Law Protects Hackers' Ability To Screen DUI Checkpoints

March 28, 2011— -- Want to avoid DUI checkpoints? There are apps for that.

And while lawmakers called on smart phone companies last week to ban the programs that could enable drunk drivers to steer clear of police traps, legal experts say the law protects hackers who install unapproved software onto their phones.

So far Research in Motion, the company that makes Blackberry, is the only company that has complied with the request from four Democratic Senators. But even if companies were to ban all DUI dodging apps from their online store, customers would still have a legal right to bypass security software independently.

An exemption was granted in 2010 by the Librarian of Congress, the office that oversees copyrights, and makes it impossible for companies to sue individuals for circumventing the company's proprietary security software.

Under the revised rules, it's not illegal for wireless telephone users to hack into a company's security system to access programs that the company has previously disabled if the intent of the hacker is to simply use those programs. This is cited on the government's website copyright.gov as exempt from the 1998 Digital Millennium Copyright Act, passed during the Clinton administration.

"Jailbreaking" or "rooting" a phone is a term used by hackers to describe the process in which a smart phone is unhinged from company control - it allows for the installation of unapproved programs. Savvy customers could load up the DUI dodging software as long as the program wasn't obtained illegally.

A quick search on Google reveals step by step instructions on how to break into various phone models. It's mostly hobbyists and gadget experts who unlock their phones but hacking past security software is the only way to load up controversial apps.