It's kind of amazing that a recurring exemption is required in order to give people the legal cover they need to modify devices they have purchased in order to put legal software on them. This time around, the EFF is seeking to broaden the exemption to tablets and consoles.
It's worth mentioning that the absence of this protection creates legal uncertainty rather than an explicit case of illegality for jailbroken devices, but some manufacturers hold the position that jailbreaking violates the DCMA law, which carries stiff penalties, and they have the motivation and the means to go on the legal attack against developers that facilitate and work in the jailbreaking community.