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Hack Your Phone, Go to Jail

thodu writes: "This bill [Mobile Telephones (Re-Programming)] in the UK aims to make it illegal for anyone to change a GSM phone's IMEI number. Though the intention in this case is seemingly for the good (to track and prevent stolen phones from being used), the line between legitimate mods and illegal hacks is increasingly becoming blurred. What next - a bill to disallow modifying your PC ?"

35 of 525 comments (clear)

  1. Legitimate reasons for changing the IMEI? by 3.5+stripes · · Score: 5, Insightful

    Do you know of any, because I sure don't.

    Why shouldn't something that only serves theives (as far as I can see) be illegal?

    --


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    1. Re:Legitimate reasons for changing the IMEI? by Queuetue · · Score: 5, Insightful

      Why shouldn't something that only serves theives (as far as I can see) be illegal?
      Because it's already illegal to steal phone service. Removing freedoms without cause hurts everybody.

      Also, a silly counter-example - I'm a hacker, and in my basement lab, I've set up my own shielded, isolated cell network, just for kicks. And I want to have phone# 000-000-0001 (Those not in the US, please translate into your own localized version). Just because I *want* to. Or as a scientific experiment, a science fair project, or to learn more about the world around me. Why should that be illegal?

    2. Re:Legitimate reasons for changing the IMEI? by sdjunky · · Score: 5, Insightful

      "If for every 1,000 hacks there is only 1 person doing it for scientific purposes then that one person has to pay the sacrifice for the greater good."

      So if 1000 people want to map the human genome to devise some kind of malicious bio warfare and 1 scientist wants to find the cure for cancer. Then the scientist needs to be treated as a criminal while the criminals will just go underground to do their work anyway.

      Sorry, but the logic doesn't seem sound in my opinion

    3. Re:Legitimate reasons for changing the IMEI? by yatest5 · · Score: 5, Insightful

      Yes, there is a legitimate reason. You bought the phone, you own it, so you can reprogramme it if you want to. You own the phone. You don't need any more reasons.


      Oh for FUCKS SAKE. Every time, the same old arguments.

      Look, 1 Mr. Geek may want to do this. In fact, no, they wouldn't, but one assy /. user who will argue against anything does.

      Being able to do this allows people to steal and use phones, thereby causing 1000's of crimes.

      What is more important, your 'right' to modify the phone, or to stop little punks mugging kids for their phones?

      Furthermore, the fact is, although it's 'illegal', if you just do it in your room, you are unlikely to be caught and prosecuted for it, as compared to, say, if you did it and tried to sell a mobile phone.

      So STFU about your damn rights being impinged on, jesus.

      --
      • Mod parent up! [a] by Anonymous Coward (Score:5) Thurs, June 31, @13:37
    4. Re:Legitimate reasons for changing the IMEI? by AlgUSF · · Score: 5, Insightful

      It is not like changing your Phone #, it is more like changing the VIN number of your car. Which is very illegal. Sure you own the car, but why would you want to change the VIN # except for illegal purposes.

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    5. Re:Legitimate reasons for changing the IMEI? by yatest5 · · Score: 4, Insightful

      Yes, there is a legitimate reason. You bought the phone, you own it, so you can reprogramme it if you want to. You own the phone. You don't need any more reasons.

      I own my car, can I scratch the VIN off it?

      I own my gas supply, can I leave it running until the street blows up?

      I own a radio scanner, can I use it to scan police frequencies?

      Society has rules, if you don't like them, fucking leave it!

      --
      • Mod parent up! [a] by Anonymous Coward (Score:5) Thurs, June 31, @13:37
    6. Re:Legitimate reasons for changing the IMEI? by forgoil · · Score: 3, Insightful

      Hell yes.

      I can buy gasoline in most countries, getting hold of sand in small quantities are legal as well. So is buy a coke in a bottle. It is not legal to add those and a rag and walking with it in public.

      The whole thing about changing the phone is bollocks. There are no reasons to change the number OTHER THAN BEING ILLEGAL. But if you do it to your own phone, and then don't use it (since you damn well don't own the network), nobody will know, and nobody will care.

    7. Re:Legitimate reasons for changing the IMEI? by Anonymous Coward · · Score: 3, Informative

      It is *not* illegal to change the VIN of a car. It is quite legal in the UK to grind the VIN from a vehicle or trailer and stamp in another (and you can make a number up), assuming you make it clear to any potential purchaser and the DVLC.

      What is illegal is to change the VIN of a car, not notify the DVLC and put it on the road. This is often done to pass a car as a "ringer" w/the same VIN as another similar car.

      It the same vien, a fraud involving changing the IMEI as the modus operandi is illegal. Changing the IMEI for the hell of it and not connecting the the network (comp. putting car on road) should not be a crime.

    8. Re:Legitimate reasons for changing the IMEI? by colmore · · Score: 5, Insightful

      Actually, you can scratch off the VIN and you can monitor police frequencies.

      Blowing up your neighborhood is obviously illegal because, well, you blow up your neighborhood. Recklessly endangering others is illegal for very good reasons, and has nothing to do with modifying a telephone that you own.

      I assume that the Iraq comment was a joke. But it's a good example. Just saying "society has rules" and not questioning those rules is a good way to end up in a nation where you can't criticize your leaders, religion, or society. I'm not the biggest patriot on my block, and I don't like the direction that America is heading in, but I'm sure glad that we're still (basically) free to live in (almost) any way that doesn't harm others.

      --
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    9. Re:Legitimate reasons for changing the IMEI? by shimmin · · Score: 5, Insightful
      You can scratch the VIN off your car, but if you do, you can't operate it on the public roadways. You own the car, you don't own the road.

      You can leave your gas running, but if something catches fire, you're liable for arson. You own your house, but you don't own the neighborhood, and you don't own the fire department.

      And in many jurisdictions, you can scan police frequencies. But you can't transmit on them. You don't own the airwaves.

    10. Re:Legitimate reasons for changing the IMEI? by Jucius+Maximus · · Score: 4, Informative
      "you are still alowed to do that, There is no connection between IMEI and your phone number. IMEI is more like a MAC adress your phone number is pure software,(actualy bound to the sim#) So bad example."

      Yeah but at the level of the cell phone network hardware, the IMEI number (or in my case the ESN number) is what identifies the phone to the network.

      If your phone is stolen and you tell the mobile service provider, they tell the network to disable access to the phone with the ESN# (or IMEI#) shown on your account information. If you change this ESN/IMEI number, you can register this phone again with a new service provider on a new account and the network won't know the difference and won't be able to disable the phone's access.

      This is why changing the IMEI number is valuable to phone crooks.

    11. Re:Legitimate reasons for changing the IMEI? by kcbrown · · Score: 3
      "I can't think of any good reason to do X, but at least one reason not to do X, so X should be illegal."

      Right?

      Spoken like someone who doesn't understand the nature of freedom at all. In the general case, the only things that should be made illegal are those things that do direct harm to others: your right to swing your fist stops at my nose and all that. If there's something you want made illegal but that doesn't directly harm others then you'd better have a damned good reason for it, as in an overwhelmingly good argument supporting your position.

      I don't think such an argument exists for the IMEI number.

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  2. A good thing... by FyRE666 · · Score: 4, Informative

    While I generally don't agree with restrictions on the use of hardware I buy, this is a special case. The law is intended to reduce the amount of phone-thefts in the UK (the phones are then reprogrammed and re-sold). There is currently a huge problem with phone theft over here which is driven by the fact it's so simple to give a stolen phone a new identity, so I don't think this legislation is over the top...

    1. Re:A good thing... by liquidsin · · Score: 5, Insightful

      But it's already illegal to steal. Think hard. Does this law actually do anything more to deter thieves, or only make things illegal for tinkerers? If the only place this law will be applicable is on stolen phones, and stealing them is already illegal, then this law ultimately serves no purpose that couldn't be served by enforcing stiffer penalties on thieves.

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    2. Re:A good thing... by FyRE666 · · Score: 5, Interesting

      This will do nothing to stop mugging

      Erm, I think it will have a VERY noticable effect on the blackmarket in reprogrammed phones. There are businesses that currently operate legitimately whose sole business is chaning the identity of [stolen] phones. The only reason anyone would wish to do this is to sell a stolen phone, there's no other purpose for it. Sure you might want to do this yourself, but why? It's not as though anything spectacular will happen!

      Maybe you think anyone should be able to file off vehicle identification serial numbers too, or wire up their house with all the earth wires and live wires reversed?

    3. Re:A good thing... by mpe · · Score: 5, Insightful

      But it's already illegal to steal.

      It's already also illegal to traffic in stolen goods, misrepresent stolen goods as legitimate, defraud telephone companies, DOS legitimate mobile users.

      Does this law actually do anything more to deter thieves,

      The bill states that it is expected to have litte effect of policing, prosecutors and courts.

      this law ultimately serves no purpose that couldn't be served by enforcing stiffer penalties on thieves.

      It's apparent purpose is to present the impression of a government "doing something". With passing redundant laws being a prefered option to something like more police...

  3. er no by Anonymous Coward · · Score: 3, Insightful
    the line between legitimate mods and illegal hacks is increasingly becoming blurred.

    No this is not the case with this law. There are no legit uses for hacking mobile phones. There are a huge number of people who do this (I think there was an article on the bbc website a while back but I am too lazy to look it up for referencing). This should indeed be stopped and it is nice to see a very focused bill instead of something that would do something stupid like outlaw EPROM burners altogether.

  4. already a law in US, sort of by ProfKyne · · Score: 4, Informative

    I don't mean to troll here, but isn't this similar to laws against removing VIN (vehicle id numbers) and serial numbers from high-cost goods in the US?

    Of course, if this law extends to prohibit other modification of the phone that interferes with fair use, I suppose that's different....

    --
    "First you gotta do the truffle shuffle."
  5. Re:What's the legit use of this? by CaffeineAddict2001 · · Score: 4, Insightful

    Just to know they can.
    There are honest people who just like to tinker.

  6. Re:future by Rhombus · · Score: 3, Funny
    hopefully it'll soon be illegal to change your mac address...

    If altered MAC addresses are criminalized, only criminals wil have altered MAC addresses.

  7. Its a real problem, but a poor solution by Anonymous Coward · · Score: 4, Insightful

    Mobile phone theft is a real problem in the UK, and has caused violent crime to rise sharply over the past year. Understandably, politicians and police in the UK are concerned, and are trying their hardest to stop the problem.

    The UK telecoms operators have mobilised their SIM management systems to allow them to disable mobile phones according to the ID on the phone; previously only one or two of them did this.

    Now saying this; I don't see how this Bill will do anything to stop the situation. The phones are stolen already, and are in the hands of the criminals. No doubt they have a stack of them in a warehousr; anything else just isnt' profitable. Anyone who thinks the piddling little threat of extra jail time that this Bill adds will stop the bad guys from modifying the phones are out of their heads. Do they really believe that the criminals care what this Bill says?

    Its nothing but a quick headline grab, something for grining-Blair to point at and say "We're doing something about it, look!" and then allows him to get back to inventing rating schemes for various shitty public services, and cutting funding to the police forces.

    The real answer is simply to pay the police more, recruit more, and put them out on the streets where they can stop the phones being stolen in the first place. Like that'll ever happen.

  8. Too many laws... by SealBeater · · Score: 3, Insightful

    What ever happened to using already existing laws? If it's already illegal to sell stolen phones (which I assume, perhaps incorrectly that it is), why do you need an additional law covering this? This reminds me of the added penelty of using a computer to commit a crime. If the hardware is mine, it should be mine to do with as I please. Arrest me for selling a stolen phone, not changing a few bits on equipmetn I already own.

    SealBeater

    --
    -- Its survival of the fittest...and we got the fucking guns!!!
  9. IMEI nubmer is essential to reduce GSM theft by Anonymous Coward · · Score: 4, Insightful

    Sorry, but I have no problems with this kind of law.
    When your mobile phone gets stolen, all mobile phone operators who are enforce IMEI-based disabling will disallow phone calls. (Not all of them do this...)
    This reduces the incentive to steal a mobile phone immensly.

    It can have some unpleasant consequences though: some years ago, a batch of Nokia mobile phones was stolen, all of them with the same IMEI number. Those phones eventually ended up in stores, where they were, legally, bought by consumers.
    Unavoidably, one of those phone got stolen and that IMEI number got blocked. As a result, thousands of people ended up with a disabled phone. Nokia refused to do anything about it, since they can be hold responsible for phone that were bought through 'grey' channels.

  10. Re:Consumer's rights by arson1 · · Score: 3, Funny

    I asked the cops the same thing when they took my sawed-ff shotgun and ruger 10-22 that I converted into a full-auto... :P

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  11. Re:What's the legit use of this? by MartinG · · Score: 5, Insightful

    Why would a person other than a thief want to change this?

    The approach of illegalising things that have a potential "bad" use just because nobody can come straight out with a "good" use will end in disaster.

    Defrauding telephone companies is already illegal. If some the telephone companies don't want this heppening then they should put it in their contracts. There is no need for new legislation.

    The only reason this is happening IMO is to tie in with the RIP bill amendments that the UK government have already tried to rush through (thankfully, the changed were met with sufficient resistance to delay for a while)
    The government wants to be able to track and record everyones movement by their mobile phone. And of course this ability will prevent all future terrorist attacks and rid the country of crime. Everyone will he happy and all will rejoice.

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  12. Re:/. people are paranoid by Skiboricus · · Score: 5, Insightful

    I love it how people avoid any REAL discussion of events and possibilites by simply calling someone PARANOID.

    10 years ago would you call someone paranoid if you were told that companies would market products that were implanted into your childrens skin so you could track them.

    10 years ago would brand a person paranoid if your were told congress was debating a bill to allow companies to hack private citizens.

    10 years ago would you call me paraniod if I told you people would be threatened with criminal penalities for reporting security bugs in software.

    Debate, don't just label people.

  13. Re:Consumer's rights by s20451 · · Score: 3, Insightful

    Whatever happened to the idea that when you buy something it's yours to do as you please?

    That right doesn't actually exist. For example, I can buy a gun and ammunition, but that doesn't give me the right to fire in any direction that I please. The question is better approached from a perspective of individual freedom versus collective good.

    --
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  14. Re:Consumer's rights by mpe · · Score: 3, Insightful

    There is a difference between this law and what you are talking about. You can modify your car completely but can you change your VIN number or license plate number with out notifying the proper authorities? No. This law isn?t any different.

    It is, since the registration of VINs and other vehicle identifying numbers is handled by a government agency. If the bill set up something like the DVLA then the car analogy would hold. Instead the bill hands specific power to the manufactures, private (and foreign owned) businesses. It would be as if car makers were in charge of car registrations...

  15. Re:What's the legit use of this? by CaffeineAddict2001 · · Score: 4, Insightful

    If you chopped off the chasis number on a car you own, it doesn't hurt anyone but yourself.. Why should you go to jail for that?

  16. This would be better as "probable cause" by drew_kime · · Score: 4, Interesting

    The law should say that simply doing this mod isn't illegal, but that it is sufficient grounds for a search warrant/wire tap/other investigative methods. After all, the IMEI was put in specifically to fight theft and cloning. It seems reasonable to assume that anyone changing it is probably going to do something illegal with it.

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  17. Re:What's the legit use of this? by mpe · · Score: 3, Informative

    That wouldn't help since these are stolen phones, and people who steal phones rarely go to the phone company and sign a contract.

    Stealing things is against the law. Handling stolen goods is against the law. Passing off stolen goods as not stolen is against the law. There looks to be plenty of applicable criminal law here.
    Indeed the text of the bill specifically states "There will be minimal resource implications for the criminal justice agencies - the police, the Crown Prosecution Service, the courts and the Prison Service - to investigate, enforce, prosecute and process the cases through the courts and to accommodate convicted offenders given a custodial sentence. The number of cases prosecuted under this new offence are likely to be relatively small in number," In which case the whole thing starts to look like a waste of time.

  18. Re:What's the legit use of this? by Xaoswolf · · Score: 3, Insightful
    you won't, as long as you never sell the car, or drive it off of your property. If you want to just do donuts in your backyard, then be my guest, scratch off that number. Heck you don't even have to pass inspection or emisions tests for that.

    Same can be said for the phone, as long as you never use the phone on the public airwaves or try to sell it you're fine. So you just need to shield your house and sit in your basement and talk to your self. Nobody will ever care about what you did to your phone.

  19. Re:What's the legit use of this? by joto · · Score: 3, Insightful
    If you chopped off the chasis number on a car you own, it doesn't hurt anyone but yourself.. Why should you go to jail for that?

    Well, you do hurt someone, namely the society at large (i.e. taxpayers). The reason the number is there is because it makes it easier for law-enforcement to track the car. It can be used to detect theft, fraud, and several other things. And that saves us (the public) a lot of money.

    On the other hand, there's the issue of privacy. We don't want a unique identifiable number on every kind of goods. However, cars do deserve special care, for a number of reasons. First of all, they are pretty expensive, compared to most other things people tend to own, so it's important to track them for that reason. Secondly, they are easy to steal, and easy to transport, so it's more important to be able to identify them than e.g. houses (which can generally be identified by their location). Third, driving a car is not for everybody, it requires a license, for both the driver and the car (a license plate). Having a SSN number for the driver, and a chassis number for the car , helps prevent fraud in this case as well.

    It is possible to be for chassis number legislation, but against IMEI number legislation. Cellphones aren't especially expensive, and doesn't require a special license to use (Hell, in Norway where I live, we you can buy both the phone and a phone-card anonymously (pay cash at the dealer, no registration)).

    On the other hand, personally I don't see much wrong about making it illegal to change IMEI numbers either. It is (I believe) a real problem, and it is unlikely to make any trouble for most anybody (I can't think of a single reason why you would want to do that, and those I've seen so far in the discussion doesn't seem like something anyone would do). And if you had a legitimate reason, I'm sure you could ask for a permit!

  20. Check. Your. Links. by Rogerborg · · Score: 3, Insightful

    It's not that hard. The link in the story is to the explanatory notes. The actual bill is here.

    On a topical note, all the griping about "Why shouldn't I be allowed to..." is just slippery slope hysterics.

    If you actually want to build a 'phone from components, then you can do whatever the hell you like with it, because you're the "manufacturer". However, if you want to buy a 'phone and then screw around with the identifier on it, you're doing something no different from changing the VIN number on a car. There's only one reason why you'd have to do that: to enable fraud. You can argue "But I own it and I just wanna", but in both cases that's simply an argument that principles are always more important than pragmatics and that nothing should be illegal if there's no direct, immediate victim. The law has to strike a balance between freedom and the probability that an act has a criminal purpose. In this case, it's overwhelmingly likely that an actual crime with an actual victim is involved.

    The point of this bill is to enable prosecution of workshops set up to change IMEI's on stolen 'phones. It's a real problem, and it's part of a crime with a real victim, usually on the receiving end of violence. There's actually a very reasonable clause in here that protects equipment that merely could be used to change an IMEI: "The clause makes it clear that the offences are committed only if the person intends to use the equipment or allow it to be used for the purposes of making an unauthorised change to the IMEI number, or knows that the person to whom he supplies it or offers to supply it intends to use it or allow it to be used for that purpose." The prosecution has to show intent, so don't throw a hissy fit just because you've built an IMEI programmer for your self built IMEI 'phone. Not that anyone here has or intends to build such a 'phone.

    Still not seeing it? Consider your next car purchase. You inspect the car, note the VIN number, do an HPI check, and it looks clean. Two weeks later, the police turn up and tell you that you're driving a stolen car and you have to return it to the rightful owner. You're completely out of pocket. This happens all the time. Now, how would you feel if you found that the garage that sold you the car had modified the VIN number and documentation, and that this wasn't illegal? And that it wasn't illegal because of the high principled argument that once they'd bought the car, they could do anything they damn well liked to it? Would you be pissed off? I think so. So, do you think that should it be legal to modify VIN numbers? If not, why should it be legal to modify IMEI numbers?

    This is a balanced, reasonable, useful bill, and all the shrieking and Chicken Littling doesn't make it otherwise.

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  21. The problem with tinkerers by Anonymous+Brave+Guy · · Score: 3, Insightful

    Speaking as someone who used to work in the engineering department of a telecommunications company...

    Many telecomms networks are relatively vulnerable to rogue devices. The companies who run the networks put everything they're going to let on their network through amazingly rigorous testing before it's allowed out into the field, because they are aware of this problem, but there is little else they can do to prevent it that is cost effective. The time it took me to make every possible type of call to every possible combination of other units on the network with a new device (which multiplies up to several thousand call types) and verify that every single one worked correctly is negligible compared to the down-time and loss of customer satisfaction caused when a device goes wrong and starts effectively spamming your network and using up all your bandwidth.

    Sometimes, the rogue devices are simply phones that have broken, or a change near a base station that's interfering with things. Other times, it's some smart-ass hobbyist who thought he was being clever, and who takes out a whole region of the network for the morning while an on-call team of engineers sorts out the mess.

    Guess how high an opinion I hold of people who like to tinker with publicly accessible services just to know they can? :-)

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