Apple to Combat Jailbreaking Using Patent Kill Switch

Two weeks ago, the Daily Journal published an article authored by me entitled, “Cell Phone Users Catch a Break.” The subject of this article was a new DMCA exemption that allowed the jail breaking of cell phones, in particular the Apple iPhone. I want to make clear that I do not recommend anyone to jail break their phone and would strongly advise against doing so. In addition to violating your warranty, jail breaking can cause any number of performance problems and has the potential to “brick” your phone.[1] That being said, in my article I discussed potential responses by Apple to the DMCA exemption, in particular I noted that Apple has the technical resources to continually update and change the iPhone operating system to thwart jailbreaking attempts. Shortly after the DMCA announcement, it was revealed that Apple has submitted a patent application entitled, “Systems and Methods for Identifying Unauthorized Users of an Electronic Device.” In other words, it is a method for detecting unauthorized users and uses of a device and if those are detected, shutting them down or disabling the device. Engadget.com described it best by calling it a “patent kill switch.” I believe this application is an indicator that Apple will be taking a strong stance against jail breaking and will be combating it primarily through technical means.