In 2010, the US copyright office announced that jailbreaking is legal on smartphones, even today renewed his decision, but refused to extend it for tablets as well. Although we can still legally jailbreak our iPhones/iPod Touches, in the case of iPad tablets the situation is more complicated and the manufacturer can take measures. The copyright office says that it cannot legally jailbreak tablets because the category in which these products are included is very large and its legalization for any products of this kind could generate large damages for certain manufacturers.
Even without tablets, the important thing is that smartphones are still protected by this office, giving American hackers the freedom to continue making jailbreak solutions without being harassed by Apple.
