As I have stated on numerous previous occasions: no, the DMCA is not at the heart of unlocking (assuming it is relevant at all, an argument I have also made); we don't even have an unlock right now for the iPhone that involves bypassing the software restrictions (near as I can tell, third-party unlocks you get right now "fell off the truck" in AT&T's customer support division), nor have we for years; to a customer base that wants to unlock their phones, making it legal for third-parties to do it is a crapshoot, while everyone (from the White House now to those originally involved in the first DMCA exemption) think the FCC could have any interest in just hanging the laws regarding carriers locking them in the first place (and this petition from the White House seems to nail it, requiring the carrier to do the unlock even if you are still under contract: from my reading it largely argues that locking shouldn't even exist).

http://news.ycombinator.com/item?id=5202461 (one of my previous public comments)