny service for such reasons under the Digital Millennium Copyright Act, although the company could likely still argue that the device's Terms of Use allow it to deny service.

Update: The Electronic Frontier Foundation (EFF) has posted a press release announcing the government's policy changes that came at the request of the EFF and has posted the full document (PDF) issued by the Copyright Office of the U.S. Library of Congress.

On balance, the Register concludes that when one jailbreaks a smartphone in order to make the operating system on that phone interoperable with an independently created application that has not been approved by the maker of the smartphone or the maker of its operating system, the modifications that are made purely for the purpose of such interoperability are fair uses. Case law and Congressional enactments reflect a judgment that interoperability is favored. The Register also finds that designating a class of works that would permit jailbreaking for purposes of interoperability will not adversely affect the market for or value of the copyrighted works to the copyright owner.

Update 2: Some observers have pointed out the the Library of Congress ruling today also addresses the issue of mobile phone unlocking, which involves moving a device to another wireless carrier for which support is not generally offered. Today's ruling only states, however, that copyright concerns can not be used to prohibit unlocking of mobile phones under the Digital Millennium Copyright Act. Carriers are still free to prevent unlocking in many circumstances and can pursue cases against individuals by citing breach of contract under the carriers' Terms of Service.

Related Forum: iPhone

Popular Stories

iOS 26

iOS 26.3 and iOS 26.4 Will Add These New Features to Your iPhone

Tuesday February 3, 2026 7:47 am PST by
We are still waiting for the iOS 26.3 Release Candidate to come out, so the first iOS 26.4 beta is likely still at least a week or two away. Following beta testing, iOS 26.4 will likely be released to the general public in March or April. Below, we have recapped known or rumored iOS 26.3 and iOS 26.4 features so far. iOS 26.3 iPhone to Android Transfer Tool iOS 26.3 makes it easier...
Apple Logo Black

Apple's Next Launch is 'Imminent'

Sunday February 1, 2026 12:31 pm PST by
The calendar has turned to February, and a new report indicates that Apple's next product launch is "imminent," in the form of new MacBook Pro models. "All signs point to an imminent launch of next-generation MacBook Pros that retain the current form factor but deliver faster chips," Bloomberg's Mark Gurman said on Sunday. "I'm told the new models — code-named J714 and J716 — are slated...
iOS 26 Home Feature

Apple Gives Final Warning to Home App Users

Tuesday February 3, 2026 8:55 am PST by
In 2022, Apple introduced a new Apple Home architecture that is "more reliable and efficient," and the deadline to upgrade and avoid issues is fast approaching. In an email this week, Apple gave customers a final reminder to upgrade their Home app by February 10, 2026. Apple says users who do not upgrade may experience issues with accessories and automations, or lose access to their smart...
Aston Martin CarPlay Ultra Screen

Apple's CarPlay Ultra to Expand to These Vehicle Brands Later This Year

Sunday February 1, 2026 10:08 am PST by
Last year, Apple launched CarPlay Ultra, the long-awaited next-generation version of its CarPlay software system for vehicles. Nearly nine months later, CarPlay Ultra is still limited to Aston Martin's latest luxury vehicles, but that should change fairly soon. In May 2025, Apple said many other vehicle brands planned to offer CarPlay Ultra, including Hyundai, Kia, and Genesis. In his Powe...
Apple Foldable Thumb

First Foldable iPhone Design Details Revealed

Monday February 2, 2026 7:19 am PST by
Apple's first foldable iPhone will feature relocated volume buttons, an all-black camera plateau, a smaller Dynamic Island, and more, according to design leaks from a known Weibo leaker. The user known as "Instant Digital" today claimed to share several key details about the design of the foldable iPhone: The volume buttons will be located on the top edge of the device, aligned to the...