As far as unlocking a phone, I think it should be allowed as long as the said customer fulfills his or her agreement with the particular carrier assuming they had some sort of contractual agreement. If you violate those terms you should not be allowed to unlock for a specific amount of time. That would be a bit more fair then what it is now... I have an unlocked Note 2 and I am glad I took the initiative to get this unlocked and over with before this stupid law came into place.
As far as a customer, there needs to be better education in terms of why the phones are locked and why using a unlocked phone on a different network other then the specific carrier it was made for would impact your service negatively and you would essentially be ...
I agree, finish the contract, or pay the ETF, and someone should be able to unlock their smartphone.
After all, it is physical property that is paid for, and belongs to the CONSUMER! Not the carrier, or the manufacturer.