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Toledo Uncappers Getting Shafted

Jacob writes "Broadband Reports has a well written article detailing the plight of those Ohio cable modem users who found themselves facing gun wielding FBI agents for uncapping their cable modems. Buckeye Cable has clearly crossed a line and the tech community and consumer groups should be all over them like a wet, angry rag. Kudos to Broadband Reports for not letting this thing die." Granted, those who were indicted were violating their service contracts, but having their posessions siezed by FBI agents is overkill.

703 comments

  1. OT Can this be done on DSL too? by t0qer · · Score: 2

    Just curious, can this be done on DSL too?

    1. Re:OT Can this be done on DSL too? by Anonymous Coward · · Score: 1, Insightful

      No, and if the IT dept. at Buckeye wasn't a bunch of inept mouthbreathers, it wouldn't have been possible on their service either.

    2. Re:OT Can this be done on DSL too? by CrazyDuke · · Score: 1

      Some of the DSL isp's give out install CD's that they stick on your computer to set you up for their network. My boss found out if he just set up the damn thing for PPPoe manually and didn't install their software, he magitastically had the isp's max rate of 1.5mbit up and down instead of 768kbit down/256kbit up he ordered. It probably varies depending on the isp though.

      --
      Any sufficiently advanced influence is indistinguishable from control.
    3. Re:OT Can this be done on DSL too? by Anonymous Coward · · Score: 0

      I highly doubt that happened. DSL is a Digital Subscribers Line that only runs to your house, through the existing phone lines. You can only have the bandwidth alloted to THAT line. His ISP must have allocated his line to have 1.5mbit and it doesn't matter if you install their ppoe software or not, you will get the same speed.

    4. Re:OT Can this be done on DSL too? by Anonymous Coward · · Score: 0

      Hehe, the only way that would work is if they installed some low bandwidth MTU/MSS etc etc settings, and just hoped noone ever found out or reinstalled tcp/ip.

      If so, that's about the most half-assed thing I've ever seen.

    5. Re:OT Can this be done on DSL too? by CrazyDuke · · Score: 1

      ...kinda like the cable company here offering broadband only service. Except if you just run a regular splitter from your cable modem to you TV, you get cable TV anyway. Where do I live? I ain't sayin. ;P

      --
      Any sufficiently advanced influence is indistinguishable from control.
    6. Re:OT Can this be done on DSL too? by emmetropia · · Score: 1

      Stuff like that can't usually be done on DSL. Most cable connections have a lot of the configuration set in the modem, and the line provisioned specifically to the modem. DSL is provisioned (usually) in the phone company's central office at a DSLAM, for different upstream/downstream rates. A lot of Qwest subscribers might notice that they can set a max downstream of 7mbit on a Cisco 67x modem/router, but you'll never hit more than what the DSLAM says you're supposed to get...

  2. Move to New Zealand... by nzyank · · Score: 3, Interesting

    ...like I did. Only thing you have to worry about here is US$300 for going one GB over the monthly limit. Connection's fast as hell which allows one to reach that limit in minutes.

    1. Re:Move to New Zealand... by FirewalkR · · Score: 1

      And how much is the monthly limit? Here in Portugal I believe I have one of the best deals AND it's only 7 GB down + 7 GB up !!!! :/ Speed is 640 kB down and 256 up.... (oh my!!)

      15.3 per GB over limit... (roughly the same in bucks)

    2. Re:Move to New Zealand... by nzyank · · Score: 1

      2 GB/month. Usually connect at 5.6 Mbs.

    3. Re:Move to New Zealand... by mark_lybarger · · Score: 1

      my cap here in columbus, ohio (wideopenwest) is 500k, and i'm paying 50$ per month including the cable tv. roughly25$ per month each. they have a 1.5mb plan too, but i didn't recall seeing too many downloads over 350-400kb/s when i was on RoadRunner and that was fast enough for me. to me the fact that it is always on is the best feature.

    4. Re:Move to New Zealand... by PhuCknuT · · Score: 1

      I'm paying $29/95/month, get 10M down 1M up, and have no limit. Had it over a year now, dunno how much longer it'll last though.

    5. Re:Move to New Zealand... by moonbender · · Score: 2

      The most widespread DSL service here in Germany is 768kbit down, 128 kbit up, with no traffic limit. I wonder how long it's going to stay that way.

      --
      Switch back to Slashdot's D1 system.
    6. Re:Move to New Zealand... by Guspaz · · Score: 3, Interesting

      I've got a pretty good deal going. 3.5mbit down, 800kbit up, 50$ canadian a month. Included is 15GB transfer with additional at 3$/GB canadian.

      However, my ISP is soon going to increase the monthly cap to 15GB down 15GB up, and offer 10GB for 10$ canadian in advance. So we'll have a per-GB cost of about 60-70 cents US on residential service, not bad.

    7. Re:Move to New Zealand... by lgftsa · · Score: 1

      iiNet here in Australia has a 512/128 plan which has 6Gb down(+6Gb off-peak) with no upload restrictions and simply caps you at 76kbit/s if you go over in any 30-day period.

      Oh and it's AU$80/month - $15 cheaper than the Telstra 512 plan(3Gb total, 20c/mb over).

    8. Re:Move to New Zealand... by Anonymous Coward · · Score: 0
      Christ, that sucks.

      I pay $80/month and can upload/download all I want. Which is usually no less than 15G a month in each direction. I've burned 1600 cds in the past 2 yrs.

      Where the hell can I move (out of the U.S.) that doesn't suck?!?!?!?!?!

    9. Re:Move to New Zealand... by MSZ · · Score: 1

      In Poland, they tried to set-up traffic caps, but seeing potential customers cancel orders and actual customers filing service cancellation requests - THEY BACKED OFF!

      --
      The moon is not fully subjugated. I demand a second assault wave preceded by a massive nuclear bombardment.
    10. Re:Move to New Zealand... by krisguy · · Score: 1

      I'm in Norfolk, Nebraska, and with my Qwest DSL line and going through a local ISP, I get 640down/256up with no cap.

      Downloading ISO's of OSes works great for me on this system.

      --
      I'm a hamker. Hams, hackers, same ethos, different medium. == 73 de KB0STG
    11. Re:Move to New Zealand... by Cervantes · · Score: 1

      Sounds sweet... i've been looking for uncapped or hi-capped transfers with isp in alberta... which part of Soviet Canuckistan are you in?

      ------
      I'm allowed to laugh at that. If you're under the 49th, you aren't.

      --
      If I knew the wedgies I gave you back in 6th grade would have resulted in this . . . I might have taken a moments pause.
    12. Re:Move to New Zealand... by Guspaz · · Score: 2

      Montréal... My ISP, iStop, and the other similar mini-ISPs that live by re-selling Bell's DSL lines, only operate in Ontario and Québec. I'm afraid you're out of luck :-(

    13. Re:Move to New Zealand... by Anonymous Coward · · Score: 0

      hahahahaha. your faggot ass just got slammed, and you are to stupid to enjoy the humor.

      SLAM. da da daaa da da daaa da da daaa

      LET THE FUCKING PUSSIES BE PUSSIES

      SLAM. da da daaa da da daaa da da daaa

      LET THE FUCKING PUSSIES BE PUSSIES

    14. Re:Move to New Zealand... by Cervantes · · Score: 1

      Merde! Will I forever be hounded by the merciless pig-dog that is Telus???
      I may just have to move to Montreal... hey, if the Tampa Bay Lightning can have a better record than the Wings, then damnit, anything can happen!

      --
      If I knew the wedgies I gave you back in 6th grade would have resulted in this . . . I might have taken a moments pause.
    15. Re:Move to New Zealand... by Skal+Tura · · Score: 1

      I have 512/256 for 64e/month with no caps,
      i used to have 512/512 for 56e/month without caps but i moved out of the working area.
      so i can up 66,74Gb per month and download
      133,48Gb, that makes roughly 0,33c per gb transferred. expensive connection =(
      Planning to move on 2Mbps/512kbps without transfer limits and 100e/month.

      Oh yeah, i live in Finland.

  3. Wet Angry Rag... by Anonymous Coward · · Score: 0

    I would hate to run into one of those in a dark alley at night.

  4. Isn't this America? by rabtech · · Score: 5, Insightful

    Since when do armed agents of the law sieze private property without the owner having been convicted of any crime?

    What a sad state of affairs.

    --
    Natural != (nontoxic || beneficial)
    1. Re:Isn't this America? by kammat · · Score: 5, Informative

      I think the "Drug War" opened up the laws that allow this. Basically, an arrest is made against the property itself for being involved in the crime, and I have no idea what the options are to get it back.

      Yes, I do indeed love this country.

    2. Re:Isn't this America? by fuzdout · · Score: 3, Insightful

      I agree, and just think this is where our tax dollars are going...You'd think the FBI would have more important issues to deal with such as terrorists.

      --
      Fuzdout
      ..My sig ran away. Has anyone seen my sig?
    3. Re:Isn't this America? by Anonymous Coward · · Score: 0

      No this Isn't america anymore.
      this is just a sad state of affairs...
      the rule is guilty until proven innocent DUH!!!
      our wonderful government pissed all over the constitution with the patriot act, so you have them to thank.
      next time you go to the polls think about who your government works for....

    4. Re:Isn't this America? by extagboy · · Score: 4, Interesting

      Same reason they can arrest you and put you in jail without being convicted of a crime.

    5. Re:Isn't this America? by macdaddy357 · · Score: 3, Funny

      Didn't you know that anyone who uses a computer is a terrorist?

      --
      How ya like dat?
    6. Re:Isn't this America? by LostCluster · · Score: 2

      Yes, but from that point they have a short period of time to bring you to a judge where they must convince him why they want to keep you.

      There's a process, and if they don't follow it exactly that's when rights start eroding.

    7. Re:Isn't this America? by fuzdout · · Score: 1

      EEEEEP! I didn't know I was a terrorist! ;)

      BTW, somebody mod macdaddy357 up as funny!

      --
      Fuzdout
      ..My sig ran away. Has anyone seen my sig?
    8. Re:Isn't this America? by Anonymous Coward · · Score: 0

      The reason they have that power is that the "normal" American has the attention span of a gnat. They just yell another soundbite and "normals" completely forget what they were thinking about. Those in control do not play by the rules they instate upon us. That is not the way things should be. You say you want a revolution...

    9. Re:Isn't this America? by Anonymous Coward · · Score: 0

      Nope, not with PATRIOT Act.
      You don't need a judge.
      Just accuse someone as terrorist and you can keep him in jail FOREVER without any possibility for that person to defend itself.

    10. Re:Isn't this America? by G27+Radio · · Score: 5, Insightful

      Yes. Look up "civil forfeiture" on Google and you'll find tons of references to people who've had their posessions confiscated by the police. The local police get to keep what they confiscate or sell it if they choose. You'll run across tons of cases where the police confiscated property and never returned it, even after the victims were proven innocent.

      The civil forfeiture laws are worse than a lot of the laws we bitch about on here. The War on Drugs opened the door for this, and believe me, they will try to extend it to any area they can. Allowing the police to profit from confiscating property only gives them incentive to manufacture crimes where there are none.

      The current civil forfeiture laws are horrible, but law enforcement will fight tooth and nail to keep them in effect. The potential for these laws to be abused makes the DMCA look fairly innoccuos in comparison.

      FEAR.org has some info regarding these laws as well.

      Don't think that just because you're not a pot-head or a "hacker" that it can't happen to you!

    11. Re:Isn't this America? by Anonymous Coward · · Score: 0

      Love the country(land, etc) and hate the police/government

    12. Re:Isn't this America? by CableModemSniper · · Score: 2, Insightful

      Crap, I'm a pot-head and a hacker. maybe its time to move...

      --
      Why not fork?
    13. Re:Isn't this America? by slickwillie · · Score: 2

      Well, it's not supposed to happen if you are a US citizen. But when that was mentioned in the John Walker Lindh case, Herr Ashcroft immediately said (paraphrasing) "Well, then we'll just strip him of his citizenship, then throw him in prison"

    14. Re:Isn't this America? by medscaper · · Score: 0, Troll
      Yeah, I call bullshit on that one, at least a bit. While I don't feel that the current laws are perfect (are they ever?), I think that it's a hell of a deterrent to tell friends, "yeah, I got caught with three nickel-bags, and they took my f*cking CAR, dude!" And, while being proven innocent SHOULD get your car back, I think it's a great additional deterrent. I think there was a big deal about this a couple of years ago, when their were some criminals crying that they had their stuff taken AND got jail time, which was tantamount to being tried twice for the same crime or something...

      In this case, it was simply retarded for them to confiscate anything, but in cases like drug offenses or DUIs, I'm all for it.

      --
      Any sufficiently well-organized Government is indistinguishable from bullshit.
    15. Re:Isn't this America? by Anonymous Coward · · Score: 1, Insightful

      You're a shithead. Pure and simple.

      And not only because of the fact that you're apparently unaware that these civil forfeiture laws are being used against people who have committed no crime other than having the poor judgement to travel with a large amount of cash.

    16. Re:Isn't this America? by LtOcelot · · Score: 5, Insightful

      Yeah, civil forfeiture is a great deterrent.

      So is summary execution.

      Rarely is either justifiable.

    17. Re:Isn't this America? by Anonymous Coward · · Score: 1, Insightful

      Fuck rarely. Execution is *NEVER* justifiable.

    18. Re:Isn't this America? by glitchvern · · Score: 1
      I think there was a big deal about this a couple of years ago, when their were some criminals crying that they had their stuff taken AND got jail time, which was tantamount to being tried twice for the same crime or something...


      No, there was a big deal about this a few years ago when certain areas of Louisiana became infamous for having state troopers on I-10 confiscate people's cars with out of state plates who had no drugs and had committed no crime. It was next to impossible for the people to get there stuff back even when the were not tried with any crime. Eventually Louisiana had to repeal the law since it was such a problem. I believe it was on 20/20 or something once.
    19. Re:Isn't this America? by Anonymous Coward · · Score: 0

      If your a US citizen they can go crap themselves. They still have to charge you with a crime and let you access to a lawyer yadayadayada. What I believe your refereing to is offshores holding of illegal combatants? Otherwise I am not sure what you mean?

    20. Re:Isn't this America? by Warped-Reality · · Score: 1

      He obviously doesn't want to be a citizen, why not give him what he wants?

      --
      This is not the greatest sig in the world, no. This is just a tribute.
    21. Re:Isn't this America? by st+lietuva · · Score: 1

      So called facts are fraud
      They want us to allege and pledge
      And bow down to their God
      Lost the culture, the culture lost
      Spun our minds and through time
      Ignorance has taken over
      Yo, we gotta take the power back!
      Bam! Here's the plan
      Motherfuck Uncle Sam
      Step back, I know who I am
      Raise up your ear, I'll drop the style and clear
      It's the beats and the lyrics they fear
      The rage is relentless
      We need a movement with a quickness
      You are the witness of change
      And to counteract
      We gotta take the power back

      --
      When was the last time your *REALLY* sat down to read the US Constitution?
    22. Re:Isn't this America? by Radiantal · · Score: 0

      John Walker Lindh is a disgrace to the meaning of being an American. This f@ck gave up his citizenship when he decided to fight against our military last year! Should we have put him in prison when we captured him, hell yes we did and with every right that we stand for we did! I hope they send him to Leavenworth! I'm sure the ex-military prisoners in there would love to get their hands on him!

    23. Re:Isn't this America? by Anonymous Coward · · Score: 1, Insightful

      in your mind, perhaps. For religious reasons, some people believe it is wrong, but most christians like to summarize their commandment of "thou shalt not commit unlawful murder" to mean "do not kill", which is a completely different meaning (especially in a society which largely condoned stoning lawbreakers). Other religions have different views, of course. For pure soceital reasons, any criminal who poses a significant threat to fellow citizens should be put away, and many should be put down. Everyone DIES. It's an absolute. Ending someone's life early becuase they chose not to live by society's rules is not wrong simply because you're brainwashed to think so. If someone is a proven murderer and will spend the rest of his life behind bars, after his appeals are over, I say kill 'em. He's wasting tax dollars and his quality of life beyond that point is next to nothing. (as it should be for punishment for his crime)... may as well put him to sleep. I'm not condoning cruelty here... but people put their dogs to sleep when they are in pain. People should be put to sleep, too when they are violent criminals who have no hope for redemption. Too many criminals are parolled simply because prisons are overcrowded & they kill again or rape someone and end up back in prison.

      You, of course, have the right to your own opinion, but I believe that anyone who intentionally rapes, kills, or causes intense suffering to others for fun should be destroyed as a defective human being. No ifs, ands, or buts. Usually sick individuals like that cannot be reformed, and frankly, don't need to be wasting our resources to provide for. Now, if someone kills out of rage, perhaps they get 10-20 years... if someone kills out of protecting themselves, that's justifiable homicide... Serial killers however all deserve death. They have taken life and cannot give any compensation for that & no punishment will be worthy but death. No sentence will be justice other than death. They have no place left in society b/c if you let them out, they'll likely continue killing. The only use they can provide to society, other than sectioning their brains to discover what is wrong with their wiring and being used for medical experiments, donor organs, or perhaps slave labor would be to serve as an example of what happens to those who commit such serious crimes so that fear of death will be a deterrant for future crimes.

    24. Re:Isn't this America? by ChaoticLimbs · · Score: 1

      Your .sig mentions the firewall testing service. This is a violation of the DMCA. It's essentially low level reverse engineering. It's also an attempt to access a computer system without explicit written (contractual) authorization, a cybercrime. Hold on a few minutes, the FBI and ATF will arrive shortly, execute your wife, children, neighbor and dog, and leave you penniless and alone in the world prior to the trial where you will be found not guilty. Your computer will be government property for being used to post a link to an illegal site. You obviously won't get your family back. In the end, after an eight year legal battle, you'll get some cash as a settlement, and we'll refuse to apologize.
      THE JUSTICE DEPARTMENT

    25. Re:Isn't this America? by medscaper · · Score: 1
      No, this was in California. Some drug dealers' attorneys were fighting to get their sentences revoked because they lost cars, homes, money, AND had jail time. The attorneys said, "Pick one or the other."

      As far as the other comments above about me being an ignorant shithead who thinks summary execution is a good thing, (oh, and I'm a troll) go fuck yourselves. I didn't say anything about summary execution. I said nothing about anything other than the fact that criminals who deal drugs and drive drunk and commit other stupid, heinous crimes, should have more happen to them than a few years in prison, which they weasel out of anyhow. I think having that drug-dealer-fuck's wife pay by having to drive a 15 year old Civic instead of the brand new Caddy they bought with drug money is another thing to help stop this stupid shit. If you think I'm a shithead for thinking that IN THESE PARTICULAR CASES, THIS ACTION IS APPROPRIATE IN MY EYES, then I guess...well...I'm a shithead. If you think I'm a proponent of summary execution of people with out of state plates because they have too mcuh cash, well, you're right there, too. Fuck 'em. One behind the ear, and leave 'em for the rats. All of 'em.

      --
      Any sufficiently well-organized Government is indistinguishable from bullshit.
    26. Re:Isn't this America? by Darby · · Score: 3, Insightful

      Allowing the police to profit from confiscating property only gives them incentive to manufacture crimes where there are none.

      Of course there is also a lot of money to be made building prisons to put all of these evil criminals in as well.

      Let's not forget how much can be made by selling the drugs which the laws make very profitable.
      The little Iran/Contra affair we had a while back demonstrated in front of Congress and the world that high ranking members of the US government were deeply involved in the international drug trade. Oh yeah, nobody remembered who really did what in that, did they? I suppose they all quit that and stopped returning the calls. Oh well, at least none of them will show their faces in public again will they?

      Except for Poindexter. He will just be in charge of tracking your every action.

      This is not a nightmare. Things really are this bad.

    27. Re:Isn't this America? by ClioCJS · · Score: 1

      Yes, but where to move to? Most other countries suck, or have crappy TV shows and/or internet services and/or job market and/or benefits for non-citizens, or are great but don't allow people in (Australia). Where can we go? I really want to know too. Because I want out. And america has little left to over me after being unemployed since Bush became president . . .

      --
      -Clio
      Karma: Bad (mostly from not giving a fuck)
      Blog: http://clintjcl.wordpress.com
    28. Re:Isn't this America? by ClioCJS · · Score: 1
      So dealing drugs is a heinous crime now? Is that way drug users go to jail longer than rapists, murderers, and burglarers?

      It's simple economics. Where there is profit to be made, someone will step up to the plate. It's all part of the "Algebra Of Need" as described by William S. Burroughs. You're an idiot.

      It is very rare that what they take was actually bought for with profit. For example, I knew a guy in school who GAVE some pills to some deadheads. They then asked him to do a favor and HOLD his money (Framing him basically). The cops later testified that he had sold the drugs to them and had witnessed the purchase (PERJURY or as the pigs coined it TESTILYING). He had to buy his own car back at an auction. He was a redneck nobody who made zero money from the sale of the drugs (Which were Xanax -- not even schedule 1).

      Oooh, don't let the Xanax get me and my children.

      --
      -Clio
      Karma: Bad (mostly from not giving a fuck)
      Blog: http://clintjcl.wordpress.com
    29. Re:Isn't this America? by WNight · · Score: 3, Insightful

      My only problem with the death penalty is that you can't take it back if you made a mistake.

      Many (most?) of the people killed deserve it, but I'd rather foot the bill to keep them alive in prison forever than kill any innocent people.

    30. Re:Isn't this America? by Loki_1929 · · Score: 5, Informative

      " Yes, but from that point they have a short period of time to bring you to a judge where they must convince him why they want to keep you."

      I'm certain that's a comforting thought to Jose Padilla who's been imprisoned since May without a trial, access to a lawyer, a telephone call, or one moment without bright lights shining down on him. Yes, the man has to learn how to sleep with the lights on in his tiny cell in a military brig. Anyone who's read 1984 will recognize the rooms with the brights always on with no windows as belonging to the Ministry of Love. I've got news for you; our rights have been eroding for some time, and Sept 11 gave the resident president all the power he needed to bring about a landslide. I hope to God there's a major backlash and soon, or there won't be much left of this country for our children. They'll have to read about it in books, so long as the books they're reading don't make the government suspicious. Perhaps my children will one day turn me in to the FBI for being unamerican.

      --
      -- "Government is the great fiction through which everybody endeavors to live at the expense of everybody else."
    31. Re:Isn't this America? by plasm4 · · Score: 0

      nazi

    32. Re:Isn't this America? by MSZ · · Score: 2, Informative

      IF their property is confiscated as an effect of being convicted of committing some crime in fair trial - it's OK.

      If it's taken without that, it's theft or robbery.

      --
      The moon is not fully subjugated. I demand a second assault wave preceded by a massive nuclear bombardment.
    33. Re:Isn't this America? by blackwizard · · Score: 2

      Also, footing the bill becomes less of an issue since it's cheaper to let 'em rot in jail than to pursue the death penalty. (IIRC)

    34. Re:Isn't this America? by Anonymous Coward · · Score: 0

      Move to CANADA!

      Yes! Seriously, I'm talking out of my ass here but MOVE TO CANADA!!

      Or was it BLAME CANADA!!, aaah yes, that is it. Nevermind then.

    35. Re:Isn't this America? by gibbsjoh · · Score: 2, Interesting

      Fair enough, but you need to be One Hundred Percent certain the person you put to death is guilty. Until a time when you can guarantee this, put a moratorium on executions.

      Also, keeping people alive for 20 or more years on death row is inhumane. People change over that amount of time, expecially when they don't know if they'll see another day.

      >I believe that anyone who intentionally rapes, kills, or
      >causes intense suffering to others for fun should be
      >destroyed as a defective human being.

      That's until, by some law not yet passed, society deems you a defective human being for thoughtcrime or something like that. What goes around comes around; don't support a law or view that you yourself would not like to be the victim/target of.

      Good argument, though. Finally, an intelligent post on the subject!

      --
      -- "...I'm a bad guy because I, well, I sing some rock-and-roll songs." M. Manson
    36. Re:Isn't this America? by Anonymous Coward · · Score: 0

      When do you "deserve" to forcefully terminate your life, and what could someone learn from it other than people are cruel and just want you out of here.

      Will the one who has never done any misdeeds throw the first stone? Nobody is perfect, yet many are eager to throw stones.

    37. Re:Isn't this America? by sql*kitten · · Score: 2

      Allowing the police to profit from confiscating property only gives them incentive to manufacture crimes where there are none.

      We are seeing this in the UK too. Since the police were able to keep money raised from speeding fines, they now concentrate their efforts on motorists at the expense of fighting other crimes like burglary, street mugging, assault, etc.

    38. Re:Isn't this America? by medscaper · · Score: 1
      What the hell? How do you get from "I knew a guy" to "It's very rare..."? That's your evidence? Phhhht.

      Go back to school.

      I bet half the guys in prison for drug sales were "set up" and "just gave the guy something and he asked me to hold his money". In the US, we call that a - now bear with me, here - a S A L E.

      And I think that you're a little off base when you claim that "drug users go to jail longer than rapists, murderers, and burglarers?" It's a common misconception that drug DEALERS do. But they have a lot of press surrounding drug busts because it's good for the shitloads of money the US spends every year to rid this country of the crimes that are tied in with drugs and drug sales - y'know - the murder, rape, and burglary you alluded to. No, I'm not talking about selling a dime bag to your buddy. I'm talking about dealing meth or crack or other more hard-core drugs. And yes, some things that drug dealers do are heinous. Selling drugs to kids is heinous to me.

      And don't lecture me on Burroughs. Give ya a quick example on "simple economics", here. I have a nice truck. My neighbor needs cash to pay his mortgage. So, he taps me in the face a few times with an axe and takes the truck to Mexico and sells it. Y'know - the old "where there is profit to be made, someone will step up to the plate." That automatically means that anyone following simple economic principles is excused from their crimes? I love it!

      Attorney : "Sorry, yer Honor. My client DID brutally shoot 13 people from afar with a sniper rifle, but he was doing it for MONEY."

      Judge : "Oh. Well, that's just simple economics! Didn't anyone here read Burroughs? Case disMISSED!"

      --
      Any sufficiently well-organized Government is indistinguishable from bullshit.
    39. Re:Isn't this America? by Anonymous Coward · · Score: 0
      Yeah, civil forfeiture is a great deterrent. So is summary execution. Rarely is either justifiable.

      Execution sole purpose is not to be a deterrant; it's a punishment.

    40. Re:Isn't this America? by JimFromJersey · · Score: 1

      Societies, like people, have a right to act in self-defense.

      --
      between the greater and lesser infinities sleep the dreams undreamt
    41. Re:Isn't this America? by operagost · · Score: 1

      Hi- mind if I cut in? What's with the straw man arguments? STFU.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    42. Re:Isn't this America? by operagost · · Score: 2

      Whether civil forfeiture is legal or not (it's not if no crime was committed by the defendant), the seizure is still illegal under federal (and most state) law. It's obvious that his Microsoft Office CDs and VCR had nothing to do with the crime. I think it's hilarious that after grabbing all his stuff, the cops (who were essentially just looters) left the one PC that actually had evidence on it- the living room PC.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    43. Re:Isn't this America? by fscking_coward_2001 · · Score: 1

      In court, you'll be judged "guilty" or "not guilty". You're never "proven innocent" in the United States' criminal justice system. I hope you'll agree that there is a big difference between the two.

      As far as asset seizure goes, IF a person is found guilty AND assets enabled the crime or are the profit from the crime, then I believe those assets should be forfeited. But to seize on suspicion of guilt is abominable.

    44. Re:Isn't this America? by corey_lawson · · Score: 1

      The speeding ticket should be the least of your worries. Think about your car insurance. At least in the US, if you don't get dropped from your coverage (and put into a higher-risk group, which means your premiums will be higher), you are gonna be paying higher premiums for at least 3 years...

      The ticket is a one-time charge.

    45. Re:Isn't this America? by tetra103 · · Score: 1

      Yes, I saw that 20/20 too and to this day my wife and I will never visit Louisiana.

      I have a Lousiana story too. A college bud walking the street in New Orleans and a cop asked him to show his id. He pulled out is license and the cop hauled him off to jail. He was from Upstate, NY. The cop charged him with harrasing some girl. They put him in a line up and he was told that he was positively id'ed by the girl. As you can imagine, this was a pretty freaky incident. His folks wired the money to get him out on bail. I think it was a couple thousand or so. So anyway, I'm not sure the details, but the case was dropped or he was let go. He wasn't proven innocent, but he wasn't convicted. Whatever the case, because he wan't proven innocent, the family never got the bond money back. He ended up out a couple thousand and with a criminal record. This was a strait aced kid. The whole thing was pretty suspicious and didn't sound right, but he couldn't fight it. I think it was just a setup scheme with the cops and the bonds man. This was all the same time as the 20/20 thing with out of state drivers. I will never travel to Louisiana because of this.

    46. Re:Isn't this America? by Anonymous Coward · · Score: 0

      Too bad the Supreme Court Justices decided to trash the 4th amendment long ago. Now, no one in this country has the right to expect to be secure in their person or property. And yet, law enforcement want MORE power!!! How much more power?!? They seem to have the right to rifle and conficate every one of your possession based on a LIMITED search warrant based on tainted police testimony. Years and loads of money later for your attorney, you can "prove your innocence" and maybe get back 2% of your belonging. You will then have the right to apply for Public Housing and Food Stamps for the next 12 months while you are unemployed.

      Sounds a lot like the Inquistion of old, eh? Next thing, they will want to torture confessions out of the suspects? I hope not, but if its for the "war on drugs", the court will give its nod and wink.

    47. Re:Isn't this America? by Anonymous Coward · · Score: 0

      Execution sole purpose is not to be a deterrant; it's a punishment.

      That would hardly make sense. The purpose of punishment is generally either to try to reform somebody (that will make you think twice), or to establish a measure of justice (it is only fair that this happen to you since you did this to them).

      In the case of capital punishment, you obviously aren't going to reform them, since they're dead. I tend to think the other reason behind punishment is a silly one - taking out your anger on the guilty party doesn't fix the problem that the crime happened in the first place.

      I'm completely in favor of capital punishment with due process. However, despite the name given it, I do not see it having any value as punishment. The two main purposes of execution in my mind are to:

      1. Remove from society a guilty party that is unlikely to be reformed.
      2. Deter others from the same crime.

      Both reasons don't always apply in every case, but as I see it, capital crimes tend to fall into two broad categories:

      1. Rational crimes - the criminal made a calculated decision to kill somebody.
      2. Irrational crimes - the criminal was insane.

      In the case of #1 - deterrance is a good way of preventing the crime. The criminal has weighed out the costs and benefits, and society needs to up the costs side of the equation.

      In the case of #2 - I'd argue that reform may or may not be possible. If reform isn't possible, what is the point of keeping the person around just to rot in a jail? Insane offenders who can be reformed, however, probably should be set free.

      Can a perfect determination be made? Probably not. However, no human institution is perfect. On the balance, I think more lives are saved by capital punishment, than taken wrongly by it. The "take no innocent life" standard sounds nice, but the whole purpose of capital punishment is to preserve innocent life - the lives of what would otherwise be future victims...

    48. Re:Isn't this America? by blueskies · · Score: 1

      The problem is that the Police department benefits directly from the forfeiture. There is a conflict of interest here. It won't be so bad if the assests went back to taxpayers instead of the police departments to prevent the police from targeting enforcement towards the crimes that will rake in the most assests.

      There was some case in CA where a wealthy man with a large estate was targeted (mainly because he had a lot of money) and actually killed when agents burst in his home and shot him. The did not end up finding any drugs on his property. Supposely the police department had paperwork on the assessed value of his entire estate and were all set to divide it up with the DEA.

    49. Re:Isn't this America? by arkanes · · Score: 2
      Legalize drugs and magically watch most of the crime surrounding it vanish. The war on drugs is a political tool, plain and simple, and while some drug dealers may very well be heineous people, there's plenty that aren't - depending on where you are, of course. I used to live in Northern California, where pot is a HUGE, if underground part of the local economy. There's very little crime related to it, and what there is, is totally derived from the rabid pursuit of the drug war. Drug dealing is the classic victimless crime - there's no societal gain from it being a crime, and certainly none for the extreme penalties associated with it.

      As for jail sentences - the rules on possession with intent to sell are very loose, so being a "user" is not really different from being a "dealer" in the eyes of the law.

    50. Re:Isn't this America? by WNight · · Score: 2

      Without getting all metaphysical and silly, I think you can say that people deserve treatment like they give to others. If they go around killing other people I think they "deserve" to be killed in a similar fashion. Much like someone who goes around helping others "deserves" to be treated kindly and helped in return.

      I don't see any reason why I need to be completely without sin (if I believed in the concept) to be "better" than a murderer and capable of supporting their death.

      That said though, I think a death penalty law is always a bad idea.

    51. Re:Isn't this America? by ClioCJS · · Score: 1
      Except that I'm in virginia, and I'M FREEZING MY ASS OFF AND FEEL LIKE I'M GOING TO DIE OF EXPOSURE. Virginia is too damn cold. I can't move north. I'd die.

      Believe me, I'd be in canada already if it was located where Mexico is.

      --
      -Clio
      Karma: Bad (mostly from not giving a fuck)
      Blog: http://clintjcl.wordpress.com
    52. Re:Isn't this America? by ClioCJS · · Score: 1
      Exactly. Passing a bowl to someone is considered distribution. In a drug free school zone this can be a life sentence. Owning a firearm not related to your drug offense (ie in a safe in your house) is a 10 year mandatory minimum. So many people can not (or at least should not) own a gun and in effect preemptively lose their 2nd amendment rights.

      And no, there is no distinction for drug users / drug dealers. The average federal drug sentence is 10 years. No distinguishment from users or dealers. The avarege murder sentence is 6 years.

      And no, giving somebody something, then having (not even the same person, but someone else in their party of people) ask you to hold the money for a day is NOT a sale. And lying in court is not right either. Especially when it's the police doing it. Or do you even know about the massive police corruption going on? I get a newsletter every week and they publish one police corruption story a week. Only there are more than one each week and they have to pick the most heinous "winner of the week". People's lives are being unjustifiably destroyed on a daily basis. By people like you. You should be dragged out and shot.

      Go back to school? I already have my degree in Computer Science, though that is hardly relevant.

      Would you rather have someone steal your nice truck than sell a dime bag to someone who would have bought it from someone anyway?

      And as for your brutally shot 13 people comment -- this comment was about drug dealers, not murderers. If someone shoots something, there is no fucking economic defense. Over 50% of the people in federal prison have never comitted a violent crime. Shooting 13 people is a piss poor analogy.

      Another EXAMPLE, I knew someone who was in jail / house arrest for 2 yrs for ecstacy conspiracy. She never actually had ecstacy. There was no evidence. She just talked about it on the phone. What a brave new world we live in.

      --
      -Clio
      Karma: Bad (mostly from not giving a fuck)
      Blog: http://clintjcl.wordpress.com
    53. Re:Isn't this America? by Frobnicator · · Score: 2
      Drug dealing is the classic victimless crime - there's no societal gain from it being a crime, and certainly none for the extreme penalties associated with it.

      Except that it isn't.

      When you [any druggie, not you personally] are totally wasted you:

      • spend money on the (illigal) drugs. That money goes to the dealers, which goes to the importers which goes to... the drug cartels, organized crime, and terrorism.
      • cost your employer by not showing up or poor performance
      • injure your health
      • cost your insurance, and therefore society
      • impact your family
      • are more likely to harm other people and property

      But if it were legalized...

      The money would go to the mega-drug corporations and those drug cartels, but they don't sponsor terrorism directly. (Some would argue they are their own organized crime.)

      The society problems remain. Your employer, insurance, family, friends, and strangers all end up being injured. That's why it isn't victimless. That's why they are illigal.

      frob.

      --
      //TODO: Think of witty sig statement
    54. Re:Isn't this America? by arkanes · · Score: 2
      Please re-think everything you just said, but replace "drugs" with any or all of the following:
      • Alcohol
      • Nicotine
      • Caffeine
      • Guns
      • Cars
      • Free speech

      For what it's worth, while I have done drugs, I don't now (and haven't in years, and never was a heavy user), I only rarely drink, and I don't smoke. There's no personal gain for me here, I just think it's moronic to outlaw something that doesn't need to be.

      Spending money on anything will benefit somebody, whose goals you may not agree with. Hell, I don't like the fact that my income tax goes to congressional pork projects in other states. That's at least as bad as a drug dealers Mercedes.
      My poor performance at work doesn't have jack shit to do with anyone but me and my employer - and drugs aren't going to hurt it anymore than alcohol will.
      Insurance doesn't cost society anything, it comes right out of my paycheck.
      The impact on my family is, again, nobody's buisness but mine and my families. If were were going to make laws about that, how about we make stressfull Thanksgiving dinners with the in-laws illegal?

      Everything you mention is a consequence of free will - there's no harm to anyone except me.

    55. Re:Isn't this America? by Frobnicator · · Score: 2
      I would include Alchohol in that group, because it is a regulated drug. I wouldn't put the others in the same group.
      Insurance doesn't cost society anything, it comes right out of my paycheck
      Insurance is based on everyone supporting the payments. It is well documented that people impaired with drugs/alcohol engage in reckless activities. Just look at the number of accidents caused by drunk drivers. Although I have never been in a car accident, my car insurance payments pay for those other people's accidents. That means THEIR damage affects MY finances. That's a social impact.
      The impact on my family is, again, nobody's business but mine and my families
      Except alcoholics and drug abusers are more likely to physically and emotionally abuse their family. Those have a toll on the person, the police when they need to get involved, the courts, welfare and family services, education of the children (it is well documented that children do not perform well at school when being abused).

      The other things you mentioned ARE regulated, so to say that Drugs shouldn't be regulated when they have MORE of an impact is a bad argument.

      frob

      --
      //TODO: Think of witty sig statement
  5. *SIGH* by $0+31337 · · Score: 0, Insightful

    This is the same old, same old... People violating contracts or laws and then getting angry when the heat finally comes down on them. "Man, I can't believe office [insert local cop name here] stopped by for going 8 over the speed limit".. Fine.. go out and be an activist and try to get the speed limits upped. "Damn.. My webhoster [insert webhoster name here] shut down my account cuz I was serving MP3s and Warez". Copyrights laws are just that.. laws. People uncapping their cable modems when it violates their service agreements should be stopped. Follow the rules or find a provider with better rules.

    1. Re:*SIGH* by FirewalkR · · Score: 3, Funny

      r u mad??? The freakin' FBI in your house coz you uncapped your modem?? Sheesh! :|

    2. Re:*SIGH* by Anonymous Coward · · Score: 0

      So the next time you jwalk...DEATH penalty..one less moron on the planet!

    3. Re:*SIGH* by Anonymous Coward · · Score: 0

      "Man, I can't believe office [insert local cop name here] stopped by for going 8 over the speed limit"

      This is more like, "Man, I can't believe Officer Whatever's house was raided and his possessions seized as evidence for going 8 over the speed limit."

    4. Re:*SIGH* by TitusC3v5 · · Score: 5, Insightful

      "Man, I can't believe office [insert local cop name here] stopped by for going 8 over the speed limit"

      And I'm sure he called for lots of backup and confiscated your car, too, right? The problem is not that the law was broken; the problem is that the tactics used were those akin to what would be used against a terrorist, when in reality the suspect was nothing more that a petty thief.

      --
      And the masses cried out, "09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0!"
    5. Re:*SIGH* by Anonymous Coward · · Score: 0

      There's sort of a difference between getting a civil penalty for getting convicted of violating a contract and having FBI agents pointing guns around without being convicted of anything.

    6. Re:*SIGH* by mindstrm · · Score: 2

      Yes.. well...
      Dont'forget that, in some cases, this is a matter of
      a) No contractual speed limit
      b) Speed limit is set by a setting in the modem the person OWNS
      c) Nobody said NOT to do it.

      So although you might think it's 'obvious" that the cable company wont'like it... that is grounds for terminating service, not having the FBI show up.

    7. Re:*SIGH* by antis0c · · Score: 5, Funny

      Exactly. Just like if I stole some twinkies from my local store so the police create a dragnet and shut down 12 city blocks.

      Its called Excessive Force.

      --

      ..There's a-dooin's a-transpirin'
    8. Re:*SIGH* by beej · · Score: 2
      You are missing two very important points here:

      1. In the eyes of the law, no crime has yet been committed. These people are innocent until proven guilty.
      2. The FBI seized the property of innocent people.

      You obviously don't care about item one, but if item two doesn't bother you, you suck. You just wait until you commit a crime (er, I mean, are accused of committing a crime) and see if you get my sympathy.

    9. Re:*SIGH* by $0+31337 · · Score: 1

      Since you're one of the few responses to my post that didn't post as anonymous, I'll repsond to you... I agree that the FBI raiding houses if far too much for the crime but it's still a crime. I mean, where do you draw the line? Why is it ok to violate a contract with your ISP but not break copyright laws? Don't wanna start a flame war or a fight. Just my point of view :)

    10. Re:*SIGH* by $0+31337 · · Score: 1

      In the eyes of the law, no crime has yet been committed. These people are innocent until proven guilty.

      True, but from what I know of the law, law enforcement agencies are allowed to collect evidence. Without the hacked modem, no evidence. Was it excessive for the crime? Sure.. But it is a crime.

    11. Re:*SIGH* by Anonymous Coward · · Score: 0

      There is a big differance in speeding that is a state law and violating a contract.

      One is a civil issue between two parties

    12. Re:*SIGH* by HyperMind · · Score: 1

      So then, the FBI should be called in for ALL contractual disputes? Uhh.. big negative there ol' buddy. Breaking a contract is NOT a criminal offense unless proven in a "Court of Law" (sound familiar?) that the breaking of said contract is a deliberate and intentional act to defraud. Don't believe me? Call the police next time someone breaks a contract with you. "Sorry Mr. Spewchoke but there's nothing we can do. It's for the courts to decide."

    13. Re:*SIGH* by $0+31337 · · Score: 1

      that the breaking of said contract is a deliberate and intentional act to defraud

      defraud

      v : deprive of by deceit; "He swindled me out of my inheritance"

      "Why yes Mr. ISPtech, I'll agree that I won't uncap my cable modem and I'll prove it by signing your terms of service."

    14. Re:*SIGH* by Zebbers · · Score: 1

      we draw the line everyday. Thats why there is a judicial system, thats why we have judges and juries. If killing somebody was always a crime we wouldnt need that. If killing somebody always deserved the same amount of punishment, our judicial system would be useless.

      christ, I cant believe there are people walking around who think like you. Im sorry but there is a HUGE difference between uncapping a cablemodem and stealing tvs from bestbuy and selling them.

    15. Re:*SIGH* by digerata · · Score: 1
      I will jump in here...

      Its not okay to violate a contract with your ISP or break copyright laws.

      I think the only argument is whether or not the punishment was reasonable and if it wasn't, how can a corporation bring to bear such wanton grief on these few individuals?

      --

      1;
    16. Re:*SIGH* by $0+31337 · · Score: 1

      christ, I cant believe there are people walking around who think like you.

      Sorry I shattered your perfect world

      Im sorry but there is a HUGE difference between uncapping a cablemodem and stealing tvs from bestbuy and selling them.

      How do you figure? ISPs sell a product, that product is bandwidth. Bestbuy sells products, one of those is TVs. If we go by what your saying, then stealing from one company is ok but stealing from other companies is bad and should be punished? I realize that we draw the line on things like self defense in murder trials but in this situation you seem to agree with me that the cable modem uncappers are in fact stealing! Stealing = Stealing. You want more bandwith, pay for it.

    17. Re:*SIGH* by runenfool · · Score: 2

      Believe it or not we have civil forfeiture laws in this country. Even though in this case the stuff was probably used for evidence, the police can actually come in and take your stuff if they think it was used in a crime and never give it back even if you are found not guilty.

      These are routinely used against drug offenders (who haven't been found guilty). I understand they have also been used prosecute suspected drag racers and DUIs in NYC (they take their cars and sell them at auction - guilty or not).

      The reason they can do this is that if you are found not guilty in criminal court it doesn't mean you aren't guilty of the civil crime. The problem is that they can sell your stuff without so much as a trial. Its ridiculous.

    18. Re:*SIGH* by MaximusPrime · · Score: 0



      "Man, I can't believe office [insert local cop name here] stopped by for going 8 over the speed limit"..

      So his modem was going over the speed limit, why not just give him a ticket and move on ? Why confiscate stuff ?

      Just suspend the service based on a breach of contract and that's it.

    19. Re:*SIGH* by jasonditz · · Score: 1

      Violating a service agreement is not the same thing as committing a crime. Any contract has provisions in it for the recourse of a party if the other broke the agreement, I'm sure the FBI was not mentioned.

    20. Re:*SIGH* by oldhacker · · Score: 4, Interesting

      Nope, 'excessive force' is when they smash your face in the process of arresting you for stealing the twinkies. If the police want to shut down 12 city blocks to apprehend you it might be poor judgement, but it ain't excessive force.
      A while back near here (central NC) some poor turkey was pulled over by the local sherr'f depptiy because he was driving a truck with a stolen lawn mower or some such in the back. Said master criminal ran into the woods to get away. Unfortunately for him a van full of SWAT team types on their way to a training class saw the flashing lights & pulled over. Called their buddies in another van and a K9 unit that was also headed to the training class. Borrowed a helicopter from the highway patrol that just happened to be completing repairs at an airport nearby. Finally the couple dozen cops, deputy dawg, and bear in the sky flushed a very scared petty thief out of the woods. If I were him I'd have been peeing in my pants too, wondering if they had mistaken me for an escaped child murderer or CEO or some other completely vile creature to be spending this many resources on hauling my butt out of the woods. Moral of the story - it wasn't excessive force, just excessive zeal on the part of a bunch of cops who decided they'd rather chase a bad guy than go to some ol' training class.

    21. Re:*SIGH* by dh003i · · Score: 2

      Hey, fuckwit, the FBI is supposed to be dealing with serious crime -- serial killers, serial rapists, rapists, killers, terrorists, child molesters, etc. Not busting some schmuck for uncapping a cable modem. Fucking moron. The state should not waste valuable resources enforcing contracts. That money should be spent stopping real crime. Enforcing contracts should be the last priority. And when we do use the state to enforce them, there's no need for the FBI to get involved. Since when has violating a contract been a criminal offense? Sorry, but if you put a device in my home and I pay for it, I'm going to take the liberty to do whatever the fuck I want with it; if that violates some contract, its hardly a criminal matters. If you don't like it, you can cancel the contract.

      Rather than simply cancelling these guys service, this ISP had to make a mountain out of a molehill and waste our taxpayer dollars arresting people for something which isn't even as bad as speeding (when you speed 60mph down a local street, someone can get killed; who exactly can get killed by uncapping a cable modem?).

      Copyright, patent, trademark, trade-secret, and defamation laws are just tools for the rich and powerful to use against the poor and powerless; they've been corrupted from their original intent, in which they were to be of sparse scope and duration and used only to promote progress, to some idiotic theory that people have the right to own information. All current IP laws are unconstitutional, as are the retroactive extensions of copyright. These laws should be rewritten to drastically scale back both their scope and duration. 90% of the things which are patented today, for example, shouldn't be because they are trivial non-sense. Organisms shouldn't be patentable, nor should genes, nor anything having to do with life. Business methods or models shouldn't patentable. And many "inventions" simply shouldn't get a patent because they're useless or because they're trivial modifications of existing technology.

    22. Re:*SIGH* by nervous_twitch · · Score: 1
      Stealing = Stealing

      Stealing $50 != Stealing $5000

      --
      Trees everywhere, and not a forest in sight.
    23. Re:*SIGH* by Anonymous Coward · · Score: 0

      Really, you have just made many points for the other side nitwit.. Many times the companies have the market locked up to the point that there ISN'T another provider.. Indeed, if they did uncap their modem, they are in violation of a contract, not a law.

    24. Re:*SIGH* by geekee · · Score: 1

      Search and siezure is used to collect evidence. What the hell do you expect the FBI to do, call up the suspect and ask him to please bring his computer to FBI headquarters to help in an investigation? Are you going to say that they shouldn't have conviscated Malvo's .223 rifle either? He's innocent until proven guilty too.

      --
      Vote for Pedro
    25. Re:*SIGH* by plague3106 · · Score: 1

      A service contract isn't a law though, and i don't see why the police are getting involved in this.

    26. Re:*SIGH* by $0+31337 · · Score: 1

      Okkk... In the same respect murdering 1 person != murdering 10 people. Still murder isn't it?

    27. Re:*SIGH* by civilizedINTENSITY · · Score: 2

      yeah right...but then they seized your car for going 8 MPH over the limit, and then went to your home and seized your wife's car, and your kid's bikes. "Same old, same old" in your neck of the woods, maybe. Not in mine. And it shouldn't be in yours.

    28. Re:*SIGH* by Anonymous Coward · · Score: 0

      ahem please let me know what law is broken by uncapping a modem I own? there has not been ONE law broken..

      Where the hell is the ACLU on this? what the hell are they for? oh wait it wasn't a bunch of BLACK kids that got attacked... nevermind....

    29. Re:*SIGH* by meatspray · · Score: 3, Insightful

      yes and no,

      Although people are presumed innocent until proven guilty, there is often need to collect the evidence to verify the facts of the case. If you go out and shoot someone, and it gets caught on video tape, they're going to find all your guns, round them up and send them off to some balistics lab for testing. You woun't see me argue with that. It makes sense and part of me sleeps a little better at night knowing that this is the way it is.

      A lot of federal laws cover severe things that need elevated levels of attention.

      The same would go for someone hacking into a bank. If they catch traffic from your computer hacking into a bank and stealing money, wether or not you're doing it, they need to take your computer. It needs to be analyzed and the people responsibe tried.

      The true travisty here is accusing these uncappers of a Federal crime, this is realistically at most a misdemeanor. What the users did was blantantly wrong, I'm sure there's some 'no tamper' clause in one of the service contracts.

      I think it would have been far more appropriate to black-list these people from local broadband, maybe the local Cable co work together with the local dsl providers, make it so these people can't get back online. That should be a deterrant enough.

      There was absolutely no need to drag the feds in for this, it's little more than publicity stunt and a huge waste of our money.

      What laws need more than anything else they can never have, true common sense, if they had that ninety-nine percent of the court systems would be pointless.

    30. Re:*SIGH* by digerata · · Score: 1
      Its still murder but what is the punishment?

      ...10 counts of whatever they give you.

      The same here. You are punished appropriately for what the crime was and what was involved.

      You aren't given the death penalty for stealing 5000 dollars. The same as you aren't fined for murdering someone.

      Its the *appropriate* punishment for what you did that counts.

      --

      1;
    31. Re:*SIGH* by grape_soda · · Score: 1

      maybe the goverment feels that any wrong doing thats related to the internet has the potential to be "cyber-terrorism".. thats the only thing i can think of. pretty soon you wont be able to wipe your own ass w/o having big brother watching you (im sure they probably already know what brand of wipe you use, and the color of jockeys..)

    32. Re:*SIGH* by LinuxHam · · Score: 2

      Jeez. I guess I was lucky to get my police scanner back the night I was cuffed and stuffed for egging pedestrians on mischief night.

      --
      Intelligent Life on Earth
    33. Re:*SIGH* by sirsex · · Score: 1

      you aren't fined for murdering someone.

      Oh yes you can. Ask O.J. Simpson.

    34. Re:*SIGH* by cyberlauncher · · Score: 1

      So if I buy a goldstar 12" b/w tv at the local walmart and by some slight of hand, convert it into a 52" sony tivo, am i guilty of theft? Would walmart accuse me of theft because they sold me an underpriced tivo? If a clever individual uncapps a modem that he lawfully paid for and gains more value for himself, where's the problem? Kinda reminds me of all that flack over the Iopeners a while back where the company management didn't realize that it could do more than just be an internet appliance. It's simply shortsightedness and fast-buck greed of the corporations coupled with their impotence of fixing the actual problem of crappy service/product.

    35. Re:*SIGH* by guibaby · · Score: 0

      In this case violating contract != stealing

      --
      Historically, the claim of consensus has been the first refuge of scoundrels.
    36. Re:*SIGH* by guibaby · · Score: 0

      Why yes Mr garbage man, I won't put out more than 3 bags of garbage and I'll prove it by signing your terms of service.

      Three days later.

      I'm sorry sir your under arrest for putting out five bags of garbage. BTW we are taking your sofa and your garage door opener as evidence.

      What!!!?????

      --
      Historically, the claim of consensus has been the first refuge of scoundrels.
    37. Re:*SIGH* by j_w_d · · Score: 2

      Thanks to local construction, Wirtz, who never signed a contract with Buckeye, claims his broadband connection was incapable of achieving speeds higher than 128kbps down. By utilizing a Cisco configuration file, he uncapped his Motorola Surfboard modem to 2.5MBps, for what he estimates was no more than a total of 16 hours, and only when he needed to move large files.

      Apparently not everyone even HAD a contract. Though the "16 hours" bit DOES sound disingenuous to me.

      The article states that the ISP is claiming that collectively the "suspects" had "stolen" over $250,000 in bandwidth, which in turn lead to the Gesta - ah - the FBI knocking on doors and "seizing" all the coolest hardware, while leaving the only real "culprit" piece in place. The FBI apparently is interested in economic crimes that are not big ticket items. The ISP had to indulge in some very creative accounting in order to demonstrate how really aweful the offenders. I should also think that the FBI neglected to check the complainant's arithmetic to be sure there wasn't a misplaced decimal point or two.

      Shryock also confirmed the company wasn't sure how customers were getting the extra speed. "We don't fully understand how they're pulling this off just yet, but we're learning more every day."

      In other words the ISP isn't simply dishonest, but incompetent as well, since their cusomers could use a simple configuration on file on their cable modems to reset them. Bandwidth management should have been handled at the server end. Any dial-up modem can be forced to a speed limit. The servers owned by the ISP should be far more sophisticated.

      --
      ------ The only greater hazard to your liberty than n politicians is n+1 politicians.
    38. Re:*SIGH* by buzzcutbuddha · · Score: 1

      No..It IS Excessive Force. Excessive Force occurs when the amount of manpower and/or the actions of said manpower far exceed the reasonable expected need to place someone under arrest.

      I don't care what the motivation is, it's still excessive force in your story, and in the story in Toledo.

    39. Re:*SIGH* by buzzcutbuddha · · Score: 1

      It would have been just as effective for Buckeye Cable to have sent Cease and Desist Letters to the uncappers, and shut down the services of those who did not. The case could have been handled in a civil court, with Buckeye Cable suing for restitution. The matter could have been handled completely by the local police, or barring that, the Ohio State Police, who almost certainly have their own Electronic Crimes Department.

      >I mean, where do you draw the line?
      I draw the line when a local cable company involves the Federal Government for something that while may have cost Buckeye Cable money, is not clearly illeagal, especially considering the article states that some people DID NOT sign agreements stating bandwidth caps.

    40. Re:*SIGH* by $0+31337 · · Score: 1

      ... And I understand that the method used was over the top but again, once you break a rule, the penelties aren't really for you to decide. I mean, if the cable company wanted to shell out money they could have sent 5 helicopters to circle the houses too.. more dramatic but still the same outcome. My feeling is that once you break a contact or you break the law you're kind of at the mercy of the person that you wronged. As far as the people that didn't sign contracts are concerned, two things could happen 1] They owned the cable modem and therefor no damage was done to the cable companies equipment and they will be cleared of all wrong doing due to the fact that they didn't do anything wrong or 2] If the cable company owns the modem, they are still in violation for tampering with their equipment.. This is the same thing as taking off a cable filter to get more channels.

    41. Re:*SIGH* by sunking2 · · Score: 2

      If you can't do the time, blah blah blah. If you're smart enough to uncap your cable modem then you should have been smart enough to understand that what you are doing involves activities that fall into the jurisdiction of the FBI.

      The FBI does not do anything half ass, when they act, they throw their weight around. Excessive, perhaps, but I guess the people who did this should have thought a little bit more about what could happen.

      Plus, who knows, maybe the FBI knows something about these guys that we don't and they are terrorists ;)

    42. Re:*SIGH* by MSZ · · Score: 1

      Search and siezure is used to collect evidence. What the hell do you expect the FBI to do, call up the suspect and ask him to please bring his computer[...]

      Search and seizure of evidence is supposed to be limited to, what a surprise, evidence or possible evidence, which means items somehow related to the crime.

      What's the relation of VCR to "evil act" of modem uncapping? I can understand them seizing computers, there's probably software used to uncap the modems, the modems itself, PDAs, notes, disks etc since they might possibly contain related information (like "Uncap your modem and get FBI to visit you HOWTO"). But VCR? Why not seize the lawnmowers also?

      --
      The moon is not fully subjugated. I demand a second assault wave preceded by a massive nuclear bombardment.
    43. Re:*SIGH* by Anonymous Coward · · Score: 0

      My feeling is that once you break a contact or you break the law you're kind of at the mercy of the person that you wronged.

      The RIAA would just love you then...

      Picture this - I write a shareware app. I include in the click-through EULA a clause stating that you must mow my lawn at your expense for the rest of your life.

      If you try to get out of it, well then, I guess you should just have to throw yourself at my mercy - you deadbeat contract-breaker...

    44. Re:*SIGH* by buzzcutbuddha · · Score: 1

      No, it's not the same thing. Here's the crucial difference. If the cable company wants to spend their OWN money to buy helicopters to fly around the houses of people who uncap modems, wants to rent clowns with megaphones riding elephants to parade around Toledo trumpeting the evils of uncapping their modem, hell even putting ads on TV and billboards to that effect, fine. That's their choice, it's what they want to do I have no problem with it.

      But to spend federal time and resources, so paid for by US, on something that is clearly a gray legal matter, and to seize the assets of these people indiscriminately without first establishing guilt is heinous and SHOULD NOT have happened.

      So if Microsoft wants to send Federal Agents to your house tomorrow to seize all of your assets and arrest you because you've not followed the EULA, you'll think that's okay?

    45. Re:*SIGH* by geekee · · Score: 1

      Maybe they found some homemade "how to uncap your cable modem" video tapes.

      --
      Vote for Pedro
    46. Re:*SIGH* by Rakarra · · Score: 2
      So if I buy a goldstar 12" b/w tv at the local walmart and by some slight of hand, convert it into a 52" sony tivo, am i guilty of theft?

      Nope. But if, say, you smuggled some more equipment out of Walmart without paying for it that let you convert the tv to a tivo.. that would be stealing. In the case you mention, you're only depriving Walmart of potential revenues. In the latter case, you're depriving them of actual revenues. (It's a crappy analogy, I know, but the original analogy wasn't accurate either). Bandwidth is not free, it is not even cheap. A 1.5Mbps connection costs less money for the ISP than a 10Mbps connection does. If the ISP could provide more bandwidth to everyone at no cost to themselves.. then yes, you could make the point that there should be nothing wrong (or at least illegal) with uncapping your modem. But that's not the case, and that's what differentiates this situation from, say, overclocking your Celeron or copyright infringement. Now I'm not convinced that the FBI needed to be involved, and I do think they were overzealous in confiscating equipment. But there is actual monetary loss here, and this isn't the madeup BS that the record companies put out either. There's no difference between this case and, say, filling up your car's tank with gas and driving off without paying for it.

  6. Astounding.. by erax0r · · Score: 3, Insightful

    Computer crimes like this simply astound me...Its not the physical crime that shocks me its the punishment. What did they do that was so dead wrong? They in essence gained access to some extra bandwidth in which they were allowed to use. Consequences should immediate termination of the account end of story. WTF is wrong with society today. I don't know maybe I sound juvenile but punishment for a virtual crime such as this seems like a total overkill...

    --
    .[[erax0r]]. .[[/burn.]]. .[[/bros.]].
    1. Re:Astounding.. by Spazholio · · Score: 5, Funny

      " I don't know maybe I sound juvenile but punishment for a virtual crime such as this seems like a total overkill..."

      I dunno man...if that's juvenille, than I don't know if a word exists for what passes for conversation here sometimes....

    2. Re:Astounding.. by LostCluster · · Score: 4, Interesting

      What's more astounding is that they couldn't understand exactly how it happened...

      Huh? It's their network. It's outright stupid for them to not understand exactly how their network behaves. Security-by-lawyer really isn't that good of a network protocol...

    3. Re:Astounding.. by Icefyre · · Score: 1

      Consequences should immediate termination of the account end of story.

      But then the ISP would be losing a paying customer. Much more sensible and lucrative to call in the FBI.

      --
      "I'm not a vegetarian because I love animals. I'm a vegetarian because I hate plants."
    4. Re:Astounding.. by doorbot.com · · Score: 1

      Security-by-lawyer really isn't that good of a network protocol...

      I've heard the response times are pretty bad too.

    5. Re:Astounding.. by Random+Addict · · Score: 2, Informative
      erax0r wrote:
      What did they do that was so dead wrong? They in essence gained access to some extra bandwidth in which they were allowed to use. Consequences should immediate termination of the account end of story.

      Hmm...this is interesting. It seems to me just about everyone is missing the point here. One poster suggests this is just a normal consequence of breaking the law, ignoring the fact that the normal consequence in this instance would -and should- simply be termination of service. It leaves me wondering if folks here read the same story I did.

      What happened here is nothing new, really. Read up on characters such as Huey Long. Anyone ever hear of Tammany Hall? A local political machine with aspirations of grandeur had their toes stepped on...they are stepping back. I'm not saying this is right, far from it. But everyone seems to have missed that there is a corrupt political machine right in the foreground of the story. Wannabe empire builders, petty kings, whatever you want to call them. It's an old story here in America, and this won't be the last time it is played out either.

      --
      __
      The optimist proclaims we live in the best of all possible worlds. The pessimist fears this may be true.
    6. Re:Astounding.. by Anonymous Coward · · Score: 0

      What is truely astonding is Buckeye's total lack of security. There is a very effective way for the CMTS to prevent cablemodems from being "uncapped". Most CMTS's images have features that only allow CM files that have a checksummed encrypted "password" in the CM binary. So, unless you can guess the "secret word" and put in your uncapped, self-served CM binary file, you are SOL pal. This is been a standard feature since DOCSIS 1.1

      Most modern Cable Providers take full advantage of this feature. Someone should sue Buckeye for wasting valuable tax-payer money on frivalous prosecution of a percieved crime which Buckeye could have easily prevented.

    7. Re:Astounding.. by Tassach · · Score: 5, Insightful
      What did they do that was so dead wrong?
      Piss off somebody rich and powerful who could call in heavyweight political favors and unleash the full might and fury of the US Government against them. The Block Family wants to send a message to everyone in the Toledo area: "We own you. Don't fuck with us, or else. Be a good little consumer and (maybe) we won't hurt you."

      This is yet another example of how far out of control the FBI has become. This is an abuse of power as frightening as Ruby Ridge or Waco. More so - more so, even. At least in Ruby Ridge and Waco there was at least a pretense that the subjects were armed and potentially violent. These people were just ordinary people working in their homes. It's not like they were distributing child porn, or soliciting 13 year old girls to have sex, or stealing credit card information. They were, in effect, eating "too much" at what was advertised as an all-you-can-eat buffet. The FBI has no business whatsoever being involved here. At most, Buckeye should have sued these people in civil court for breach of contract. Unfortunately for all of us, the cable companies bought themselves laws which basically makes the police their contract enforcement agency.

      Shit like this just reinforces my belief that our legal system is broken beyond repair.

      --
      Why is it that the proponents of "one nation under God" are so eager to get rid of "liberty and justice for all"?
    8. Re:Astounding.. by Anonymous Coward · · Score: 0

      why should a computer crime carry a lesser weight than say speeding in a car? It's the same thing, except on a different level.

    9. Re:Astounding.. by j_w_d · · Score: 2

      why should a computer crime carry a lesser weight than say speeding in a car? It's the same thing, except on a different level.

      Ah but what was the crime, how defined, and by whom? The article says uncapping is illegal, presumably under federal law since the FBI was called in. What is more disturbing is that somehow the ISP had to convince the FBI to become involved by coming up with a figure in excess of $250K in "damage." Then they had to somehow imply a "collective" guilt so that while no single person arrested was accused of $250k in damage, the FBI still must have treated the group as a conspiracy in order to go after them. Frankly, it sounds as if the ISP may be guilty of a fraudulent complaint.

      --
      ------ The only greater hazard to your liberty than n politicians is n+1 politicians.
    10. Re:Astounding.. by vudujava · · Score: 1

      Maybe there should be a virtual punishment to go with the virtual crime, like being placed on Comcast's crappy network.

    11. Re:Astounding.. by mrsaggy · · Score: 1

      New ISO STD Lawyer
      Application
      Lawyer
      Presentation
      Lawyer
      Session
      Lawyer
      Transport ....

    12. Re:Astounding.. by Anonymous Coward · · Score: 0

      Sounds like Buckeye needs to get a white powdery package.

    13. Re:Astounding.. by AntiNorm · · Score: 3, Insightful

      What did they do that was so dead wrong?

      Let's see...could it be that they stole bandwidth? That's right...they stole something. As much as the FBI really shouldn't be involved with this, stealing is stealing, and those who steal should face the consequences.

      --

      I pledge allegiance to the flag...
      of the Corporate States of America...
  7. Spinning bodies by ryants · · Score: 5, Funny
    There's been a sig going around, something to the effect of solving the world's energy problems if we could just harness the rotational energy coming from Orwell's grave.

    I think we can add the Founding Fathers to that as well.

    --

    Ryan T. Sammartino
    "Ancora imparo"

    1. Re:Spinning bodies by Anonymous Coward · · Score: 0

      Now, why exactly would Orwell be spinning in his grave? I can understand the Founding Fathers....

    2. Re:Spinning bodies by Anonymous Coward · · Score: 0

      Go there and look. It's awesome, baby!

    3. Re:Spinning bodies by Anonymous Coward · · Score: 0

      GigsVT said that originally.

    4. Re:Spinning bodies by Anonymous Coward · · Score: 0

      +5 funny ?

      You don't get it, do you ?

  8. Buckeye Sucks! by Anonymous Coward · · Score: 2, Informative

    The only Toledo cable company is owned by a family of lunatic bastards (Block Communications) who also own the only Toledo newspaper. They will never see a dime of my money for broadband! I use a local wireless provider and get about 5Mbit up and down for the same price as Buckeye's broadband. I understand that Time/Warner is coming into the area. Good for them! They will put a stop to the Block monopoly.

    1. Re:Buckeye Sucks! by LordNimon · · Score: 2, Insightful

      Time Warner putting a stop to a monopoly? Now there's a first!

      --
      And the men who hold high places must be the ones who start
      To mold a new reality... closer to the heart
    2. Re:Buckeye Sucks! by dohcvtec · · Score: 2

      Time Warner putting a stop to a monopoly? Now there's a first!
      Sounds like poetic justice. The big fish in the little pond (Block/Buckeye) will get chewed up and spit out by the big fish, period. In my opinion local monopolies are worse than large monopolies, because all of their energies are focused on one locality, so they are especially pervasive. This one should be stopped, and if it takes Time Warner to do it, so be it.

      --
      -- Never hit a man with glasses. Hit him with a baseball bat.
    3. Re:Buckeye Sucks! by buckeyeguy · · Score: 2
      In at least one case, Time Warner stood up to the local media monopoly here in Central Ohio... which may or may not be as pervasive as the one in Toledo. Anyway, these people tried to push an all-Ohio news channel on TW, effectively doubling their ad revenue vs. only having the one local broadcast station on the cable system. TW said, "Shuh! As if!" and threatened to stop offering the monopoly's local broadcast station! Eventually the all-Ohio network made it onto their digital cable package, but it was fun to watch the head-cheeses at the local media monopoly squirm when they met up with a bigger bully.

      P.S. Is anybody left in Toledo? I know a bunch of people who have moved away from there, never to return.

      --
      I'd have a personalized plate on my car, but "toxic bachelor" won't fit into 7 letters.
    4. Re:Buckeye Sucks! by Anonymous Coward · · Score: 0

      I too am among those who moved away, never to return, but I've followed this story with keen interest. You see, I had buckeye-express cable since day 1 that it was launched, and learned enough about how my GI surfboard 2100 worked to alter my own bandwidth limitations.

      My guess is that people were doing this for a long time, and Buckeye just now got wise to it, because between me, and my 2 roommates, our total bandwidth usage was somewhere approaching 3 GB per day down/1.5 GB per day up. We knew damn well that they weren't tracking it, because we were probably using as much as all the other subscribers put together.

      However, these recent developments make me VERY glad that I moved away from Toledo when I did.... Black and white aren't my colors.

  9. Where are the guns? by Cardoe · · Score: 5, Insightful

    Since a similar article like this was posted to /. before and I brought up the same point I'll bring it up again. Where in the article did they state that the FBI agents came in with guns? It's just sensationalism and it does not belong. Now I know someone is going to claim that it's SOP for agents to bust in with guns however it is not. Instead of just rewriting my whole rant here... I'll just add a link to my previous /. comment... http://slashdot.org/comments.pl?sid=44074&cid=4590 690 -Cardoe

    1. Re:Where are the guns? by Cardoe · · Score: 2, Interesting
    2. Re:Where are the guns? by Anonymous Coward · · Score: 0

      I'll give you a hint: these are the same people who say that the IRS holds a gun to their heads while they pay their taxes.

    3. Re:Where are the guns? by Anonymous Coward · · Score: 0

      12 plain clothes officera arrive at home to arrest man with speeding cable modem. No guns brought though. That just wouldn't make sense.

    4. Re:Where are the guns? by front · · Score: 3, Informative

      "Where are the guns?" SOP for Federal BI Agents in ALL circumstances is to be armed... and ready.

      The firearms were most likely in holsters on their hips. If you are referring to an "Elian" style raid (with said Agents brandishing MP5s and wearing balaclavas) then you are most likely correct that the article sensationalises the situation.

      However... any armed Agent wandering around anyones house in search of a frigging uncapped modem, and evidence to such, is a serious liability in any age. In other words, the alleged crime does not fit the method of search and seizure involved. This matter could be more easily, and less expensively to the taxpayer, dealt via private litigation.

      cheers

      front

    5. Re:Where are the guns? by Anonymous Coward · · Score: 0

      What do you mean by that?

    6. Re:Where are the guns? by Anonymous Coward · · Score: 1, Informative

      FBI agents don't do anything without their guns. My dad retired from law enforcement 30 years ago and he still takes his gun with him to the bathroom...

      If they came in at all, they came in with guns.

    7. Re:Where are the guns? by hughk · · Score: 2

      Actually in Russia, the tax police have AK47s and wear ski-masks. Somone I know was present during one of these inspections and it definitely was something worse than the IRS.

      --
      See my journal, I write things there
  10. Re:Hello, police state by sholden · · Score: 1

    You seriously couldn't see that coming?!?

  11. sucks to be them by tps12 · · Score: 2, Troll

    While I can well imagine that being woken up by the FBI knocking down your door can throw your whole day off, I don't really have any sympathy for them. They were breaking the law, probably in more ways than one. From the fact that we know they were stealing bandwidth, we can assume that a) they were all pretty computer-savvy and b) they were transferring large amounts of data. Sounds to me like they were pirates and hackers, trading in illicit files, virii, mp3s, and hacking tools like BackOffice and PacketSniffer. Hopefully they've learned their lesson and this will serve as a warning to other criminals. The Internet is better off without them.

    --

    Karma: Good (despite my invention of the Karma: sig)
    1. Re:sucks to be them by PaleBoy · · Score: 1

      People tweak their cars to go way over the legal speeding limit. They may even speed on occasion, though probably not maxxing out their engines capacity.Should they have their cars seized and houses raided?

      No no no.

      --
      ------ What's sadder than realizing you've filtered out your own comments?
    2. Re:sucks to be them by Anonymous Coward · · Score: 0

      Sorry, this is nonsense -- they were perhaps breaking a service agreement. Its an issue for small claims court, not bigtime fascist oppression.

    3. Re:sucks to be them by bnenning · · Score: 2
      They were breaking the law


      They were violating a civil contract, which is different. Regardless, the point is not that they were innocent, but that the force used was massively disproportionate. Would you support cops breaking down the door of someone who had been seen exceeding the speed limit by 5 mph? After all, he was breaking the law, right?


      they were transferring large amounts of data. Sounds to me like they were pirates and hackers, trading in illicit files


      Obviously, because nobody has a legitimate need to transfer large files.

      --
      How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
    4. Re:sucks to be them by PianoComp81 · · Score: 1

      b) they were transferring large amounts of data. Sounds to me like they were pirates and hackers, trading in illicit files, virii, mp3s, and hacking tools like BackOffice and PacketSniffer.

      Did you even read the whole article? The Wirtz guy (who was tranferring large amounts of data) does a lot of work with Media Player and other projects he has. They mentioned nothing about anything illicit on the computers.

      Sure, they should have their cable disconnected, but the FBI? That's overkill.

    5. Re:sucks to be them by Anonymous Coward · · Score: 0

      "A lot of work with Media Player" translates to "the largest porn collection East of California."

    6. Re:sucks to be them by the+eric+conspiracy · · Score: 3, Informative

      They were violating a civil contract, which is different.

      I guess you are not a lawyer. While you may have violated a civil contract if you uncapped a modem, the fact is that you ALSO broke criminal laws. For example Texas has several state laws that include penalties of up to 6 months in jail for theft of cable services.

      If I walk into a store and shoplift, say $500 worth of merchandise and get caught the consequences can include a felony conviction.

      The fact is that what these people did was just as severe a crime. Now maybe the concept of the FBI actually making the arrest bothers some people, but in reality is that any different from the local or state police making the arrest? Probably not, in fact I would expect that the FBI would be a lot more professional about the whole thing.

    7. Re:sucks to be them by Anonymous Coward · · Score: 0

      God, I love that Microsoft mentality!

    8. Re:sucks to be them by noshellswill · · Score: 0

      Right on, komrade seigheil ...

    9. Re:sucks to be them by filmnorthflorida · · Score: 1

      actually, broadband isn't a "cable service" anymore, thanks to heavy lobbying from the cable industry themselves so they could avoid local franchise fees on their broadband revenue.

      which is not to say that these people didn't engage in theft of services of some sort, just not cable service.

      --
      --- php: perl hates people
    10. Re:sucks to be them by guibaby · · Score: 0

      Shit. your right. But it is only a misdemeanor. Here it is in Texas..
      76(R) HB 1415

      (1) Intentionally and knowingly makes or maintains an
      1-20 unauthorized connection, whether physically, electrically,
      1-21 electronically, or inductively, to any cable, wire, or other
      1-22 component of a multichannel video or information services
      1-23 provider's system or to a cable, wire or other media, or television
      1-24 set, video tape recorder, or other receiver that is attached to a
      2-1 multichannel video or information services provider's system.
      2-2 (2) Intentionally and knowingly attaches, causes to be
      2-3 attached, or maintains the attachment of any unauthorized device to
      2-4 any cable, wire, or other component of a multichannel video or
      2-5 information services provider's system or to a cable, wire or other
      2-6 media, or television set, video tape recorder, or other receiver
      2-7 that is attached to a multichannel video or information services
      2-8 provider's system.
      2-9 (3) Intentionally and knowingly tampers with, changes,
      2-10 makes or maintains any modification or alteration to any device
      2-11 installed by the multichannel video or information services
      2-12 provider.
      2-13 (4) Intentionally and knowingly tampers with, changes,
      2-14 makes or maintains any modification or alterations to an access
      2-15 device that authorizes services, or obtains any unauthorized access
      2-16 device and uses the modified, altered, or unauthorized access
      2-17 device to obtain services from a multichannel video or information
      2-18 services provider.
      2-19 (b) In this section:
      2-20 (1) "Multichannel video or information service" means
      2-21 a duly licensed cable television system, video dialtone system,
      2-22 Multichannel Multipoint Distribution service system (MMDS), Direct
      2-23 Broadcast Satellite system (DBS) or other system providing video or
      2-24 information services that are distributed via cable, wire, radio
      2-25 frequency, or other media; and
      2-26 (2) "unauthorized connection," "unauthorized device"
      2-27 and "unauthorized access device" means a connection, device and
      3-1 access device not authorized by the multichannel video or
      3-2 information services provider and designed in whole or in part to
      3-3 decrypt, intercept, descramble, decode or otherwise make
      3-4 intelligible any encrypted, encoded, scrambled, or other
      3-5 nonstandard signal carried by a multichannel video or information
      3-6 services provider.
      3-7 (3) "Encrypted, encoded, scrambled, or other
      3-8 nonstandard signal" means any type of signal or transmission that
      3-9 is not intended to produce an intelligible program or service
      3-10 without the use of a special device, signal, or information
      3-11 provided by the multichannel video or information services provider
      3-12 or its agents to authorized subscribers.
      3-13 (c) For purposes of this section, each purchase, connection,
      3-14 attachment, tamper, change, incorporation, or modification shall
      3-15 constitute a separate violation of this section.

      The punishement follows:

      An offense under this section is a Class C [B]
      5-12 misdemeanor unless the actor committed the offense for
      5-13 remuneration, in which event it is a Class A misdemeanor.
      5-14 (f) A second offense under this section is a Class B
      5-15 misdemeanor unless the actor committed the offense for
      5-16 remuneration, in which event it is a Class A misdemeanor.
      5-17 (g) A third and any subsequent offense under this section is
      5-18 a Class A misdemeanor unless the actor committed the offense for
      5-19 remuneration, in which event it is a state jail felony.

      --
      Historically, the claim of consensus has been the first refuge of scoundrels.
  12. Violating Service Contracts? by jcsehak · · Score: 5, Interesting

    Were they really? I'd be curious to know if the service contract mentions anything about modifying your system to increase bandwidth. If it doesn't, can they be prosecuted for anything? My first instinct is "they were taking away bandwidth from the rest of the community and should be punished." But is that even accurate? I have Optimum Online cable, and I understand that they don't cap their modems (I've even hit download speeds of 700kbps/sec). If a competitor's standard is not capping, it's gotta be hard for the ISP to prove damages.

    Of course, that the FBI got involved at all is an embarassment. No wonder that DC sniper took so long to find: the FBI is too busy holding the dicks of mega-corporations while they pee on the little guy.

    --

    c-hack.com |
    1. Re:Violating Service Contracts? by hendridm · · Score: 3, Funny

      > I'd be curious to know if the service contract mentions anything about modifying your system to increase bandwidth.

      I don't think the FBI would show up unless they had a somewhat valid case. The ATF, maybe, but not the FBI.

    2. Re:Violating Service Contracts? by dboyles · · Score: 5, Insightful

      While I agree that the suspects did wrong and deserve a punishment, I also agree with essentially every other poster in claiming excessive force in the search/arrest of these suspects.

      Personally, I think the individual(s) at Buckeye should be held accountable for their estimate of $250,000+ in damages, assuming that the figure is inflated (and it seems that it is). What if my neighbor was being too loud when I was trying to sleep, and as a result, I called the police and reported multiple gunshots and screams coming from his house? While this case isn't perfectly analogous, the desired result seems to be the same. In essence, I'd be "teaching him a lesson." Unless this quarter of a million dollar figure is accurate, should someone at Buckeye not be held responsible? The FBI is not at the beck-and-call of every mid-size corporate goon with a bone to pick.

      --
      -- "Complacency is a far more dangerous attitude than outrage." -Naomi Littlebear
    3. Re:Violating Service Contracts? by runderwo · · Score: 3, Informative
      The FBI is not at the beck-and-call of every mid-size corporate goon with a bone to pick.
      Are you sure about that?
    4. Re:Violating Service Contracts? by MacAndrew · · Score: 2

      If a competitor's standard is not capping, it's gotta be hard for the ISP to prove damages.

      No, the damages are simply that the subscriber took more than he purchased. If he wanted more he had to negotiate and paid for it. True, if the contract didn't specify the cap then it's ambiguous whether anything wrongful occurred, but I bet you it would be easy to show the subscribers' intent to do wrong -- they were no virgins here. Whether they were breaking their contracts is a civil matter, whether it was theft criminal (generically defined as "taking something coupled with the intent to permanently deprive the owner of the object [here, service]"). There's an philosophical puzzle in law that if you do something you believe to be a crime and it's not, are you guilty of anything (depends)?

      Totally OT, but until we have a good retrospective it does appears that law enforcement did a decent job of tracking the snipers down. The break they got, the Muhammed's boasting of the Alabama shooting, was a lucky break. The worst things law enforcement did were odd bits of sloppiness, like blowing off Muhammed when he called the tip line insisting "I am God" and failing to correctly register him as a person prohibited from owning firearms (assuming the gun was even purchased legally). (I live very near the shootings and followed this closely.)

    5. Re:Violating Service Contracts? by Anonymous Coward · · Score: 0

      my god there is intelligence on slashdot.

      mod parent up!!!!!!

    6. Re:Violating Service Contracts? by Reziac · · Score: 2

      Excessive response (fines, confiscations, and imprisonment far out of proportion with the severity of the offense) seems to be the mode of the day. Just look at what DMCA violations can get you!!

      ISTM such offenses, where there is monetary loss but no lasting damage, should be treated much like bad checks: typically, you have to cough up 3x the amount you stiffed someone for. Enough to make good on what it cost the victim, and to make the offense more painful than it's worth, but not so much that the offender is bankrupted for life.

      But this case was like punishing a bad check by confiscating ALL your assets -- before the check is proven to have bounced.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    7. Re:Violating Service Contracts? by Anonymous Coward · · Score: 0


      "Personally, I think the individual(s) at Buckeye should be held accountable for their estimate of $250,000+ in damages."

      I absolutely believe they should be required to claim it as a loss, in the tax sense. I believe that the chief executive should be held to this figure under oath also, and that the consequences, if it turns out to be an invented, inflated figure, should be similar to the kinds of punishments reserved for the post-Enron execs -- namely, a real opportunity for prison.

    8. Re:Violating Service Contracts? by Anonymous Coward · · Score: 0
      "The FBI is not at the beck-and-call of every mid-size corporate goon with a bone to pick."

      FWIW, it's "beckoned call". ;-)

    9. Re:Violating Service Contracts? by BoneFlower · · Score: 2

      OOL does have up/down caps. They are 10Mbps down, 1Mbps up. Not bad:)

    10. Re:Violating Service Contracts? by Beliskner · · Score: 2
      I've noticed a significant increase in the level of force that the US police forces use against innocent US citizens. This seems to be causing a buildup of resentment in the intelligencia of the US, the results of which will be interesting to see. Unfortunately the general American public (trailer trash) seems to put a misplaced trust in the State forces which the Founding Forefathers wouldn't be too happy with.

      A non-fascist democracy becoming a police state is something I haven't yet seen in my limited reading of the history books, we're in uncharted territory here. If the FBI can be convinced that uncapping a modem is terrorist cybersabotage, where does it end? In my mind, those police might as well have "Disney stormtroopers" tattooed on their foreheads. Regrettably Star Wars Episode III where Emperor Palpatine seizes control of the Senate and imposes stormtrooper rule, might be mirrored in reality in the United States.

      --
      A caveman dreams of being us, the incalculable power and riches. We dream of being Q, then what?
    11. Re:Violating Service Contracts? by dohcvtec · · Score: 2

      If you know anything at all about what happened with Kevin Poulsen, you'll remember that PacBell (a large corporation, no less) had to try very hard to get the FBI and the US attorney involved in the case against Poulsen. And his crimes were way more serious than these uncapping incidents. That said, it sounds as if the buffoons at Buckeye pulled some strings and hyped up the monetary figures to get the FBI's attention.

      --
      -- Never hit a man with glasses. Hit him with a baseball bat.
    12. Re:Violating Service Contracts? by MountainLogic · · Score: 2

      Ever heard of McCarthy? The black lists?

    13. Re:Violating Service Contracts? by hughk · · Score: 2
      If I have a burglary and I inflate the claim - I am committing an act of fraud. If I go to the police and make a statement of what was missing, I can be guilty of perjury.

      What is the difference when this guy cites a value of $250,000?

      --
      See my journal, I write things there
    14. Re:Violating Service Contracts? by Beliskner · · Score: 2
      Ever heard of McCarthy? The black lists?
      Yes, but that was restricted to only the media sector, especially writers. This time it's against American citizens in general which makes it much more sinister.
      --
      A caveman dreams of being us, the incalculable power and riches. We dream of being Q, then what?
    15. Re:Violating Service Contracts? by smccurry · · Score: 1

      >> I'd be curious to know if the service contract mentions anything about modifying your system to increase bandwidth. >I don't think the FBI would show up unless they had a somewhat valid case. The ATF, maybe, but not the FBI. Nah, Buckeye probably just had to pass a few bucks to their congressmen.

  13. Only a matter of time... by BSOD+from+above · · Score: 3, Informative

    they are making examples of these folks. Try modding your x-box, downloading mp3s, violating TOS, cable theft,etc. and maybe you will be the next example.
    Certain entities don't like it when you break their rules. In one sense you are not paying for their service, in another sense you are not stopping them from selling it to the neighbors. But, I don't think they would have been caught if they weren't causing some problems by using excessive bandwidth.

    --
    Karma: Censored (mostly affected by decency laws)
    1. Re:Only a matter of time... by LostCluster · · Score: 2

      Yes, but the FBI should be the network admins of last resort.

      Stealling bandwidth should be prevented more by the laws of physics than the laws of the land. The cable company should have a duty to design their network in a way such that the bandwidth cap is enforced by a mechanism outside of the control of the user, not a piece of equipment that the user has in their house.

      But, no, it's easier for the company to call in the FBI at taxpayer expense than the hire network admins at that own expense...

    2. Re:Only a matter of time... by Anonymous Coward · · Score: 0

      I think "rules" is the key word here. If they broke the terms of the service agreement then a) cancel their service b) Bill them for the extra service, take them to court if they don't pay.

      I wonder if it cost the isp anything to send in the Feds? I certainly don't want my tax dollars wasted on crap like this.

  14. Did the troopers have maize and blue helmets? by Anonymous Coward · · Score: 0

    Nah, probably not. If they had they would have shot to kill...

  15. Re:Hello, police state by Scareduck · · Score: 2

    No. But it's arguable that Gore would have been just as bad in a different direction.

    --

    Dog is my co-pilot.

  16. Re:Hello, police state by Anonymous Coward · · Score: 0

    i wish you and all your cohorts could...
    plaese dont make the same mistake again, corporate whores will only fuck you over in favor of thier pursuits....

  17. Lost Revenue by GeckoFood · · Score: 4, Interesting

    It will be very interesting to see how long it is before Bucksnort..er, I mean, Buckeye loses the remaining client base it has. I am sure everyone is in agreement that sending in armed FBI agents over a breach of service contract is overkill. I doubt the intent was to scare away any other customers they have (and potentially could have had, because they overreact. But that's exactly what's going to happen.

    What do they do if your bill is two days late? That would be on my mind, even though I tend to pay a hair early just to be on the safe side.

    --
    Be excellent to each other. And... PARTY ON, DUDES!
    1. Re:Lost Revenue by vegetablespork · · Score: 1
      Oh, please. I agree that these people were carted off to the pokey for what should definitely be a civil matter, but no longer is in our plutocratic republic.

      But if you think for one minute that the righteous anger of Joe and Jane sixpack is going to have any economic impact on the scum at Fuckeye, you are sadly mistaken. In fact, the only customers they are likely to lose are the ones using the most bandwidth--whom they will be happy to be without.

      --

      Call (206) 338-5780 COLLECT for information about a genuine BA, BS, MA, MS, MBA, or Ph.D.

    2. Re:Lost Revenue by LostCluster · · Score: 2

      The problem is, it's hard to create a 2nd cable system. Especially if what this article says is true, and that the owner of the current system can use the legal system to make life hard on the incoming operator.

    3. Re:Lost Revenue by /dev/trash · · Score: 1

      well unless the area has comparable high speed internet I don't see this affecting Buckeye at all.

    4. Re:Lost Revenue by primus_sucks · · Score: 1

      As a buckeye cable customer I certainly will be looking at other alternatives. If all this takes is a simple software config change it seems your modem could possibly get set up wrong. Or what happens if someone hacks your modem to go at high speed, then calls the FBI! Not that I like people stealing my band width, but it's no reason to go to jail.

    5. Re:Lost Revenue by ctar · · Score: 1

      That's hardly what will happen. I'm sure if there is any major media coverage (ie: not /. or Broadbandreports.com) it will absoltely make these people out to be 'hackers' or use the word 'hack' as a verb...

      The majority of Ohio broadband users, I'm sure, do not consider themselves hackers, and believe everything they read in their local paper about some 'hackers' 'stealing internet access'...

    6. Re:Lost Revenue by Babbster · · Score: 1
      Too true. It sounds like a good opportunity for DishNetwork and DirecTV to do some market-specific advertising:

      "Get your TV and Internet from us. We've never called the FBI over a billing dispute."

  18. Re:Hello, police state by Anonymous Coward · · Score: 0

    And you voted against Gore because you like your car more than you like a clean and healthy environment?

    Sorry but everything after this is a troll:

    You're a fucking moron. Buy a bike fatty.

  19. blank subject by erax0r · · Score: 3, Insightful

    OK to all the sladhotters stating "They deserve what they got, they are thieves! plain and simple" TAKE A LOOK AT YOURSELF. I be nearly 90% maybe more of you have "stolen" something regarding computers multiple times. You've downloaded mp3's for sure...for example. How bout when the fbi comes knocking at your door for that mp3 you just downloaded? GET REAL.

    --
    .[[erax0r]]. .[[/burn.]]. .[[/bros.]].
    1. Re:blank subject by garcia · · Score: 3, Interesting

      I guarantee when they come to the door they will confiscate my music collections w/o first realizing that they are all legal.

      Are they going to come and want you to prove that the music you have downloaded is yours? That you don't have the time to rip it but that you actually have the CD (no matter how bad of shape it is in)?

      Are they going to check and see if the SHNs I have are of live shows?

      These people were doing something that is OBVIOUSLY illegal. EASILY determined. My MP3/SHN collections are not.

    2. Re:blank subject by t0qer · · Score: 3, Interesting

      Yeah you're right, an i'll be the first to admit it...

      The ceo of one of the dot bombs I worked for had been acting funny for weeks. He started asking me to make availiable the inbox of a paticular secratary he had the hots for, citing she was bringin up a sexual harrassment lawsuit.

      Well, on my own initiave I got into the company quickbooks and found out they were so deep in the red it hurt. I gave several co-workers the warning of impeding doom.

      Before I left, I grabbed a box of cat5, 2 128 meg dimms, a tone and probe kit, and some cat5 crimpers and a celeron 400mhz system.

      The day after I left I recieved an e-mail from the girl we had working HR, with a list of items that were "missing" None of the items on her list matched what I had taken. The e-mail stated I either return the "stolen" items or my check would be withheald.

      Upon a quick onceover of my letter of offer, I didn't read anywhere where it stated they could do this. I called my lawer and asked him if this was legal, which is wasn't. I forwarded his response to the HR girl and got my check fed ex'd the next day.

      I don't mind being accused of stealing something I really stole, but when it's something I didn't touch it really pisses me off.

      Well about 2 weeks after I left, the CEO called up our guys in sacramento with some big speech. "Blah blah blah" was most of the speach and it ended when he said "Blah, can't pay you guys would you work for free?" From what I heard they walked outta there with everything that the company owned (leaving the leased dell laptops)

      I dunno, just wanted to support your comment I guess bro, I know i've stolen shit before.

    3. Re:blank subject by hendridm · · Score: 2, Informative

      > GET REAL.

      Although I admit I am probably no more innocent than these poor saps, I agree with most of the folks here who feel that the punishment didn't fit the crime.

    4. Re:blank subject by ethereal · · Score: 2, Insightful

      Wait, you're all huffy, not because you're innocent, but because they got one or more of you thieves mixed up? Weird sense of honor, I guess.

      --

      Your right to not believe: Americans United for Separation of Church and

    5. Re:blank subject by Anonymous Coward · · Score: 0

      I guess that's what we get for hiring a homeless bum! And all you ever do is whine on Slashdot. about how crappy your System Admin Job was. I'm just glad that you lost your new house right away. If you ever get any money, we're gonna sue you! I can't believe you're dumb enough to admit to your crime and put your pictures and biography up on the web.

    6. Re:blank subject by Idarubicin · · Score: 4, Insightful
      Well, on my own initiave I got into the company quickbooks and found out they were so deep in the red it hurt. I gave several co-workers the warning of impeding doom.

      Before I left, I grabbed a box of cat5, 2 128 meg dimms, a tone and probe kit, and some cat5 crimpers and a celeron 400mhz system.

      Admit to snooping in the company books. Clever. Kind of illegal in many jurisdictions.

      Admit to theft. Also clever. Very illegal, just about everywhere.

      Post with a link to a website with pictures of your home and pets. Unbelievably clever. (I think it's cute that you ask people to hire you on the web page, by the way.)

      Yes indeed, it's a shame that the FBI has trouble finding criminal masterminds like you.

      --
      ~Idarubicin
    7. Re:blank subject by Anonymous Coward · · Score: 0


      "The ceo of one of the dot bombs I worked for had been acting funny for weeks. He started asking me to make availiable the inbox of a paticular secratary he had the hots for, citing she was bringin up a sexual harrassment lawsuit."

      You're trolling, obviously, but if your story is true, you could have walked away with a good chunk of this company's assets, in addition to making a lawyer's year.

      You should have informed the secretary, by having your lawyer tell her lawyer that you are a material witness in the case. (YOU MIGHT STILL have opportunities here.)

    8. Re:blank subject by t0qer · · Score: 1

      I'm just going to post a follow up to this, I see there's a lot of confusion because it's not the whole story...

      The CEO had moved the company 50 miles from its original location, anyone in the bay area knows that a 50 mile commute anywhere is a nightmare. This was all so he could afford to pay for the exec's accomidations and the girl he wanted to have a liason with.

      Now this girl never filed a suit, I was told this to "manipulate" me into doing my task with, uhh, I dunno fortitude? When you're the guy at everyones desk once a day you get to know them pretty good.

      Unless you're a complete social retard, you can tell when someone has the hots for someone else. I could tell our CEO had the hots for this girl PLUS the fact he had tried to manipulate me made me question what was going on.

      I was caught in a moral dilema. Should I really find out whats going on?

      Well I did.. And sorry to anyone that hates me for it but I think I did what was right.

      There's a lot more to it than that too. Did I mention the CTO that got a kick out of publically humiliating a female PHD simply because she was hired on to critique his work? He also enjoyed torturing me too. He seperated the workplace into a bunch of "cliques" and would order the people in his clique to give other people a hard time.

      He would consistantly make demands that I purchased equipment worth 1000's of dollars on my credit card. I tried explaining to him about setting up a line of credit and giving me purchasing power, but he refused every attempt I made at this for he feared "losing his control"

      Even after this guy being such a dickhead to me, I never heald it against him honest. The CEO asked me to destroy his 10 years of source code on a sun server, and I didn't touch it. IMHO both the CTO and the CEO were psychotic loonies that were so wrapped up in their "vision" they never took the time to see how their "visions" would fit together. It was an unfortunate thing these two didn't get along.

      Back to my "tips/reimbursements"

      Honestly, after the shit I took from them, too fucking bad if you don't think I should have gotten something. I know for a fact most of the other developers walked out of there with a load of G3's, sun E250's, cables, palm pilots, you name it. During my employment at this dot bomb I know I lost a lot of money along the way. Those of you that have never worked at a dot bomb (And I have the feeling a lot of you have) know of the kind of bullshit management that ran these places.

      Honestly though, there was a silver lining to this cloud. I can only think of maybe 10 of the 50 people that worked there that I didn't like. There was 3 people that were totally cool on the exec team (CFO, COO, and the replacement CTO) and the rest of the team was pretty cool too. There were people from all walks of life there.

    9. Re:blank subject by Anonymous Coward · · Score: 0

      And yet they could be allowed to sell/auction off the evidence collected in your case. Doesn't that suck.

    10. Re:blank subject by wizard992 · · Score: 1

      This is the biggest load of bullshit I think I have ever read on Slashdot, and there is quite a bit of manure that floats around on here.

      Who gives a shit what other people stole? Who cares that your morals were firmly in place when you did not retaliate against this exec?

      The plain fact here is you broke the law. You rifled the company books, you stole equipment from this company, and now you are attempting to justify it by saying "Yeah, but look what they did to me! And look what other people did!" You are the reason nobody trusts anyone any more; there are so few people who are actually deserving of trust.

      Why can't you simply accept responsibility for the actions you took?

      This really has nothing to to with the main topic, but I just could not help responding.

      On the main subject, these people are guilty of breach of contract. IANAL, but that is a civil offense, something they can only be sued for. The only reason they are facing criminal charges and being harassed by the FBI is because the people in control have strong political connections.

    11. Re:blank subject by Anonymous Coward · · Score: 0

      You're no better than they are. Sorry, just my opinion.

  20. $11,000 for 2.5MBps by duncf · · Score: 2, Interesting

    Does anyone else find this just a little strange? I doubt anyone achieved anywhere near 2.5MBps, and even if they had, I don't think $11,000 is the price to pay for it! And really, 16 hours times 2.5 MBps, thats... 144 GB. What's he transferring anyways? No home user can use that much bandwidth.

    This guy got screwed by a litigation-happy company. I hope he wins.

    1. Re:$11,000 for 2.5MBps by Alarion · · Score: 2, Funny

      And really, 16 hours times 2.5 MBps, thats... 144 GB. What's he transferring anyways? No home user can use that much bandwidth.

      you don't look at porn, do you?

    2. Re:$11,000 for 2.5MBps by duncf · · Score: 1

      I don't know if I could last a full 16 hours looking at porn... :-)

      Do you have a 150 GB hard disk at home?

    3. Re:$11,000 for 2.5MBps by ClioCJS · · Score: 1
      I have 480G at home and I'm constnatly cramped and running into space emergencies. It's hell.

      Try converting your VHS tapes (420 x 8 hrs) to AVI at a decent bitrate (250M/ep) . . .

      --
      -Clio
      Karma: Bad (mostly from not giving a fuck)
      Blog: http://clintjcl.wordpress.com
    4. Re:$11,000 for 2.5MBps by dohcvtec · · Score: 2

      I doubt anyone achieved anywhere near 2.5MBps
      Funny thing is, the article claims that one of the poor guys achieved 100Mbps. I'm no cable system expert, but I don't think that's even possible. Doesn't DOCSIS top out at something like 37 Mbps?

      --
      -- Never hit a man with glasses. Hit him with a baseball bat.
  21. Welcome to America by ryochiji · · Score: 1, Troll

    Welcome to America, the land where the poor and the weak are punished, the powerful and rich rewarded.

    Oh, and apparently, if you don't like that, you're supposed to go to Canada or something.

    1. Re:Welcome to America by *xpenguin* · · Score: 2

      Welcome to America, the land where the poor and the weak are punished, the powerful and rich rewarded.

      Where is my (-1, Factually Incorrect) option?

    2. Re:Welcome to America by Wyatt+Earp · · Score: 1

      The rich who break laws are rewarded?

      Tell that to the Execs who have been on thier perp walks.

      http://www.newsday.com/news/printedition/ny-bzty co 132922483sep13.story?coll=ny%2Dnews%2Dprint

      You ever spend a morning in court and get slammed with a $200 million dollar personal bond? That means you have to come up with 40 million in cash, something that ain't that easy when your funds and accounts are frozen.

      I've spent a morning in court and getting 3 days in the slammer sucked, I didn't have to come up with serious bond money.

    3. Re:Welcome to America by Skjellifetti · · Score: 2

      It isn't just America. Nobel Prize winning novelist Anatole France once wrote about French justice that The Law in all its majesty forbids equally the rich and the poor from sleeping under a bridge. The quote is applicable to most countries.

    4. Re:Welcome to America by geekee · · Score: 1

      Yeah. That's why the rich pay a higher percentage of income in income tax and ms has to go to court for being too successful. The rich are punished in America, not the poor. Everyone figures, hell they can afford it, and they're a minority anyway, so why not abuse the rich.

      --
      Vote for Pedro
    5. Re:Welcome to America by Anonymous Coward · · Score: 0

      Oh please Kenneth Lay could whip 40 mil out of his wallet.

      Don't be naive those perp walks are for the cameras only. Those guys don't spend one night in jail.

    6. Re:Welcome to America by Anonymous Coward · · Score: 0

      Haha well i guess there's always one slave on the plantation that loves his Masa...

    7. Re:Welcome to America by Anonymous Coward · · Score: 1, Insightful

      I bet if it was 1776 would be shouting to the British soldiers:

      "That terrorist George Washington went that way! Quick get him! Long live the king! Down with those pot smoking revolutionaries! King George pays more taxes than all the colonies combined! Ben Franklin just spreads liberal myths! Long live the King!!!"

      Sucka.

    8. Re:Welcome to America by geekee · · Score: 1

      If you ever win the lottery, and then pay half of it in taxes, then maybe you'll understand what I'm talking about.

      --
      Vote for Pedro
    9. Re:Welcome to America by Anonymous Coward · · Score: 0

      Uh oh! Ya don't tax bill gates or the big corporations becuase after all i have a 1 in 30 billion chance of winning that lottery!

      Ya that fucking makes a lot of sense!

      Man i guess people actually do fall for that trick. Wow. America is hopeless.

    10. Re:Welcome to America by ethereal · · Score: 1

      Yeah, but how many millions were they accused of stealing? A guy like that is definitely a flight risk without a high bond. The bond should fit the crime.

      --

      Your right to not believe: Americans United for Separation of Church and

    11. Re:Welcome to America by ethereal · · Score: 0, Troll

      They're supposed to pay a higher percentage; that's what makes it a progressive tax system. The whole point is to support (at some very basic level) all of society, requiring more support from those who are more capable of providing it. Until I see rich folks giving away their money because it hurts too much to keep it, I don't imagine that it is too incredibly painful being rich. They're still doing better than everybody else, just not quite as much better as they would under the sort of plutocracy you dream of. The rich derive an incredible amount of benefit from the government compared to other countries (in the sense of having guaranteed stable banks, not having to hire your own personal army for bodyguards, and ease of access to political life); it makes sense that they should chip in more for the privilege.

      --

      Your right to not believe: Americans United for Separation of Church and

    12. Re:Welcome to America by ChaoticLimbs · · Score: 3, Insightful

      You've obviously never seen a celebrity out on bail for murder and an ordinary citizen denied bail for public intoxication.

    13. Re:Welcome to America by ChaoticLimbs · · Score: 1

      Call you back when I win the McDonald's monopoly game, ok?

      Oh, wait- it's been rigged from the inside from the start! CRAP!
      I guess I won't be calling you.

    14. Re:Welcome to America by ncc74656 · · Score: 3, Interesting
      They're supposed to pay a higher percentage; that's what makes it a progressive tax system. The whole point is to support (at some very basic level) all of society, requiring more support from those who are more capable of providing it.

      That sounds suspiciously like "from each according to his ability, to each according to his need." I'm fairly sure the economic system espoused by the individual who made that statement has been thoroughly discredited by now. At the very least, it was rejected by the voters earlier this month (in most places, anyway).

      --
      20 January 2017: the End of an Error.
    15. Re:Welcome to America by Wyatt+Earp · · Score: 1

      Well, fellas that kill thier girlfriend and are less noticeable than an Exec with his picture all over the Company portfolio get lower bails than these two.

      Like the guy said over in another thread, it's just a "virtual" crime.

    16. Re:Welcome to America by ethereal · · Score: 1

      How many lives did that amount of fraud ruin? How many people's retirements are now indefinitely delayed, or will proceed at a much lower standard of living? When you consider the number of people harmed by this crime, I certainly think it's equal to one or more actual murders. Taking a chunk of life from many many people should be considered equivalent to taking all the life of a few people.

      --

      Your right to not believe: Americans United for Separation of Church and

    17. Re:Welcome to America by ethereal · · Score: 1

      It's true that the progressive tax system was originally pushed by, well, progressives, and they were generally social progressives. There is a significant difference between social progressives and Marxism, though.

      For one thing, real Marxism would remove the profit motive entirely from the economy, thus reducing the most important driving factor. Nobody will work hard if they know that all of that work is going to others who may not be working as hard; very few people are sufficiently motivated by altruism in that way.

      A progressive tax system retains the system of reward for working hard and making more money, it's just not quite as rewarding as a flat tax system that plutocrats favor. (In fact, some prefer a regressive tax regime that covers ordinary consumables rather than income; this would proportionally tax the poor even more than the rich.) In return, a progressive tax system ensures the stability of society by making sure that old people aren't living in poverty (compare stats on that from the end of the 19th century, for example), single mothers have some help to get on their feet, etc. Social stability is ultimately beneficial to the rich as well, you know - more customers with money is good for business. And of course starving people might be a little more likely to go to the polls...

      I don't recall any referenda on the progressive tax system; is it your contention that the recent Congress was elected on a platform of doing away with it?

      --

      Your right to not believe: Americans United for Separation of Church and

    18. Re:Welcome to America by operagost · · Score: 2

      And I still haven't. Example, please.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    19. Re:Welcome to America by Wyatt+Earp · · Score: 1

      I didn't see retirement there in the Bill of Rights.

      If people put all their eggs in the basket of Tyco/Enron/WorldComm/Global Crossing and lost it all, boo hoo.

      Diversify people.

      I'm sorry, but NO white collar crime is as bad as a rape or murder.

      "Taking a chunk of life from many many people should be considered equivalent to taking all the life of a few people."

      Alright, so then you are for the life long jailing of Drug Dealers and Drug Smugglers? In Texas then you'd support the execution of Drug Dealers?

      I'm right there with you then, fry the Execs and the Drug Dealers. Multiple counts of Cocaine Distribution=Life in Prison or Execution.

      Selling X at a Rave, death.

      Inflating stock price and making a profit before SEC comes in, death.

      Works for me.

    20. Re:Welcome to America by Surt · · Score: 2

      You've got to be kidding, right? Wealthy/famous people get bail on major crimes all the time. They even get away unconvicted thanks to superior lawyers. Try reading the news.

      Consider the fate of OJ vs the fate of a homeless person found drunk in public. A lot of local papers have weekly listings of police and court proceedings. I'm sure you can see the pattern if you read that section for a couple of weeks.

      If you think the justice system is remotely just or fair in this country, you aren't paying attention.

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
    21. Re:Welcome to America by qurk · · Score: 1

      What is the percentage of income the rich pay in America? Most of the people I know make below $30,000 a year, many less than $20,000, and all pay at least 25%-30% of their income in taxes. Also overtime is taxed at rate easily over 50%. I think saying that the rich are punished in America is a little extreme.

    22. Re:Welcome to America by ethereal · · Score: 1

      It's true that diversification is important, and I don't think the government should bail people out just because they were stupid (or greedy, in the case of at least some Enron shareholders). But some companies do make it difficult to diversify your 401k; it's not all user stupidity at fault. My company stopped 401k account management for a couple months while switching to a new system; we're lucky the stock didn't tank during the period. (Note that this is a company whose customers would scream bloody murder after even a few minutes of systemic downtime; apparently employees aren't valued customers of HR services.)

      And that's not even discussing the actual fraud which the companies and executives in question perpetrated. By ruining someone's retirement, they have effectively taken years of someone's life away under false pretenses. How many years have to be stolen from how many people before it becomes attempted murder? How about just plain murder? Heck, just throwing that many people out of work is likely to increase the crime rate - people that can't find a job might be likely to find less legal occupations. How many rapes and murders may end up being committed at least in part because of a bunch of high-flying con men who screwed over our economy right when it was trying to make a comeback?

      The drug question is an interesting point. I tend to look at it as the user's choice to use drugs; I think that as long as drugs are clearly marked with any known possible adverse consequences (just like cigarettes and alcohol), drug dealers should be pretty much off the hook. The difference, of course, is that Enron, Arthur Andersen, etc. specifically hid information about the weakness of those companies, just like tobacco companies hiding information about the dangers of cigarette smoking. So, from my perspective:

      Lie about tobacco contents, and people die? Prosecution for murder.

      Cut your cocaine with drain cleaner, don't tell people (unsurprising), and they die? Prosecution for murder.

      Lie about your financial statements in order to swindle people, and they lose substantial life savings? Prosecution with punishment equivalent to that of a murder conviction, depending on the damages suffered.

      Although I'll note that I don't recommend the death penalty for any of these charges, whether or not they resulted in death of a few or robbery of the many. Murder doesn't automatically have to be answered by killing.

      --

      Your right to not believe: Americans United for Separation of Church and

    23. Re:Welcome to America by geekee · · Score: 1

      "Also overtime is taxed at rate easily over 50%."

      When I was a grad student, I paid a hell of a lot less than 25%. When I worked overtime during summer breaks, I never paid extra taxes. None of your statements sound accurate. The highest tax bracket pays something like 35% in federal taxes alone.

      --
      Vote for Pedro
    24. Re:Welcome to America by geekee · · Score: 1

      Americans revolted in part because of taxation without representation. Your comment makes no sense since King George got his income from taxes. None of the founding fathers would be considered liberal by today's standards. There was no thought of welfare or social security or socialized medicine back then.

      --
      Vote for Pedro
    25. Re:Welcome to America by geekee · · Score: 1

      Dude, can you read? I didn't say don't tax rich people or corporations. I said tax them fairly. That is, tax everyone the same percentage of their income.

      --
      Vote for Pedro
    26. Re:Welcome to America by Rakarra · · Score: 1
      Nobody will work hard if they know that all of that work is going to others who may not be working as hard; very few people are sufficiently motivated by altruism in that way.

      Seems to be the way unions work these days.

  22. Stealing is wrong by Uhh_Duh · · Score: 3, Flamebait

    These people were stealing a VERY valuable commodity.. bandwidth. For those of you who don't work near the ISP industry, bandwidth is --VERY EXPENSIVE--. $200 per megabit per month is an absolute STEAL (to get that rate, you need to be buying it on the DS3 level). $400 per meg is more realistic on lower levels.

    Cable companies simply cannot afford to let people steal this stuff. Quite literally, someone who is uncapping a cable modem and mooching 10 megabits of bandwidth could easily be costing them several thousand dollars a month.

    I'm sorry, but I have no sympathy for these people. What they did not only violated their agreement, but it cost someone else a LOT of money. Stealing is stealing, folks. And unlike the arguments that may apply to software piracy, this really does directly affect someone else's pocketbook.

    --
    -- People who hate Windows use Linux. People who love UNIX use BSD.
    1. Re:Stealing is wrong by jordan_a · · Score: 4, Informative

      WTF are you getting those numbers? 2.5Mbps cable line here in NS, Canada is $40CND/month ($25US). Perhaps the real problem is that the people with the keys to the onramp are being a little to stingy in the US?

    2. Re:Stealing is wrong by Anonymous Coward · · Score: 1, Insightful


      Yes, stealing is wrong -- which is exactly why the half million dollars worth of equipment should be returned to the individual it was pilfer--er, confiscated from.

    3. Re:Stealing is wrong by HyperMind · · Score: 1

      Perhaps, but what did they steal again? It'd colorless, odorless, and has absolutely no tactile significance. Kind of like time... So maybe now I can sue the bastich in front of me on the freeway for going too slow and stealing my precious time... I know - I'll call the FBI and have them investigate this time-theft... maybe it's a conspiracy of time-bandits stealing MY time and selling it on the black market.

    4. Re:Stealing is wrong by Uhh_Duh · · Score: 2


      Those numbers are based on what the cable companies pay for their bandwidth -- not what you pay. This is sort of the case in point -- you don't know how good you've really got it at $40/mo. :)

      --
      -- People who hate Windows use Linux. People who love UNIX use BSD.
    5. Re:Stealing is wrong by Anonymous Coward · · Score: 0

      It only costs the cable companies that much becase the dickheads that they're buying from charge too much. After initial setup, it doesn't cost them JACK SHIT to provide bandwidth, and at the prices they're charging you know they repaid their initial investment.

    6. Re:Stealing is wrong by KillerBob · · Score: 5, Informative

      For those of you who don't work near the ISP industry, bandwidth is --VERY EXPENSIVE--. $200 per megabit per month is an absolute STEAL (to get that rate, you need to be buying it on the DS3 level). $400 per meg is more realistic on lower levels.

      Two words for you. <b>Shared Bandwidth</b>. If bandwidth was *really* that expensive, you wouldn't see 3MBit DSL connections for $70 CDN/month, including the modem rental.

      --
      If you believe everything you read, you'd better not read. - Japanese proverb
    7. Re:Stealing is wrong by Anonymous Coward · · Score: 1, Insightful

      This is a totally inaccurate use of facts and figures.

      First of all, these guys pay $200/Mb. That's true. It's usually on some kind fo 95/5 basis, where the top 5 percent of sampled bandwidth is discarded.

      Second, in order to be charged $200/Mb, you'd have to have that pretty much sustained. Unless these guys are literally serving porn out of their house, their average bandwidth utilization over a month is somewhere between zero and none. Bursts high, yes, but average monthly utilization is nothing.

      The whole reason that DSL and Cable Modems and dialup are even possible is that no one uses their slice of the pie 100% of the time. It gets aggregated and shared. This is why a two T1's (3Mb/sec) can serve a few hundred modems (56K * 300 == 16Mb/sec). And those utilization ratios are MUCH higher than cable/dsl.

      So they uncapped their modems. They could theoretically use maybe 10Mb/sec. The first thing I'd do as their lawyer is say "How much bandwidth did they ACTUALLY steal, not what they could have stolen." Because those are two, REALLY REALLY differenty numbers.

    8. Re:Stealing is wrong by Anonymous Coward · · Score: 0

      and yea if I wanted to read a post from some ignorant fuck NEAR the ISP industry...maybe I would have asked you.

      Ok...anyone out there ACTUALLY IN THE ISP INDUSTRY? (i.e. not near, not stones throw, not close, not a friend of a friend)

      I would love to hear what you gots ta say about this.

    9. Re:Stealing is wrong by Anonymous Coward · · Score: 1, Insightful

      I think we need to do some calculations here.

      The best information we have is that the cable modem was capped at 128kb/s, and that they illegally adjusted it to 2.5Mb/s. So basically, they increased the cap by a factor of 20. Since they are using a shared-bandwidth system, in effect, they had one share but gained 19 extra shares illicitly.

      How much would it have cost for them to buy that service at the regular monthly rate? What if they had actually have signed up for 19 additional cable modems? Buckeye's web site is here, and it turns out that the monthly cost for one cable modem is $44.99. So, assuming they had it enabled all month, this increased cap would have cost them 19 * $44.99 == $854.81 per month if they'd gotten it legally. (And the cap is the only thing that matters here, network-wise. Whether they're using one cablemodem or 20, the effect is the same if they download 2.5Mb/s, because either way, they are sharing pieces of the same bandwidth.)

      Since there were 23 people involved and the company claimed over $250,000 value of computer services lost (the FBI minimum), let's examine how long the problem would have had to go on for that figure to be accurate. 23 * $854.81 is $19660.63 per month for all of them. (This assumes every last one of them left their cable modems at the maximum of 2.5Mb/s for the entire month.)

      For them to reach the $250,000 mark, they'd have (all) had to do this (continuously) for 12.716 months, or about 12 months and 22 days.

      An article from CableWorld says the investigation began in Februrary, and the arrests took place in July. Let's give them an extra month to notice and start an investigation. That totals 6 months, and 6 is less than 12.7. Therefore, I'm inclined to believe the claim is inflated by a wide margin.

      My opinion: the cable company would have been basically within its rights to threaten a lawsuit unless each customer paid an amount of up to $854.81 per month (depending on the individual case) that they left their cable modems uncapped. If legal costs were incurred, they would have been within their rights to sue for a little more. And that is, basically, just about it.

    10. Re:Stealing is wrong by canadian_right · · Score: 2
      Buckeye pulled the $250,000 figure out of his ass to get the FBI on the case. I bet he pulled some strings too, especially as one of the follows arrested has a history of being a thorn in his side.

      How much faster is an uncapped cable modem? At $40 bucks a month you'd have to really work at to steal $250,000 worth of bandwidth.

      You Americans have given up way too much of the freedoms you are allways bragging about to the rest of the world during the War on Drugs, and now the War on Terrorism. George even had the gall to speachify about some crountries not spending enough on their military. Some of us are happy to NOT be war mongers.

      --
      Anarchists never rule
    11. Re:Stealing is wrong by lanner · · Score: 2


      You are absolutely correct about bandwidth being very expensive.

      In Denver Colorado I was very happy to pay $150 per month for a DMT PPP over ATM ADSL line at a 640Kbps downstream and 640Kbps upstream rate, along with a /29 IP allocation with reverse DNS configuration, and no port filtering.

      Oversubscription is a necessary evil in order to profit for ISPs. Not everyone will be using 100% of their allocated bandwidth at any time. If they desire to do so, then they purchase a "dedicated" block of bandwidth. When you see the word dedicated, that means the dedication that there is the upstream bandwidth to feed your needs no matter the activities of other users on the network.

      Here in Orlando, I have CRAZY internet connection. The ISP is a little dinky ISP/telco called Orlando Telephone Company. The apartment complex uses a Cisco Long Reach Ethernet (AKA VDSL pre standard) solution where I am getting 1.5Mbps both upstream and downstream almost all of the time. I am paying $55 a month. How can they possibly offer this kind of deal? They oversubscribe the systems. So far, I have not had any problems. I use Gnucleus over night to look for odd-ball files that I am looking for and schedule it to turn back off during normal day time hours. The only problem is that this is a bridged connection with DHCP allocations only. The only reason that the network access here is so good is because the network operators are idiots. I am sure that they will swing in the other direction sooner than later.

      Some day oversubscription may be a problem. As long as I can profit, and the ISP can profit at the same time, then great. The unfortunate part is that most ISPs are planned so poorly that they have no idea what the breaking point of profit and user experience is and what the window size is. ISPs are really dumb.

    12. Re:Stealing is wrong by |<amikaze · · Score: 2

      "We have downloaded a total of 189.8 GB and spewed out 130.7 GB since 18:20, 18/09/2002."

      Quote the bandwidth monitor on our residence network. We are using a 3Mbit/640kbit DSL connection that costs $99 CDN / month. Somehow, I think that our ISP would be considerably grumpy with us if your prices were accurate. They haven't said a thing.

    13. Re:Stealing is wrong by sql*kitten · · Score: 2

      WTF are you getting those numbers? 2.5Mbps cable line here in NS, Canada is $40CND/month ($25US). Perhaps the real problem is that the people with the keys to the onramp are being a little to stingy in the US?

      If you're referring to a cable or DSL service, then that's a theoretical peak speed. You see, a DSL provider has a contention ratio, usually 50:1 for users to bandwidth, which means you are actually sharing that 2.5Mbps with 50 other users.

      If you have a typical network utilization profile (email, some web surfing, the occasional download) then your access is very sporadic. So long as everyone only actually accesses the network 2% of the time (quite reasonable, after all it takes time to read a web page, and you probably won't be using the connection very heavily during working hours because you're at work or at night because you're busy partying/asleep) then everyone gets their 2.5. And if everyone uses it 4% of the time, then still, you get an average of 1.25, which is fine.

      If you bought a link that gives you a full 2.5Mbps guaranteed 24/7 like an ISP does, then you would be paying a lot more. The only reason your connection is so cheap is because they've bought one of those and are sharing it among many paying customers.

    14. Re:Stealing is wrong by Anonymous Coward · · Score: 0

      Bandwidth *really* is that expensive. Well, it's even more than that. At the three public exchange points we're at, our cost is roughly $1,000 per 1 Mbps. There is no way to get good bandwidth at any price less than that.

  23. Corporations... by attobyte · · Score: 3, Insightful

    I think companies are going to take advantage of people until the people wake up. We are due for a revolution but not to break away from the government. We need a "corporate revolution". One where the world, not just America, stands up to Big Business and tell the to go to hell. They might buy government support but if __WE__ are not giving them the money they will not be spending it.

    I miss small "Mom and Pop" shops they are disappearing at a alarming rate. I think we need to be more aware of this and support your local "Mom and Pop" shop even though CVS might have a better deal.

    I always support the little guy in my town. I will go to the local butcher shop before I go to "corporate grocery" store.

    --
    I didn't use the preview button, so get over it!!!!

    Mike

    1. Re:Corporations... by Anonymous Coward · · Score: 0

      I would LOVE to see you try to live your life for just one month without the help of corperate america. You would DIE. Corps shouldn't be able to "cross the line" surely, but without them you wouldn't live more than a few days nearly anywhere in the US.

      And at that you are living better and cheaper than could EVER be done with 10 billion mom and pop buisnesses/co-ops vs 100,000 corporations.

    2. Re:Corporations... by Anonymous Coward · · Score: 0

      big business is government is big business. It is quite clear that both corporate and state power needs to be broken. I suggest a decentralized government. No more globocop.

    3. Re:Corporations... by st+lietuva · · Score: 1

      I give a shout out to the living dead
      Who stood and watched as the feds cold centralised
      So serene on the screen
      You was mesmerised
      Cellular phones soundin' a death tone
      Corporations cold
      Turn ya to stone before ya realise

      --
      When was the last time your *REALLY* sat down to read the US Constitution?
    4. Re:Corporations... by x98chn · · Score: 1

      umm... doesn't corporate America provide the raw goods for the mom & pop shop??

      just a thought...

    5. Re:Corporations... by Anonymous Coward · · Score: 0

      No. The earth provides raw materials. Humans do the work to turn those materials into 'products'. Whether we organise ourselves in a corporate (fascist hierachy) manner, or a democratic (horizontal, worker controlled) manner, is up to us.

    6. Re:Corporations... by ClioCJS · · Score: 1
      "The gang, and the government, are not different.
      The gang, and the government, are not different.
      The gang, and the government, are not different.
      That makes me... 1%.
      That makes me... 1%.
      "

      -Janes Addiction

      --
      -Clio
      Karma: Bad (mostly from not giving a fuck)
      Blog: http://clintjcl.wordpress.com
    7. Re:Corporations... by ClioCJS · · Score: 1

      Fuck. It's supposed to read "are NO different" ...

      --
      -Clio
      Karma: Bad (mostly from not giving a fuck)
      Blog: http://clintjcl.wordpress.com
    8. Re:Corporations... by attobyte · · Score: 1

      Well I guess it depends on what you are talking about. Restaurants vs. Gas Stations??? Everyone knows that gas is all owned by big business but I think you can buy a cow from just about anywhere.

      You do have a point but all I was saying is not let the Big Boys own the Gas Fields, Gas Wells, and the Gas Stations.

      How many small businesses are left in your area?
      Do you have a grocery store that is own by someone that lives in your state or did Wal*Mart put them out of business.

      That is the only point I was making.

      --
      I didn't use the preview button, so get over it!!!!

      Mike

  24. Just had to bring this up... by pVoid · · Score: 1
    This article puts some perspective on some arguments being thrown around like manure over the X-Box service...

    Let the flaming begin... (ducks in terror).

  25. Due process? by jdunlevy · · Score: 5, Insightful
    Wirtz even lost his VCR in the deal, and Sylvania Township police debated confiscating his Xbox gaming console, but decided to leave it behind. The officers confiscated his legitimate CD copies of Windows Office and several operating systems, all of his burned CD's, and a security card writing machine instead.

    Ah well, so much for the right not to be "deprived of life, liberty, or property, without due process of law."

    Seriously...

    1. Re:Due process? by Anonymous Coward · · Score: 0

      where is due process of law defined?

    2. Re:Due process? by Cyno01 · · Score: 1

      uh, in the constitution, give it a try, its an interesting read

      --
      "Sic Semper Tyrannosaurus Rex."
    3. Re:Due process? by bizitch · · Score: 1

      Where have you been?

      There are so many asterixs in the Bill of Rights now - nobody can remember what it said!

      Due Process? How about drug dealers ACCUSED (not CONVICTED) of selling drugs getting EVERYTHING they own confiscated and SOLD to the highest bidder!

      --
      ---- "Logoff! That cookie shit makes me nervous!" - A. Soprano
    4. Re:Due process? by Maul · · Score: 5, Informative

      Due Process went out of the door when the Government decided to start the "War on Drugs." They are expanding this even further with the "War on Terrorism."

      Anybody with an IQ over 100 and a copy of the Constitution can tell you that law enforcement agencies should not be able to do something like this. Yet they do it all the time, even when they have absolutely no intention of pressing charges againt the people they do it to.

      If you are suspected of being a drug dealer, you are in danger of having property such as your car or house being seized by police and auctioned off to the highest bidder, even if you are never officially charged.

      There are some links to info at the LP homepage, I believe (http://www.lp.org).

      --

      "You spoony bard!" -Tellah

    5. Re:Due process? by fermion · · Score: 5, Interesting
      just remember this much of this started with drugs. The fear mongers got the U.S. populous so scared of crack in the street that the populous allowed the U.S. government to remove due process and seize all assets of suspect drug dealer. We were told that these laws would only affect the drug dealers, and the vast majority of Americans, who were innocently earning a living, would not have to worry about being subject to laws. Of course we soon learned that the only people not subject to the laws were the upscale drug dealers in the posh country clubs.

      Now the fear mongers are talking up the terrorist in an effort to promote an agenda of world domination. In the process, they are holding persons, sometimes U.S, citizens, indefinitely and without charges. Furthermore, torture is being seriously discussed. The recent U.S. election shows that the majority of the U.S. supports these suspensions of due process. Money is being diverted from domestic social programs. Again, under the assumption that the vast majority of Americans can consume and exist without worry of being subject to these new laws.

      And we have the gall to complain that a few people have been arrested for stealing bandwidth. We expect to be taken seriously when we say we believed the laws would only apply to real criminals. Sometimes the hypocrisy of the country is beyond even my cynical belief.

      A quote comes to mind
      "First, they came for the socialists, and I did not speak out because I was not a socialist. Then they came for the trade unionists, and I did not speak out because I was not a trade unionist. Then they came for the Jews, and I did not speak out because I was not a Jew. Then they came for me, and there was no one left to speak for me."
      Niemöller.

      When we are willing to really willing to move beyond our fear, then we can talk about how bad it is the goverment has the power to take stuff without due process.

      --
      "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
    6. Re:Due process? by CharlesEGrant · · Score: 1

      The original article states that search warrants were served, meaning that FBI or local police had to go before a judge and testify that they had probable cause to beleive a crime had been committed, and detail the items they thought would provide evidence of the crime. There's your due process. In the course of the search they may have exceded the scope of the warrant, but the due process for that is for their attorneys to challenge the results of the search in court.

      It may suck, and it may be foolish, but if the article is accurate it is not violation of due process.

    7. Re:Due process? by kubrick · · Score: 1

      Due process?

      How awfully 19th Century of you, old chap!

      --
      deus does not exist but if he does
    8. Re:Due process? by Anonymous Coward · · Score: 0
      Not to mention the Fourth Amendment either:

      "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

    9. Re:Due process? by kcbrown · · Score: 2
      Sometimes the hypocrisy of the country is beyond even my cynical belief.

      When the world exceeds your cynicism, then you should adjust your cynicism appropriately.

      In this case, it appears you need to become more cynical than you are.

      I suspect that I'm more or less sufficiently cynical. I certainly hope so, at any rate...

      --
      Use 'slashdot stuff' in the subject line in any email you send me if you want to get past the spam filter.
    10. Re:Due process? by Anonymous Coward · · Score: 0

      How does a VCR provide evidence of uncapping your cable modem?

    11. Re:Due process? by CharlesEGrant · · Score: 1

      Beats the heck out of me. I suppose they might have hidden their secret master plan for ripping off the cable company inside the VCR. Or maybe they are going to be charged with illeagally copying video tapes too.

      Due process doesn't mean that the police will never excede their authority, it just means the accused has recourse when they do. They can now go back to the judge who issued the search warrant and argue that the VCR was not, or should not have been covered in the search warrant.

    12. Re:Due process? by buzzcutbuddha · · Score: 1

      The process is called 'Asset Forfeiture' and it's covered in much more depth here.

    13. Re:Due process? by ratamacue · · Score: 1
      Let me remind everybody that we're talking about a more general issue when we speak of diminishing civil rights: the size (scope and expense) of government. As a rule of thumb: the larger the government, the less freedom. Hence the elimination of due process in the US.

      Socialism is one of the keys to power in government. It would have been much more difficult to get the war on [drug users] going (for example) without the momentum provided by socialist programs (that's including national "defense"). Reduce the cost of government (measured in tax dollars) and we reduce the cost of government (measured in liberty).

    14. Re:Due process? by Anonymous Coward · · Score: 0

      It's only going to get worse. Just wait until the newly formed Gestapo can turn it's attention away from terrorist threats and back to regular American citizens. It's gonna get ugly.

    15. Re:Due process? by error0x100 · · Score: 2

      Wirtz even lost his VCR in the deal, and Sylvania Township police debated confiscating his Xbox gaming console, but decided to leave it behind. The officers confiscated his legitimate CD copies of Windows Office and several operating systems, all of his burned CD's, and a security card writing machine instead

      Almost sounds like the police were shopping. I have this mental image of cops wandering about a house with a shopping .. "one XBOX for kid for Christmas" .. "been wanting to try this new game" .. "hmm .. wife asked me to pick up some milk" ..

  26. Oh please! by www.sorehands.com · · Score: 2
    This is equivelent of being arrested for credit card fraud because you paid your credit card bill late.

    I am curious if they had used their own cable modem instead of a leased modem. Then, that would have killed any hacking charge and since this is not CATV service, there is no law against upcapping.


    Another thing to think about is that the VCR and other computers and data were taken where they had no involvement in the crime. Generally under the forfeture laws, they may take items that are used in the crime or purchased with the proceeds of the crime.


    This is just done to intimidate and scare others.

    1. Re:Oh please! by reallocate · · Score: 2

      >> This is equivelent of being arrested for credit card fraud because you paid your credit card bill late.

      Nope. It's equivalent to tricking the credit card company into adding a few zeroes to your limit and racking up bills of $250,000 and then not paying the bill.

      The Internet isn't some kind of place that exists apart from the laws and regulations that govern us all.

      --
      -- Slashdot: When Public Access TV Says "No"
    2. Re:Oh please! by Anonymous Coward · · Score: 0

      Dear Mr. Sorehands:

      If you want to talk about exercising restraint in Internet-related matters, I strongly advise that you stop using the word "terrorists" to refer to a toy company with which you are obsessed.

      The "Barbie with a flamethrower" image is priceless in its symbolism of activists gone truly mad.

    3. Re:Oh please! by Anonymous Coward · · Score: 0

      "Nope. It's equivalent to tricking the credit card company into adding a few zeroes to your limit and racking up bills of $250,000 and then not paying the bill."

      Nope. Its equivalent to tricking the credit card company out of a few hundred dollars and then the credit card company shoots your mom.

    4. Re:Oh please! by swv3752 · · Score: 2

      No. It is more like having two tvs even when your cable service says that you may only have one.

      They compressed thier usage down from a week to less than a day.

      --
      Just a Tuna in the Sea of Life
    5. Re:Oh please! by reallocate · · Score: 2

      The amount of money allegedly involved here makes this a felony. Your cable company could try the same tactic on you for running more TV's than your contract allows. Presumably, one of the first thing your lawyers would do is challenge the felony charge. Presumably, these poor saps have lawyers who will do the same thing, i.e., try to compel the cable firm to prove that their losses were actually large enough to up the ante to a felony.

      This does seem a bit over the top, but I don't have much sympathy for people who knowingly break contracts.

      --
      -- Slashdot: When Public Access TV Says "No"
    6. Re:Oh please! by grape_soda · · Score: 1

      hey, thats a good point. you dont see armed feds coming in when people split their cable tv to multiple boxes. well, now that i think about it they dont really hunt you down either if you use a router to connect your home network either.

  27. Re:Hello, police state by archen · · Score: 2, Insightful

    *cough cough* third party *cough cough*

    I hated gore more than bush but that doesn't say much (didn't vote last time). If anything Gore vs Bush proved that America is fucked either way. Worried about throwing away your vote? Hah, jokes on you - either party is going to corn-hole you good, it's just a matter of what position.

    Something to consider next election: PLEASE vote for who you think would actually make a good president. If you can't find a good third party candidate, vote for Wile E. Coyote. Voting for a bad candidate because the other guy is worse is NOT helping America. Something to think about.

    okay, I'll get of my soapbox now :)

  28. A case of corporate greed by dfj225 · · Score: 3, Insightful

    This is simply a case of corporate greed. These guys uncapped their modems and the company sends in the FBI. The article stated that at least $250,000 in damages have to be incurred before they FBI can be invoked in local affairs. I don't see how a handful of people can possibly cause that much damage in such a little time. The article states that the one man only uncapped his modem to 2.5 mbps. That is a reasonable speed for a cable modem. If someone simply utilizes a service that they are given to a greater potential, I don't see how this is a "crime" worthy of FBI agents arresting you as well as confiscating your computers. As far as damages incurred, that is total BS. The ISP has a certain amount of bandwidth availiable no matter if 100 people share it or one person hogs it. It may be wrong to use it all for youself, but it doesn't cause any monitary damages to the company. If you are using up something that would be accounted for under normal conditions, you shouldn't be arrested by the FBI. Perhaps disconnected, but not arrested. This is a simple case of the ISP showing their greed as well as their corporate muscle to use the political system as they see fit. Corporate control of our government is, IMO, what plauges our political system the most. This is America...we are better than this.

    --
    SIGFAULT
    1. Re:A case of corporate greed by Anonymous Coward · · Score: 0
      Maybe they are paying for bandwith-on-demand from their backbone?

      The more their users consume, the more it scales, and the more they must spend that month on their connection costs.

      Hence if they calculated X amount of users will consume Y of bandwidth each, during each billing cycle, so they figured only 75% maximum customers megabit hours will be consumed on the average month, and the difference is where they make their profit.

      But these 11 idiots cost them, well "$250,000" worth of bandwith, which should translate into into a gigabyte extra of bandwidth traffic each month.

    2. Re:A case of corporate greed by ordinarius · · Score: 1

      Corporate control of our government is, IMO, what plauges our political system the most.

      This has very little to do with corporate control of our government. To the FBI this is a quick, inexpensive little memo to home broadband users everywhere. Basically they are letting people know that they should recalculate the cost vs. benefit of reconfiguring their modems and stealing extra bandwidth. The probability of being pursecuted is the same, but the perception is what counts. Net effect, more law abiding broadband users. They're thanking slashdot for spreading the word as we speak.

      This is exactly the same kind of tactics that the IRS uses. Around April of every year the IRS makes a big stink about busting a small business owner, or doctor or dentist or waitress and so on to make you think twice about cheating on your taxes. Is it cost effective to bust that one waitress? Yes when you take into account the effect it has on all waitresses.

      Is it cost effective to bust a dozen modem hackers? Yes when you take into account the effect it has on all potential modem hackers. It does suck to be one of the dozen.

      It'll suck even worse if they find child porn on any one of those computers, even in spam, in their delete box.

      - ordinarius

    3. Re:A case of corporate greed by Reziac · · Score: 2

      And couldn't the cable company be found lacking in "due diligence" by failing to take ordinary technological steps to prevent bandwidth theft??

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    4. Re:A case of corporate greed by Anonymous Coward · · Score: 0

      By your philosophy it becomes legal for me to break into your house if you do not install an alarm system or locks to protect me from doing so.

    5. Re:A case of corporate greed by dfj225 · · Score: 1

      I would think so...especially since the cable modem is usually owned by the client and not the ISP. Techically it is my hardware and if I choose to set it to not abide by their rules then that is my right. I only say this because I don't remember seeing in my service agreement a section that mentions speed caps being placed on my personal hardware. If they really want to keep people from increasing speeds, then they need to institue some kind of device on their end of the line...not ours.

      --
      SIGFAULT
  29. Personal Toy vs. Public Utility by Anonymous Coward · · Score: 0

    The attitude among some of the populace is that computers (and all things related) are toys we're free to tinker with. This may have been the case a decade ago, but times have changed. Internet acess is mainstream. It's a service/utility just like water, electricity, gas, or garbage collection. However because we're dealing with bits, rather than atoms, the mental-disconnect is quite wide.

    Yes I think the retaliation was harsh. A threatening email/phonecall would have been a more PR friendly approach to the problem. However, in the long run, people are going to have to accept the internet as priviledge, rather than a right, and act accordingly.

  30. Re:Hello, police state by scharkalvin · · Score: 2

    Do you live in Florida? (I'm ashamed to admit I do.) And the
    bozos in the election dept still don't have a clue. You were worried about the 'greens'. Considering that the green party siphoned off enough votes from Gore to give Bush the election guess you were right.

  31. My ass has rights too by Anonymous Coward · · Score: 0

    They were stealing shit, just like all of us MP3 hounds, warez-a-holics, and such. I want my free shit too. But it's a game. And if the other side says "fuck this shit, let's get legal on them", then it's a FEDERAL CRIME to fuck with FCC shit. FBI can't just "get called in" and bust up some folks. There has to be jurisdiction and probable cause and an actual crime broken. It was. They lost.

    Now, on the other hand, the cable company could have handled this themselves by terminating services and suing them for the "cost" of the extra bandwidth (bullshit $$, but it flies in court). Calling in the feds for first strike is pefectly within their rights, but being dicks. I just hope the uncapping dudes don't get sent to "Gitmo" as terrorists and shit.

  32. guns by ceejayoz · · Score: 3, Informative

    cable modem users who found themselves facing gun wielding FBI agents

    Hate to break it to ya, but FBI agents usually wear their sidearms even when off duty, and having them out when raiding a residence is standard (and smart, too - don't want agents being shot while they scramble for a weapon.

    The gun wielding thing was added to the original article for sensationalism - the linked article in the original writeup didn't make a single mention of guns.

    Sheesh... the outrage here over SOP (on behalf of people clearly guilty of theft of services). Bandwidth costs $$$ and I hope they get in a nice amount of trouble for what they did.

  33. So let me get this straight by erax0r · · Score: 1

    Cable companies have been accused of time after time advertising speeds that inactuallity you never meet! Do they get jailed and fined for this? Hell no! But when someone gains a little extra speed on their connection...you get the point. End of story.

    --
    .[[erax0r]]. .[[/burn.]]. .[[/bros.]].
    1. Re:So let me get this straight by Anonymous Coward · · Score: 0

      Maybe these folks are the reason they can't meet those claims.

  34. Re:Hello, police state by Anonymous Coward · · Score: 0

    What?? Automobiles are good? I hate cars. I have wanted them to go away forever. Good mass transit is the future, baby!

  35. Since it's all harmless... by mythosaz · · Score: 1

    Later tonight, I'm gonna "uncap" my cable box, my electrical meter, and the odometer in my car.

    Thank goodness Slashdot will be here to cry out on my behalf when those evil nazi stormtrooper "law enforcement agents" show up at my house.

    1. Re:Since it's all harmless... by Anonymous Coward · · Score: 0

      Your electrical meter and odometer are "capped"? What, are you prevented from using more than a set amount of electricity each month?

    2. Re:Since it's all harmless... by dhalgren · · Score: 1

      Where do you live, that you have caps on how much electicity you can use and how much mileage you can put on your car?

    3. Re:Since it's all harmless... by Anonymous Coward · · Score: 0

      Amen!

    4. Re:Since it's all harmless... by Anonymous Coward · · Score: 0

      you sir a fucking twit.

      if the goddamned FBI wastes my tax dollars visiting you because you jerry rigged your odometer...

      THEN THIS FUCKING COUNTRY DESERVES TO BE BOMBED INTO OBLIVION.

      Can you imagine that I'm a FBI supervisor, and instead of putting my resources (people) into reviewing terrorist data (they already admitted to having good data before 911, but not enought man power to sift through it)..i instead have my people checking into some two bit fuck twit like you who has rigged their utilities meter or car odometer.

      my god...i'm not capable of expressing my full astonishment at the stupidity of your implications. (that somehow we NEED FBI agents investigating the level of crimes you suggest.)

    5. Re:Since it's all harmless... by endoboy · · Score: 1

      capped odometer == leased car

      what these guys did was the functional equivalent of disconnecting the odometer to circumvent the mileage limitations in the lease, thereby avoiding the excess mileage fee....

    6. Re:Since it's all harmless... by mythosaz · · Score: 1

      Endoboy already got it right.

      I pay for a measured amount of electricity. If I use more than I'm paying for - because I circumvent the device that does the measuring, that's theft.

      The milage on your car is reported (among other things) for leases, for rentals, and in some places for registration. Since you pay for a set number of miles, disconnecting your odometer is theft.

      For Christ's sake I hope I don't have to explain stealing cable to you people.

  36. Manure by bstadil · · Score: 3, Interesting
    So what about the frequent outages we get, the real shortfall in bandwidth from "advertised" number, is this stealing as well?

    Here is Dallas Attbi.com craps out every time it's windy or raining. The fools have no way of figuring out the cable leg is dead other than schedule a service call then wait for a barage of service calls to alert the local people that something is wrong.

    They are stealing my time. Get another supplier? Tough they have a monopoly given them when they testified at the FCC hearing that thy would not increase rates if the requirements for having a second provider got eliminated.

    Guess what happened within a year. Did these guys go to jail for perjury, Think not.

    --
    Help fight continental drift.
    1. Re:Manure by Uhh_Duh · · Score: 2

      Three words for you: Service Level Agreement (SLA).

      When you only pay $50 a month, you don't get an SLA. Cable companies wouldn't be in business if they gauranteed service levels at those rates. If reliability is important to you, you're going to have to pay for it. Order a T1 or a T3. You can negotiate an SLA and when it goes down, you are compensated.

      The reality check here is that you're only going to get what you pay for. Margins are very thin in the ISP business -- and again, this crime directly affects their pocketbooks.

      I find it ironic that you complain about shoddy service, yet you defend those that are costing the company money. Money that could probably otherwise be spent on keeping the service running more smoothly for you.

      --
      -- People who hate Windows use Linux. People who love UNIX use BSD.
    2. Re:Manure by geekee · · Score: 1

      Read your service contract. That's what you agreed to.

      --
      Vote for Pedro
    3. Re:Manure by CashCarSTAR · · Score: 1

      Chances are no matter what the provider is, you'd have crap service. If the service is crapping out every time it is windy or rainy, I would say that there is serious infrastructure problems in your area. In most places in the US, that infrastructure is actually run by the local government. You need to lobby your local government to get this fixed. It may raise your taxes, but I'm sure it's worth the cost to you.

    4. Re:Manure by bstadil · · Score: 1
      Thanks for your reply. I think it's because they keep digging / building in the area and stuff get's exposed.

      I was just irritated over this "bandwidth is expensive" argument. Bandwidth is cheap and need to half in price every 18 month or so, but it isn't. The Last Mile is being held hostage.

      --
      Help fight continental drift.
  37. Re:how was this overkill? by Anonymous Coward · · Score: 0

    Oh no! I knew I shouldn't have left the door open last night at my job! One escaped!

    Sorry everyone! This 'tard troll is my fault!

    (I work at a home for retards. Being around stupid people all day can be a real self-esteem booster.)

  38. Re:Security Through Obscurity by ninewands · · Score: 3, Interesting

    Most DSL ISPs that I'm familiar with cap data rates in their Redback routers rather than in the modem, which puts it safely (for them) beyond the customer's reach.

  39. What's next? by Bacchite · · Score: 4, Insightful

    Impounding your car for speeding? For the Americans out there, vote libertarian and support the ACLU. I'm afraid for my children.

    --
    Fear is the mind killer.
    1. Re:What's next? by yamcha666 · · Score: 1

      I hear ya on the vote libertarian comment. During this past years election, I mentioned to a few people that I was thinking of voting for a 3-rd party (green or libertarian). All they said was - "you're just going to throw your vote away."

      Well, if I don't like the policies that the two dominent-party candidates have, and I choose to vote for them, technically, aren't I throwing my vote away to something I don't believe in?

      People need to wake up and smell the revolution brewing in the headquarters of the Libertarian party, the ACLU, and any organization who's goal is to preserve American's rights given to us by our Founding Fathers.

    2. Re:What's next? by CashCarSTAR · · Score: 1

      All the current US parties just happen to be throwing away your vote because for most people, you end up voting against the principles that brought you there in the first place.

      A little off-topic, but the idea that the LP is somehow anti-DMCA and its ilk is complete and total bullshit. It's quite simple. The LP, in everything I've read supports the idea of property, including IP.

      They believe that property rights are sacrosanct.

      Let's take for example the case of a programmer who is trying to break an encryption scheme to enable...say e-books to be read through third party voice readers.

      The act of breaking the encryption in fact does irreprable harm to the IP rights of those that own the IP for the encryption scheme. Which would make the violation of which an intrusion on property, with all the civil and criminal penalties intact. Which would make the DMCA and its ilk AUTOMATIC.

      America needs a new direction. It is not a political direction, but a cultural direction. It doesn't matter who you vote for. It matters who you CONVINCE of your ideals.

  40. Overkill? Perhaps... by pdboddy · · Score: 2, Interesting

    Techinically, it is legal for the FBI to do what it did. It might have made better PR to have called, or had a friendly "chat", instead of going in. Sure, the cops can give you a ticket for jaywalking, but in doing that they could be ignoring the maniac speeding 100 in a 40 zone. The FBI surely has better things to do, doesn't it?

    I have a question for any Toledo Buckeye subscribers, do you actually own the modem? If you do, can you get charged for hacking your own equipment?

    Sure, stealing bandwidth is theft, so ya, slap the perps with that crime...

    And I'd like to know how they figured out $250,000 in "extra" bandwidth used.

    --
    Julie Moult is an idiot.
  41. Re:Hello, police state by Anonymous Coward · · Score: 0

    It depends on if you like the shaft shoved into your ass to be made of wood or steel...

  42. Uncapper Virus... by A+Commentor · · Score: 5, Interesting
    So what's going to happen when someone creates a virus/worm that uncaps cable modem speeds??

    "No officer, I didn't uncap my modem speed, it must have been that virus that has been going around..."

    --

    Looking for any old 8-bit Heathkit/Zenith software/hardware - http://heathkit.garlanger.com

    1. Re:Uncapper Virus... by Anonymous Coward · · Score: 5, Insightful

      Sounds like a good way to get back at the big evil cable companies that slashdotters are angry at. Certainly they couldn't prosecute hundreds of people who were infected with a virus. I bet entire ISP's could be taken out with just a few virus victims on each service. What an interesting idea.

    2. Re:Uncapper Virus... by Anonymous Coward · · Score: 0

      Wow, that is one hell of a good idea. That would suck bandwidth dry.

    3. Re:Uncapper Virus... by Anonymous Coward · · Score: 0

      This is actually an extremely interesting idea...

    4. Re:Uncapper Virus... by slamb · · Score: 1
      So what's going to happen when someone creates a virus/worm that uncaps cable modem speeds??

      I predict that if that happens, the cable companies will quickly find a way to cap bandwidth on their end, as they should have been from the beginning. It's just obviously bad security for the person being restricted to be in control of the restrictions, even if there is a way to monitor it.

      And at some point, I think the law enforcement people are going to realize that the cable companies are doing the equivalent of whining about being repeatedly robbed, yet never locking their doors. A crime was committed against them (and the people who committed it should be prosecuted, sure), but I find it harder to have sympathy for the cable companies when they don't take obvious steps to prevent it.

    5. Re:Uncapper Virus... by Anonymous Coward · · Score: 0

      I'll get right on it!! Give me a call when you hear a knock on the door! ;)

    6. Re:Uncapper Virus... by Repugnant_Shit · · Score: 1

      A virus to uncap cable modems? Shit, I hope there's a version for Linux :)

    7. Re:Uncapper Virus... by Anonymous Coward · · Score: 0

      Maybe, maybe not. If you uncapped the modem of a user who did nothing but web browsing, email and gaming, you'd probably never notice the difference. If you uncap the modem of someone like ...my friend, yeah, that's the ticket... who has Usenet binary download bots running 24/7, yeah, you could really saturate a line fast.

  43. Another Step in the Wrong Direction by Shackleford · · Score: 5, Insightful
    From the article: John Weglian, chief of the special units division of the prosecutor's office, offers no apologies for Buckeye's unusually harsh treatment of the uncappers. "Cyber crime is potentially very damaging to society. We are taking a firm position on that type of criminal activity. We hope these cases will have a deterrent value, given the cost factors for the defendants in successful prosecutions."

    Once again, we see an example of people doing something that is relatively harmless and given an unusually strict punishment simply because it is labelled as "cyber crime." The people who create some laws seem to have little understanding of the technologies that we use and their lack of knowledge is leading to some sort of irrational fear of any individual who commits any sort of crime using technology that they don't seem to understand. However, what makes this so disturbing is that modem capping was not said to be illegal in the article. It was referred to as "not legal." So has there been any legislation against this? Anytime? Anywhere?

    And of course, even if there were then we should be disturbed. Was this "crime" any reason to confiscate so much of the offender's equpiment? Even a VCR was taken, but strangely, an XBox gaming console was left behind. I'm not sure what exactly it is that's motivating these steps in the wrong direction. Is it some sort of irrational fear that leads to those that commit computer crimes being put in the same category as terrorists (which they have been, BTW) even if their crime is simply that of "stealing" bandwidth? Ignorance may be bliss for those at Buckeye Cablesystems and other corporations and the governments that make laws protecting them, but it certainly isn't for the rest of us.

    This is bad news, people. It seems that if you're committing anything that can be labelled "cybercrime" you can be given absurdly strict punishments just because your crime has that label.

    1. Re:Another Step in the Wrong Direction by Tim+Doran · · Score: 2

      Once again, we see an example of people doing something that is relatively harmless and given an unusually strict punishment simply because it is labelled as "cyber crime."

      Great point. Of course, I'd like to draw your attention to the War on (Americans who use) Drugs...

    2. Re:Another Step in the Wrong Direction by Anonymous Coward · · Score: 0

      It's still a fucking crime, whether you think it shouldn't be or not. Whether it's harmless or not they still broke the law and are being made an example for it.

      The problem with laws is the maximum punishment should be given in all cases. Don't let people off easy because they will just break the law, or in this case the legal system will be castrated for doing it's job.

    3. Re:Another Step in the Wrong Direction by Anonymous Coward · · Score: 0

      It's wrong to uncap eh? Then why is it is so fucking hard to get back at the cable companies when they don't provide what they should?

      How many times has your 128Kbps downstream, been at less than 128Kbps?

      Why don't the f*cking FBI bust into Buckeye everytime the bleeding network slows down? SOB's.

    4. Re:Another Step in the Wrong Direction by Anonymous Coward · · Score: 0

      So which crime is it, then?

    5. Re:Another Step in the Wrong Direction by PMuse · · Score: 2

      Was this "crime" any reason to confiscate so much of the offender's equpiment? . . . Is it some sort of irrational fear that leads to those that commit computer crimes being put in the same category as terrorists (which they have been, BTW) even if their crime is simply that of "stealing" bandwidth?

      Why take the computers? To search them, of course. The other shoe will drop when one of these 23 people turns out to have some contraband, etc. on his machine. Then they say, "Look, see, we were right. They were ALL terrorists / theives / copyright infringers / pirates."

      --
      "We reject as false the choice between our safety and our ideals." --The American President (20.1.2009)
  44. Terrorists by Cytlid · · Score: 4, Troll

    I'm glad the FBI puts so much effort into stopping people from uncapping their cable modems, instead of ohh, say preventing aircraft from flying into buildings.

    --
    FLR
    1. Re:Terrorists by ceejayoz · · Score: 2

      Should the local police stop investigating robberies and rapes just because people get killed and that's worse? Glad you're not running the country...

      The FBI has plenty of people working on terrorism - hell, they've got too many. The agency needs a streamlining, if anything.

    2. Re:Terrorists by evilWurst · · Score: 1

      So now you're saying cable contract violation is worse than robberies and theft? And that stealing the violator's hardware is in any way related to the stolen bandwidth? Glad YOU aren't running the country.

    3. Re:Terrorists by ethereal · · Score: 1

      Read the article - the FBI did in fact show up.

      If the FBI has too many people, maybe they can start training more of 'em in Arabic. Apparently that's where they're hurting.

      --

      Your right to not believe: Americans United for Separation of Church and

    4. Re:Terrorists by Anonymous Coward · · Score: 0

      So let me get this straight, your saying some geek sitting alone in a room and banging on a keyboard in such a manner that they get a lot of porn fast equates to rape? My god man you are the reason we have prisons overcrowded with nonviolent offenders.

    5. Re:Terrorists by Anonymous Coward · · Score: 0

      murder is to rape

      AS

      mass murder is to cable modem uncapping.

      ??????

      uh no...and that's why you are a fucking loser incapable of even the simplest of analysis.

    6. Re:Terrorists by Anonymous Coward · · Score: 0

      yea!!!! remember those GRE questions?

      Lions are to tigers AS:

      a) pencils are to pens
      b) rocks are to stones
      c) zebras are to horses
      d) bridges are to pizzas

      GUESS WHICH ONE THAT LOSER WOULD HAVE PICKED...HE EQUATED CABLE MODEM CAPPING TO RAPE. (Hint: pepperoni)

      fucker deserves to be strung up by the balls.

    7. Re:Terrorists by joebagodonuts · · Score: 1

      The lesson as always: Don't mess with Big business.

      Seriously, the people behind the World Trade Center are paying. The government that supported them was overthrown. They're executed as they are rounded up. And business is seeking an advantage in this as it always does.

      Power, control, money. To business, that is the goal. It doesn't matter how you get there. Not in America today.

      IMO, the best thing to do in this situation is to not use Buckeye Cable. I promise you that people will read about this and be outraged, but when comes time to download their daily ration of porn, then the outrage will go right out the window in favor of the cable modem.

      People are all for principle until it comes time to sacrifice. If you don't approve of what a business does, don't buy their product.

      --
      "Give a woman two glasses of wine and some pad thai, and they'll agree to just about anything." the Sports Guy
    8. Re:Terrorists by ceejayoz · · Score: 2

      It's not worse, but it's certainly worth investigating. Just because there are worse crimes doesn't mean some resources can't be used on "lesser" crimes - otherwise the only crimes investigated would be rapes and murders of children.

      As for the hardware, it wasn't "stolen" - it was confiscated as evidence for the trial. If you shoot someone, you'd better be ready for the police to take the gun you did it with. The computers were evidence in the case, thus they were taken. Sheesh.

    9. Re:Terrorists by ceejayoz · · Score: 2

      Erm... I did read the article, and I never disputed the fact that the FBI showed up. I think it's time for you to take a reading comprehension class.

    10. Re:Terrorists by Anonymous Coward · · Score: 0
      Should the local police stop investigating robberies and rapes just because people get killed and that's worse? Glad you're not running the country...

      You're right, we should throw just as many resources at jaywalking as we do at murder. Because all crimes have exactly equal importance.

      Or maybe you're just a fucking moron.

    11. Re:Terrorists by Anonymous Coward · · Score: 0

      What's ironic is that had the timing been different the parent post would have gotten modded to -1, flamebait.

    12. Re:Terrorists by Cytlid · · Score: 1

      The only reason I posted this was to get people talking and thinking about it. I mean even if the damages come close to $250K ... imagine how much was lost on that tragic day. I'm sure the loss of life and damages were far more... where were the FBI then?

      I'm not saying what the cable modem uncappers did was right. Sure, they should have their connection disconnected, maybe some heavy fines and jailtime... but FBI with guns? I know how to uncap my cable modem, have I? No. Why? I know how to install my own DSL... someday I will call up and say "Can I uncap my modem?" They'll obviously say no. I'll say "Ok, I want to cancel my account." In fact, the only time I've called them in the last few years was to verify the process of cancelling my account. The way those guys went about it was stupid.

      --
      FLR
    13. Re:Terrorists by Anonymous Coward · · Score: 0

      >hell, they've got too many

      Yeah, they`re catching too many people! Lets face it - they`d need Bin Ladens brother to grass him up if they`re to catch him, just like the Unabomber. The FBI are hopeless.

    14. Re:Terrorists by ethereal · · Score: 1

      Fair enough. I seem to have confused metaphor and reality again. Mea culpa.

      --

      Your right to not believe: Americans United for Separation of Church and

  45. Re:Hello, police state by norton_I · · Score: 1

    I think you underestimate american engineers. It would be almost impossible for environmental legislation supported by almost any politician (even many of the extreme environmentalists) to do much damage to the auto industry. Every time the government makes a new environmental, safety, or reliability regulation, the industry bitches and moans about how complying is impossible, impractical, or way to expensive. But when the laws get passed, the automakers do some research, find out a way to cost effectively comply, and do so. As a result, we now have safer, cleaner, more efficient, and more reliable cars than ever before, and without a huge cost premium.

    I have no reason to think that the auto industry cannot acheive nearly any goal we put in front of them. I used this example because you mentioned it, but I think the same applies to many others.

    This isn't to say that we should go nuts with absurd goals or short deadlines, but we should consider both certain and potential injury to the environment, and look for the most effective ways to reduce our risks. And one of the best ways to do it is to use the tool of capitalism, by forcing (through taxation or other measures) companies to bear the expected cost of their actions, while allowing them to decide the technological avenues to explore in order to acheive the desired outcome.

  46. welcome to reality by Anonymous Coward · · Score: 0

    if you grew up in a ghetto or whatever you would get the same level of 'shocking treatment' for
    smoking dope or driving without your license (like you forgot it at home)

  47. i want to uncap my cable im jeaouls by Anonymous Coward · · Score: 0

    i want to uncap my roadrunner cable im jeaouls. I live in ohio also lol... if there is away or someone knows how email me at zdogg@mail.com

  48. Re:how was this overkill? by pc486 · · Score: 2

    if they were estimated to have stolen $11k each I think that they should have gotten what they did.

    There is no way they could have stollen 11 thousand dollars worth of bandwidth in such a short time. A T1 is around $600-1000 a month so the uncappers would have to uncap for at least a whole year in order to steal that much bandwidth. Wirtz said that he uncapped for about 16 hours, which is wrong in the first place but FAR from 11 thousand dollars.

    They deserve punishment but this is too excessive.

  49. It's things like this... by eye69 · · Score: 1

    ...that makes me never ever want to move to the US.

    1. Re:It's things like this... by Anonymous Coward · · Score: 0

      Good.

    2. Re:It's things like this... by Zathras11 · · Score: 1

      Thank you. We have enough morons as it is. :^)

  50. Re:how was this overkill? by dfj225 · · Score: 1

    "HACKING is illegal and punishable"

    Hacking is not illegal and punishable...Hacking is simply completing a skill taks quickly in an area of expertise(usually the computer field). Cracking is what you are thinking of...don't get them confused.

    --
    SIGFAULT
  51. Theft of Service, or Policy Violation? by Artraze · · Score: 1

    When I first saw this case, I thought that it seemed odd that the defendants would be charged with theft of service seeing as they were paying for the service in the first place. Now, someone may point out that they were paying for the capped service, and that may or may not be the case, but the fact remains that they were paying for cable modem service. That being said, it would seem that these people were simply trying to get the most out of their service, not steal it. Of course, that only holds true if they signed up knowing that their bandwidth was going to be capped. However, if the company didn't tell them they were going to be capped, then those modifications could a worst be a policy violation (if such things are covered by their policy) which should be dealt with by terminating the service.

    1. Re:Theft of Service, or Policy Violation? by Anonymous Coward · · Score: 0

      I totally agree with you there. I also have to point out the numbers these people are talking about they cost the company. For my company, I spend about 130 dollars a month on bandwidth and that is about 50Gb worth. I really would like to know how they are coming up with that number, and if they have detailed records, why not just charge them with the amount of bandwidth they spent over cap? What do the cable companies do when you report people who are stealing your cable?

  52. umm by Anonymous Coward · · Score: 0

    What happened to the days when people accepted that when you break the law you have to pay the god damn consequences?

    These days when someone gets caught cracking a server to store a bunch of warez and porn vcds on now it's a trvesty of human rights if they get arrested and their computer is confiscated.

    Back in the day if some phone phreak got busted for making 500 hours of free phone calls to hong kong he just took his punishment and moved on he didnt try and act like he had his human rights violated.

    Get real man.

  53. Overkill by brad3378 · · Score: 5, Interesting

    So how come I've never heard any stories about
    FBI agents busting down the doors of Spammers?
    Surely spammers with a 28.8 modem waste more resources than people that tweak a cable modem.

    --

    1. Re:Overkill by Anonymous Coward · · Score: 0

      Because spams OFFER YOU AN ICREDIBLE OPPORTUNITY TO MAKE MONEY 24/7 WORK AT HOME KICK YOUR BOSS' ASS. Therefore, spam doesn't cost anything, in fact, it increases wealth.

    2. Re:Overkill by Anonymous Coward · · Score: 0

      This is true. I used to work for an "Internet Marketing Firm". You would be suprised how many times we would send the same creative to the same batch of people. For example:

      Boss: "How many people do we have in NY,NJ, and MA?"
      Me: "Umm about 50K."
      Boss: "Well shit; We just closed a deal where I said we had 2M there. Well I guess just mail the same 50K people the same thing for about a week."

      Its things like that, that made me quit. The only thing that I miss from that job is the pay check.

  54. btw: FYI I CANT SPELL =) by erax0r · · Score: 1

    btw: FYI I CANT SPELL =)

    --
    .[[erax0r]]. .[[/burn.]]. .[[/bros.]].
  55. Nope, I haven't downloaded mp3s by Kiwi · · Score: 2
    You've downloaded mp3's for sure

    For the record, I have never downloaded a mp3 (or any other music file) off of the internet which the copyright holder did not make available for download.

    OK, there is exactly one exception. I once downloaded an mp3 of the extended danse mix of "Say it Again" by The Danse Society; then again, this particular song has never been placed on CD and is long out of print.

    - Sam

    --

    The secret to enjoying Slashdot is to realize that it should not be taken too seriously.

    1. Re:Nope, I haven't downloaded mp3s by Anonymous Coward · · Score: 0

      "For the record, I have never downloaded a mp3...there is exactly one exception. I once downloaded an mp3 "

      Well there you go, your just as guilty as the rest of the users who download tons of mp3 a month.

      There is no getting a little pregnant and there is no stealing just a little. You stole and your a thief just like everyone else. Don't try and defend it and don't act like your better than anyone else.

  56. VCR? Thats pointless by Anonymous Coward · · Score: 0

    They forgot about the guy's Tivo hiding out under the Xbox :)

  57. Seriously? by hasse · · Score: 1

    Here we got 2mbit/640kbit, no monthly limit, for about $55 pr. month. Anybody better?

    1. Re:Seriously? by Anonymous Coward · · Score: 2, Funny

      here we get 1 Gbit/s for only ~$30,000/year :D

      (cwru)

    2. Re:Seriously? by pbox · · Score: 1

      Can't beat this one: 12Mbit down / 1Mbit up
      no documented limit
      for about 20 USD per month.
      Japanese Yahoo BB DSL.

      Totally insane! Gotta move there, now ...

      --
      Code poet, espresso fiend, starter upper.
    3. Re:Seriously? by Anonymous Coward · · Score: 0

      Heh

      The benefits of higher education.

      At last count, my school (.) has a gigabit primary link, and 7 clustered t1s to qwest as 'backup' (it used to be the primary connection, the gigabit link is new this year). The on campus lan is a mix of 802.11b and fibre, with 100mbit to all the rooms.

      The upload limit is about a gig and a half a day (past the router, within the lan it's unlimited), and there is no download limit. For the very low price of $35k/year.

    4. Re:Seriously? by Anonymous+DWord · · Score: 2

      OptOnline in NY has 10 down/1 up, with no caps. Box set at The Wiz comes with a brand-new cable modem, new 10/100 NIC, 50 feet of cable cable, 20 feet of cat5, and a year's worth of access. Total cost is just over $300.

      --
      "If he thinks he can hide and run from the United States and our allies, he's sorely mistaken." Bush on bin Laden
    5. Re:Seriously? by MidnightBrewer · · Score: 1

      Moved there. Got KDDI's service (DION) for the same price and the same performance. It's schweet. You couldn't pry me away from Japan with a crowbar and a team of wild monkeys.

      --
      "Give a man fire, and he'll be warm for a day; set a man on fire, and he'll be warm for the rest of his life
    6. Re:Seriously? by Anonymous Coward · · Score: 0

      I live in Toledo, and I get 1 mbit down and 128 kbit up for only $54.99 (And they wonder why people around here uncap).

  58. Terrorism?...It is terrorism! by Slashdot+Junky · · Score: 1

    Dear World,

    Terrorism?...Based on how the word terrorism is thrown around by the media and the Bush crew, taking more than one's share of the bandwidth is pure terrorism. Terrorism seems to have become a buzzword, and everyone is using it.

    I am not even on his node, and I am in fear of losing the online experience I have come to know!

    Later,
    Slashdot Junky

    --
    .
    Landfill Mining Co.
    Managing the (Un)natural Resources of Tomorrow
  59. You would think.... by dethl · · Score: 1

    that the makers of Cable modems would make it so you couldn't uncap it (or at least make it very difficult)....I'm also wondering why they can't control max up/down speeds from the provider...seems to me as if they were wasting raw bandwidth (I could be wrong)

    --
    "Some fight for law. Some fight for justice. What will you fight for? One day, you will see."
  60. No. Cable only, and here's why (and how). by Erpo · · Score: 5, Interesting

    Uncapping refers to increasing the speed between your network device and your ISP's network device because this is generally the bottleneck. At any given time, your ISP generally has extra internet backbone bandwidth to spare, and unless your computer is _REALLY_ old, it's usually just sitting around waiting for data.

    With DSL, there is a direct physical line from the subscriber to the ISP. By capping the maximum speed their network device will exchange data on that line, the ISP can effectively control your net access speed.

    With cable, it's different. There is a single wire (a loop actually) that runs through the neighborhood and each user taps into that line. A certain frequency block on that wire is set aside for cable, and the bandwidth provided by that frequency block is shared among all the cable modems connected to it. When you hear DSL ads bashing cable companies for delivering shared net access that slows down when too many people in your neighborhood sign on, this is what they're talking about.

    Up until a bit ago, this was very valid criticism. Typically, one node could provide 30Mbps to a neighborhood, and a single cable modem could snatch up a max of 10Mbps of that for its own use. It was a lot like being plugged into a hub. When usage spiked, you were in collision city. However, cable providers have started sending out configuration files to cable modems telling them to only snag a certain amount of bandwidth. This allows them to provide tiered service on a shared medium. What the people mentioned in the article did was send their modems an alternate configuration file saying "Hey! I know I (the cable company) previously told you that you could only use 128kbps of bandwidth, but now you can take as much as you want up to 2.5Mbps!" Since the cable company victims only did this when they "wanted to transfer large amounts of data quickly," they generated usage spikes way beyond normal, especially considering how much bandwidth they allocated to themselves.

    So why crack down so hard on someone whose actions didn't cause any real and lasting damage to the company? The simple answer is that broadband ISPs are in the business of charging as much as they can get away with, and trying to get you to use as little as possible. Their business models depend upon subscribers buying "high speed internet access" and not using it. Simply put, if you're really a "power user" and want to do any of the things you see on "lightning fast internet access" commercials such as downloading digital video or transferring large files, broadband ISPs don't want you on their network. You're belong to a class of customers that uses what it pays for, and not the vast majority who just chat online and check their email twice a day. The fact that they could scare others into lower usage levels by bringing in intimidating government forces was just a plus.

    The only difference between this and the (RI|MP)AA sueing their fans or the BSA sending out "You have ten days to buy our software or we'll audit you and possibly take legal action," letters is that cable companies are prosecuting based on the contents misguided contracts and the (RI|MP)AA and BSA are prosecuting based on the contents of misguided US law.

    1. Re:No. Cable only, and here's why (and how). by Ungrounded+Lightning · · Score: 5, Informative

      Up until a bit ago, this was very valid criticism. Typically, one node could provide 30Mbps to a neighborhood, and a single cable modem could snatch up a max of 10Mbps of that for its own use. It was a lot like being plugged into a hub. When usage spiked, you were in collision city. However, cable providers have started sending out configuration files to cable modems telling them to only snag a certain amount of bandwidth.

      And putting the throttle in the equipment at the customer end of the cable was a big mistake, opening a major can of worms. (Especially given that some customers own their own equipment...) Makes it vulnerable to tampering, leading the company into playing "whack-a-mole", in this case with a BIG mallet.

      The proper solution is to do the throttling at the head end. Downstream you can limit bandwidth with a subscriber management box between the head end and the backbone. Upstream the cable systems assign timeslots to each modem from a central box. So you can limit upstream bandwidth by limiting the timeslots. (Or just have the SMS drop the extra packets - which will cause TCP connections to throttle back.)

      Of course that means the cable companies have to buy an SMS, rather than pestering the FBI to bust their subscribers.

      --
      Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
    2. Re:No. Cable only, and here's why (and how). by MaineGuy · · Score: 1
      Simply put, if you're really a "power user" and want to do any of the things you see on "lightning fast internet access" commercials such as downloading digital video or transferring large files, broadband ISPs don't want you on their network.

      This is not true. Smart BSPs like "power users," as they tend to subscribe to more revenue-generating services than the average customer. Power users are often "early adopters," trying new products first.

      BSPs don't like "abusers," like those in Ohio. Those who abuse access are in part responsible for higher prices for all users, much like insurance fraud leads to unnecessarily high premiums for all policy holders.

      I completely agree that the penalties imposed on the Ohio cable customers were far too severe. Usually a sharply worded, "attorneyized" letter does the trick. Involving the FBI is overkill, and even abusive.

      -Ray

    3. Re:No. Cable only, and here's why (and how). by tzanger · · Score: 1

      Those who abuse access are in part responsible for higher prices for all users, much like insurance fraud leads to unnecessarily high premiums for all policy holders.

      Funny, I thought it was the insurance companies' notion that they have a right to a profit that continually drove up premiums.

    4. Re:No. Cable only, and here's why (and how). by silverhalide · · Score: 3, Insightful

      These power users fall under Pareto's 20-80 principle: 20% of the users account for 80% of the bandwidth use (and vice versa. Think about it, this rule applies to just about every aspect of life). I wish ISPs would go ahead and accept this and deal with it some other way than bashing in doors. The best way is to simply send offenders a nasty note and reset their modems to their proper settings. That's all the scare you need to get most nerds to cut it out--we don't continue doing stuff once we know we're being watched!

    5. Re:No. Cable only, and here's why (and how). by Anonymous Coward · · Score: 0

      As an owner of a ISP, I can assure you that when you buy a broadband connection and use it, you are getting much more than you pay for. The fact is that competition has driven down prices so low that every ISP is subsidizing your Internet. It costs much more than ~$49/month to deliver to you a 1-2MB Internet connection. You're getting *much* more than what you are paying for. That is the economics of recurring revenue service where there are monopolies with huge pockets able to take a hit in order to preserve their customer base when a new technology threatens their profit centers. "The fact that they could scare others into lower usage levels" is just rediculous. This cable company is fighting people who *stole* something from them that costs them money. It's theft and should be punished. You'd be upset too if someone was taking your money.

    6. Re:No. Cable only, and here's why (and how). by Hellkitten · · Score: 2

      From the article:
      Shryock also confirmed the company wasn't sure how customers were getting the extra speed. "We don't fully understand how they're pulling this off just yet, but we're learning more every day."

      Do you really expect that this company would be able to limit the bandwith at the server end, when they can't understand how the users increased their bandwith at the modem end?

      Basically the cable company doesn't seem to have a clue, so instead of using their own money to solva a problem with a technical solution, they use the taxpayers money to solve a problem by using the FBI to scare the s**t out of their users.

      Now half of their users won't dare install "download accelerator" (or any similar tool) since it "makes downloads faster" which is obviously illegal since those other guys got busted for makin their machines download faster. Less bandwith used => more money for the cable company

      --
      - We are the slashdot. Resistance is futile. Prepare to be moderated -
    7. Re:No. Cable only, and here's why (and how). by repsychler · · Score: 2, Insightful

      You'd be upset too if someone was taking your money.
      Like this cable ISP is taking my tax money by bringing in the FBI for this? Theft of service is wrong, however calling in the Federales before making any attempt to send them a stern letter or just disabling their account is a bit of overkill.

      --
      Duffman can never die! Only the actors who play him!
    8. Re:No. Cable only, and here's why (and how). by sql*kitten · · Score: 2

      Do you really expect that this company would be able to limit the bandwith at the server end, when they can't understand how the users increased their bandwith at the modem end?

      I expect that they understand that the users told their equipment to ignore the throttle... Joe Marketing could have just walked into the Tech Department and had that explained in a minute. I reckon what they (and their techs) don't understand yet is how the security measures on the client device were circumvented, particularly if they just supply their users with "black boxes" with two ports, one for the PC and another for the wall socket.

    9. Re:No. Cable only, and here's why (and how). by SomeoneGotMyNick · · Score: 2

      What about all the people who's misconfigured PCs send out a bunch of NetBIOS requests which tie up bandwidth?

      I've logged many such requests within the subnet I'm on.

    10. Re:No. Cable only, and here's why (and how). by Znork · · Score: 3, Insightful

      And apparently dont have anyone familiar with the concept of security either. From a security standpoint physical access equals control, period. There are no security measures that can protect you if the user has physical access to the hardware. They might as well have a big red switch on the front of the box saying 'press here for fast cable, but you're not allowed to press this button'.

      Never, _ever_ trust the client side to be secure or in your control.

    11. Re:No. Cable only, and here's why (and how). by Casualposter · · Score: 1

      Well then you are doomed.

      If you can't sell the service and cover the costs of providing the service then you are going out of business. Maybe you have deep pockets, but not infinite pockets. At some point you either change the costs of providing the service, raise the price, or go out of business. I have a hard time with this competition thing. None of the competitors for Internet where I live really compete. They all have their own monopoly territories and they do not overlap. (DSL and two cable companies)

      The concept of "low cost leader" is nice if you are Walmart and can afford to offer widget 1 for less than cost to get everyone to buy other, profitable items. But this is a service with a contract. If you can't provide the service that I am paying for, you are in breech of contract. If you knew that before you signed the contract you have committed fraud.

      Depending on the average consumer's lack of consumption to provide your profits is foolishly stupid.

      I agree that the Ohio folks were not right in altering the cable company equipment to provide themselves with "free" extra bandwidth. I think that involving the FBI is grand case of overkill. This sure sounds to me like some of the other companies that went after hackers who allegedly stole "hundreds of thousands of dollars" of copyrighted manuals only to find during trial that the company had made the manuals available to the public for less than a hundred dollars all told. I doubt very seriously that the ISP lost that much money, and we will have wasted the time and resources of the FBI, when a competetent local law enforcement would have been sufficient.

      Better yet. Why didn't they just bill them for the consumed band width?

      --
      Creative Spelling Copyright (2002). May use without Persimmons
    12. Re:No. Cable only, and here's why (and how). by MaineGuy · · Score: 1
      Funny, I thought it was the insurance companies' notion that they have a right to a profit that continually drove up premiums.

      Depending on their structure, most insurance companies do have a right to a profit. They must balance the drive for profits with the necessity of attracting and keeping policy holders. If their premiums are too high, their customers may (should) jump to a competitor.

      Pretty simple stuff.

      -Ray

    13. Re:No. Cable only, and here's why (and how). by TheCarp · · Score: 1

      Yes, and then if we define "too high" as "when people leave for competition" we can easily ignore the fact that most people don't actually do much shopping around, or that prices don't really differ that much from competitor to competitor and bruch all that off as simply meaning that the price isn't too high.

      Pretty simple stuff indeed, when you ignore the fact that acutal human behaviour isn't really governed by rationality and that the world ha sfar too many things like insurance, etc for the average consumer to actually have the time to "shop around" and find good deals.

      But thats ok, because the fact that people don't do it just means the price isn't too high...

      -Steve

      --
      "I opened my eyes, and everything went dark again"
    14. Re:No. Cable only, and here's why (and how). by peg0cjs · · Score: 1

      And how can we blame the insurance companies for this? The market determines the price, so if people choose not to shop around but pay whatever they are told to, then the market has accepted that price.

      prices don't really differ that much from competitor to competitor

      There's a reason prices don't differ much between competitors: because that's the market price. You don't typically find a huge difference in the price of bread between grocery stores either, but not many people complain about bread monopolies.

      I'm actually quite surprised (pleasantly) at how much the insurance market has changed over the last 5-10 years, competitively speaking. I switched insurance providers 2 years ago because a competitor was offering the same policies at 40% less. If other subscribers choose not to shop around regularly to see if they are being screwed, well, that's not the insurance co's fault. Caveat Emptor and all.

      --
      Karma: Excellent (Mainly due to Bill & Ted's Karma Adventure)
    15. Re:No. Cable only, and here's why (and how). by clarkc3 · · Score: 1
      Do you really expect that this company would be able to limit the bandwith at the server end, when they can't understand how the users increased their bandwith at the modem end?

      This company might not have been smart enough to, but most are. Basically Bandwith is changed by altering your bootfile which sets the limits for the modem. Where I used to work they wrote a management system that would check the bootfiles to make sure they hadn't been altered. Buckeye cable should've just set something up to automatically reset the bootfile or disable to modems as a violation of the terms of service contract the people signed, the FBI coming in was quite a bit of overkill

      Now half of their users won't dare install "download accelerator" (or any similar tool) since it "makes downloads faster" which is obviously illegal since those other guys got busted for makin their machines download faster

      those don't increase bandwidth used, they just make it use what it has more efficiently (supposedly). Basically just changes the MTU size for packets, it wouldn't appear on any of the company's reports that a person using those was getting more bandwidth.

    16. Re:No. Cable only, and here's why (and how). by invenustus · · Score: 2

      They might as well have a big red switch on the front of the box saying 'press here for fast cable, but you're not allowed to press this button'.

      That's true, and it's idiotic, but if I truly believe that pressing the red button is going to have the FBI on my doorstep, I'll think twice about it.

      This is the state of IT in 2002. You don't have to worry about flaws in your design when any exploration of those flaws is illegal.

      --
      grep -ri 'should work' /usr/src/linux | wc -l
    17. Re:No. Cable only, and here's why (and how). by Hellkitten · · Score: 2

      those don't increase bandwidth used, they just make it use what it has more efficiently (supposedly). Basically just changes the MTU size for packets, it wouldn't appear on any of the company's reports that a person using those was getting more bandwidth.

      Yes but do you think the people that just installed cable internet to surf hotmail understand that? The products claim to boost internet performance, and people got busted by the feds for boosting internet performance. So the less knowledgeable users won't dare use these

      --
      - We are the slashdot. Resistance is futile. Prepare to be moderated -
    18. Re:No. Cable only, and here's why (and how). by clarkc3 · · Score: 1

      how many of those people who just installed cable and surf hotmail do you think will even hear about this? As slashdot readers, we may seek this kind of news out - but the 'less knowledgebale users' won't be informed that the feds ever even acted on something like that.

    19. Re:No. Cable only, and here's why (and how). by Hellkitten · · Score: 1

      Ok, I admit I was nowhere near toledo and have no idea how much (if any) coverage this got in the traditional media (tv and newspapers). But where I come from the news always like the occasional "evil hacker" story (why can't they learn they're called crackers?)

      And I would expect that the cable company made sure all it's existing customers knew about the bust, (through it's newsletter or something like that) to prevent others from trying the same thing

      --
      - We are the slashdot. Resistance is futile. Prepare to be moderated -
    20. Re:No. Cable only, and here's why (and how). by TheCarp · · Score: 1

      However what is "too high" what does it mean?

      my problem is that your argument creates a definition for "too high" that doesn't have any real meaning.

      Insurance has social value, no doubt about it. It is a service that benefits people overall and adds value to our society. I agree with that. The question is does the value it adds justify the price that people pay for it.

      Is the percentage of my income that goes towards insurance truely justified (ok, I would have a hard time making that argument with my salary and my insurance costs take someone else who had a real car instead of a little rice rocket motorcycle and has a more "average" job...)

      Im looking for a definition of "too high" based on real social value, because the standard definition of "too high" really ends up meaning "as much as we can get people to pay", which is really a quite anti-social way of viewing the world.

      Now its true, that works out fine if people are rational and really understand and evaluate the prices they pay for things vs the value they get out of them. However, not living in such a world, IMNSHO I think real social value and actual market behavipour get quoite out of whack.

      -Steve

      --
      "I opened my eyes, and everything went dark again"
    21. Re:No. Cable only, and here's why (and how). by peg0cjs · · Score: 1

      You talk of "social value" and "market value" as being two separate things when they are exactly the same. The market will only tolerate a price if it provides value. And also, that market is made up of the very same people who make up the society.

      the standard definition of "too high" really ends up meaning "as much as we can get people to pay"

      Of course it does. And by the same measure, the standard definition of "just right" for the consumer is "as little as we can pay for as much as possible." This is called the law of supply and demand; when the price is such that the providers are willing to sell as much as the consumers are willing to buy, we reach an equilibrium point.

      You asked, [...]is the percentage of my income that goes towards insurance truely justified [...]? That's a question that only you can answer, since different people are willing to accept different levels of risk. In the aggregate, the answer would be "yes," otherwise you (and I mean the greater sense of You, i.e. The People) wouldn't pay for it. However, on an individual basis, there may be some people who pay too little, and others who pay too much.

      How important is salary insurance to a 24-year old rising professional with ambition in his/her eyes? Probably a lot less important than to a 55-year old getting ready for retirement. Which do you think will pay more for such insurance?

      Of course there are other factors that throw a wrench in this whole thing, like compulsory insurance, but let's not go there. :)

      --
      Karma: Excellent (Mainly due to Bill & Ted's Karma Adventure)
  61. Kinda off topic but... by Anonymous Coward · · Score: 1, Interesting

    My ISP fucked up on a friend's CM and gave him a file called nolimits.cm. He got approximately 4megabits down and 3 megabits up because of that. He had it until his power went out, and lost that conf, and went back to like 1.5megabits down adn 1 megabit up. I think it's perfectly ethical (and possibly legal) for him to have saved that file and reloaded via tftp (since afterall, he did buy the modem).
    And you think..?
    *5 minutes later, feds storm my house*
    Fed: Conspiracy charges. You're under arrest.
    Me: Freedom of speech?
    Fed: No such thing.
    Me: Miranda rights?
    Fed: No such thing.
    Me: god damnit.

  62. Re:how was this overkill? by LostCluster · · Score: 2

    if they were estimated to have stolen $11k each I think that they should have gotten what they did.

    I estimate your post just cased $250,000 in emotional distress to the people you're talking about. What? Estimates can be wrong?

  63. Yes and No by DesScorp · · Score: 3, Insightful

    I very much agree that sending in the FBI (that in itself shocks....local P.D. couldn't have handled this?), weapons drawn, was abuse of authority. There should be some ramifications for the people that authorized this resopnse.

    HOWEVER.....I don't want this to be just another situation where someone knowingly breaks the law, steals (it's bandwidth, but it DOES cost money), and then Slashdot readers start screaming "Free them! Fight the Power! Stand up to the man!". These guys knew what they were doing. Their ISP should not only drop them, but they should face legal sanction of SOME kind. Not prison, obviously, but a hefty fine and some community service time at least.

    The way they were busted was indeed extreme. Don't go to the other end of the scale and insist there should be no punishement at all. By calling it a "virtual crime", you seem to mock the idea that it was a crime at all. It was, and proper punishement is still deserved. Only the scale of the reaction and the level of punishement should be called into question here.

    --
    Life is hard, and the world is cruel
    1. Re:Yes and No by Anonymous Coward · · Score: 0
      HOWEVER.....I don't want this to be just another situation where someone knowingly breaks the law, steals (it's bandwidth, but it DOES cost money), and then Slashdot readers start screaming "Free them! Fight the Power! Stand up to the man!".

      That's a strawman, jackass.

    2. Re:Yes and No by ekent82 · · Score: 1
      There should be some ramifications for the people that authorized this resopnse.
      Don't you get it?? We're in a War on Terror! We can't afford to punish these defenders of freedom.
      --
      humble thoughts from ekent
  64. Just can't wait by Kurt+Russell · · Score: 1
    "However, just like so many other people are saying isn't using the FBI a bit extreme?"

    Say hello to a whole new set of rules.
    The future's so bright, I gotta wear shades

  65. A legal question? by TamMan2000 · · Score: 2

    IANAL but...

    Could you make a case for entrapment? This sounds very similar to putting a kid in a candy store and telling him to to take any, then leaving, only to go watch the room on a survailance camera with a cop in the next room.

    Who the hell came up with the idea to put the bandwidth controls on the users end of the conection, in fact in hardware the user may own? It sounds like asking for trouble to me...

    --
    "I'll have a Guinness, no wait, make that a Coors Light" -Grad student I work with, who shall remain anonymous...
  66. Virtual Crime by Wyatt+Earp · · Score: 2, Insightful

    So, if one were to manipulate a bank so that they had a million dollars now, since that is "virtual" it shouldn't be illegal?

    By that measure, most of what Enron did was "virtual". Insider Trading and stock price manipulation is "virtual".

    Pointing a gun at someone when the pointer has no intention of firing is a "virtual" crime. There's no assault or endangerment, it's "virtual".

    1. Re:Virtual crime by jridley · · Score: 2

      How is the monetary value placed on the lost bandwidth?

      The only SENSIBLE way that I can think of is to figure out what their peak speed is, how long they've had the service, and calculate by the $/kbps they're paying for now.

      If I were so charged, I'd want them to limit it to the time that they could prove I was using an uncapped modem, not the whole time I'd had the service.

      So if you were paying $50 a month for 512Kbps and you were getting 10mbps, and had the service for a year, they MIGHT be able to make a case for $50*19*12=$11400.

      But anyone with any knowledge knows that there's NO WAY they were burning the whole 10mbps for the whole 12 months; if they were and weren't noticed, their ops are complete morons.

      Personally I have records of my cable modem bandwidth usage, metered every 5 minutes, going back to when the modem was installed, in either graphical or tabular format (/proc/net/dev and a few perl scripts & cron). It also tracks when the connection was down, and I've used the info to get my cable company to prorate down my bill if the connection was down for more than a few hours in a month.

  67. Ludicrous speed -- NOW! by SoupaFly · · Score: 2, Interesting

    Okay, these guys 'stole' something. So charge them with some petty crime and send them on their way. It's not like they stole all the extra bandwidth, setup their own free DVD web site and pirated Harry Potter 2 24/7 for months on end.

    IMHO, they should have just had their service cut off. It shouldn't take long to figure out some joker is sucking down way more bandwidth than they've been allocated. Oh wait, there I go again expecting people to be competent at what they do.

    Capitalism is a system of economics, it shouldn't be a way of life.

  68. Re:how was this overkill? by garcia · · Score: 2, Flamebait

    so one of them uncapped to 100/100. The bandwith of a T1 is 1.554mbs. The most a cable modem will probably get is 10/10. That's a DS3. That's more than $600/mo.

  69. Re:Hello, police state by Raffi+Spock · · Score: 1

    Common error. But, (big surprise), the people who really caused Bush to win were probably the 50% or so who *didn't vote!*
    I realise this is crazy talk, but people who vote for a third party aren't "siphoning votes" from anyone. Many of them would have just stayed home otherwise. Besides, are you implying that people shouldn't vote for whom they believe in? Thoughts like that have caused the current situation with a choice of two evils. This frankly violates the ideals of democracy!
    If Bush (or Gore, for that matter) received about 50% of the vote, and about 50% of those eleigible to vote turned out to vote, that means that either one got 25% of the vote. Now, if the remaining 50% of voters went and voted for Green, or Libertarian, or (heck!) Communist, Americans would not be picking their poisons and maintaining the status quo, rather voting for who they *believed in* and getting *results.* Doesn't work if you can only choose one candidate? Try approval voting, or an Australian style Borda Count.
    It's about getting back to democracy. It's about the will of the people.

    (Dismounts from the soapbox).

    --
    Quid latine dictum sit, altum viditur.
    Anything said in Latin, sounds profound.
  70. Flawed business/technical model allows stealing by MattXonn · · Score: 1

    There are two things that make it easy for the stealing to happen. The first is that there is no restriction on the amount of data a customer can transfer. The second is that the bandwidth capping is done in the modem.

    The first can be fixed by capping the amount of data a customer can transfer in a given period. This happens in places like Australia and New Zealand. If you go over your cap then you pay extra. The charges in the USA are based on the fact that most customers will only do so much data transfer in a month, however there is no control to make sure they do. You are not actually paying for the ability to saturate the connection non-stop.

    I am not sure of the details of how cable modem access works. If bandwidth capping can't be control at the ISP's end, then maybe there should be a way the ISP can control the configuration of the modem from their network.

    Both of these would make it hard for stealing to happen.

    1. Re:Flawed business/technical model allows stealing by Zathras11 · · Score: 1

      My understanding is that the provider can simply stop the service if they detect a problem. I do not understand why that was not done here. Surely that would have hurt the people violating their contracts, as they had become accustomed to the extra speed (on top of the already higher than 56K modem speed). Sending them packing back to a 56K modem ISP seems like punishment enough to me, but then again it wasn't my product that was stolen. I have had things stolen before and I know that felt awful. I signed up for broadband at the end of July (cable, 3Mbps DL and 256 Kbps UL, for $35 a month, also in Ohio). I love it, and I'm not going to do anything to jeopordize my access to it. These people obviously felt they were entitled to more than they paid for, and they are getting that, in spades!

  71. Move to Beijing, China by grainofsand · · Score: 1

    For a 10M down, 1M up with no traffic limit or other restrictions (other than those imposed by the Great China Firewall), I pay 150 Chinese yuan (US$18) per month in Beijing. No install fees.

    --
    A dream is good. A plan is better.
    1. Re:Move to Beijing, China by Zathras11 · · Score: 1

      You have my sympathies. What you failed to mention is that this deal includes living in a country where they can drag you to jail at any moment, shoot you in the back of the head and then bill your family for the bullet. No thanks! By the way, you folks just announced a change in leadership. Did the guy you voted for win? ;^) Looking forward to the day when you are REALLY free!

    2. Re:Move to Beijing, China by Anonymous Coward · · Score: 0

      Good question. Did the guy who got the most votes in the US win?

      Didn't think so...

      China executes people for real crimes. The US also executes people for real crimes.

      In China, your property can be seized when the government feels like building some infrastructure (three gorges dam). In the US, your property can be seized when the authorities feel like it.

      But don't worry, there are probably some islands in the pacific where you won't be oppressed.

    3. Re:Move to Beijing, China by Anonymous Coward · · Score: 0

      My government doesn't attempt to squash/exterminate/kill innocent religious followers. Suck on that.

      China free? Nah.

      At least the US cared enough to count their votes.

    4. Re:Move to Beijing, China by Anonymous Coward · · Score: 0

      [quote]My government doesn't attempt to squash/exterminate/kill innocent religious followers. Suck on that[/quote]

      Gee, tell that to the religious followers the Feds murdered at Waco.

    5. Re:Move to Beijing, China by Zathras11 · · Score: 0

      We have NEVER elected by popular vote and both
      you and Algore know that (and knew that before
      the 200 elections).

      You can sit there with a straight face and
      equate the law in Communist China and the law
      in the USA? They have NO freedoms. Assuming
      you are from the USA, you have simply failed
      to appreciate what God has given you through
      your birth into this great country (even with
      its problems).

      No, unfortunately you liberals are everywhere.

    6. Re:Move to Beijing, China by Zathras11 · · Score: 0

      Suck on what? Feel free to start making sense
      any time you are ready.

      If you are talking about China, they persecute
      Christians all the time. Try paying attention.

    7. Re:Move to Beijing, China by Zathras11 · · Score: 0

      I have to agree on that issue. That was Clinton,
      right (that did Waco)? [Answer: yes it sure was!]

      Am I dealing with two different "Anonymous Coward"
      posters here, or are you schizophrenic? :^)

  72. Reminds me of a BBS in cincinati by Anonymous Coward · · Score: 0

    ALL computers siezed. Lives ruined. All for nothing.
    This was maybe 10 years ago.
    Nothings changed. Clueless bureaucrats intimidated by powerful people.

    1. Re:Reminds me of a BBS in cincinati by Anonymous Coward · · Score: 0

      How about not stealing bandwidth?

      What a concept.

      This is as bad as the crackhead who cries about being harrassed by the man when he gets arrested for robbing somebodies house.

      If you want to avoid getting harrassed by the cops try not being a fucking criminal it really works wonders.

    2. Re:Reminds me of a BBS in cincinati by Blackdove · · Score: 1

      Your head in your ass is an act of sodomy and is probably a crime where you come from... go in a repent to the FBI.

  73. Scary by nihilogos · · Score: 5, Interesting

    When I did a network install of my gateway last year I used a static IP address since dhcp didn't work for whatever reason. I then forgot to change it afterwards.

    Living in a share household bills sometimes went unpaid and Optus@Home 'disconnected' our service, meaning they disabled the dhcp account. We continued to get internet access for the next 6 months until someone finally tweaked that we hadn't got any bills for a while and called Optus. Boy were they mad, but at least we only got billed for the 6 months (honesty is not always the best policy kiddies).

    All this crap, same with uncapping modems, could easily be prevented by the ISPs. If it's such a huge problem for them, why don't they take steps to prevent it happening? Insurance companies wont pay up if you forget to lock your car and it gets stolen ...

    --
    :wq
    1. Re:Scary by Anonymous Coward · · Score: 0

      Where is the self accountability of people? Just because it "can be done" it "should be done" attitude seems to prevail. I "can" steal this, so I will! Makes perfect sense to me.

    2. Re:Scary by harks · · Score: 1

      It's not wrong to take it.. because the DOOR was UNLOCKED!! Perfectly fine thing to do.

    3. Re:Scary by WNight · · Score: 2

      If a cable co. can stop uncapping, and they know it's happening, yet they don't bother, it's probably not worth $250k to them as they claimed to the FBI.

      Don't blame the victim, yada yada yada. It is the fault of the agressor, but we do tell people to lock their cars. Why is this any different? Do people have no responsibility to protect themselves our has the lawsuit-crazed society decided that personal responsibility is non-PC?

    4. Re:Scary by Anonymous Coward · · Score: 0

      Please post your address so that I can swing by your house on my way home and take all of your valuables. Leave your door unlocked so that I know that what I'm doing isn't wrong.

      Your cooperation is appreciated.

    5. Re:Scary by harks · · Score: 1

      sorry if my sarcasm was not obvious.

  74. Actually they were just being cheap. by Ungrounded+Lightning · · Score: 2

    ... if the IT dept. at Buckeye wasn't a bunch of inept mouthbreathers, it wouldn't have been possible on their service either.

    Or if they'd sprung a few bux for a "subscriber management" box. Think "router/firewall with per-user filters, traffic control, and rapid configuration from the terminals in front of the NOC phone operators".

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
    1. Re:Actually they were just being cheap. by muertos · · Score: 4, Funny

      Not necessary. Anyone with sufficient technical ability can set a CMTS to only accept a few possible QOS configurations. Apparently, no one at Buckeye had the wondrous skill called "literacy" or the amazing object called "the manual". Cheap don't factor into it, these techs are stone stupid.

  75. Modding MY X-Box? by br0ken2o0o · · Score: 1

    Well, If it was MY x-box... I would think I could do anything to it I wanted to... Like mod it so I can play Divx movies on it if I wanted to or anything else... Because I bought the damn thing. I payed money for it that I earned. I am not renting it from Microsoft at all. However I do agree that they should not have uncapped their cable modems There was no need for the FBI to be involved.. Local police would have made it clear, and The guns being drawn. That was way over acceptable. These aren't your every day serial killers. They were stealing bandwidth. As far as downloading MP3s.. I really dont see what is wrong with that. Its advertisment for the artists. Granted the majority of people who download the MP3s probably never go out and buy the actual CD. However I do. If I like it I buy it. Now if only everyone else could do the same. But again back on the X-box thing. I do not see what is wrong with people modding them to play games they bought from japan or so on. Or what ever else the do with it. Same thing with the PS2 and PS one. What is so wrong with that? They bought the thing.

    Well thats just my 2cents..

    -br0ken

    --
    This post was generated by a Team of Elite Monkeys for br0ken2o0o (569914).
  76. Well... by craenor · · Score: 1

    I tore the label off my mattress in protest, so that should help.

    Seriously though...they were screwed, Steve Jackson screwed...that's just wrong.

  77. I've seen people do this before by Proneax · · Score: 1

    I knew a guy who had roadrunner (TimeWarner) and he uncappeded his modem, I think he actually flashed the chip directly. Anyway, he was literally getting 10 megs a second for about a month, when he burned out his modem. When the cable company found out, they canceled his account and banned him from their service for life. Now he has DSL.

    That seems like a reasonable punishment. He knew what he was doing was wrong, and the punishment made it so he couldn't do it again.

    1. Re:I've seen people do this before by ceejayoz · · Score: 2

      That seems like a reasonable punishment. He knew what he was doing was wrong, and the punishment made it so he couldn't do it again.

      Not really. He could do it with another cable provider easily enough - and the first didn't really give him any reason not to. Sounds like the cable company didn't know about his uncapped modem until it "burned out" (did he put in a service call, resulting in the discovery?).

      Merely cancelling his account seems like not enough punishment for the offense, really - he should have to pay for the stolen bandwidth at his normal rate. That would be a fitting punishment - pay for what he took.

    2. Re:I've seen people do this before by Anonymous Coward · · Score: 0

      and that my friend is why we will all have metered accounts one day.

      speed will be irelevant....you will pay for what you use.

      right now must ISPs couldn't tell you how much you took or not.

      so they will just invent a number ....say $250,000...that sounds good.

  78. Re:Hello, police state This is local bullshit. by Anonymous Coward · · Score: 1, Insightful

    Yes the FBI got involved but BUSH and ashcroft's policies had nothing to do with this. absolutely nothing. No more than Clinton and Janet Reno were responsible for the beating of Rodney King. Get a life. Loser.

  79. Re:you wont get shafted if you eat at subway by Anonymous Coward · · Score: 0

    Donchoo know blimpie is the big one.

    Big one in your ass biatch.

  80. The problem is civil forfeiture by peacefinder · · Score: 1

    Uncap your modem, get convicted, go to jail. Okay, I can live with that. Bummer... don't do that.

    Be accused of uncapping your modem, get aquitted, and not get your stuff back... now that's just wrong.

    Over the last twenty years, the power of law enforcement to seize assets and declare them forfeit WITHOUT A CONVICTION has increased dramatically. In case you're wondering, the vast majority of people who have lost assets to civil forfieture and later been aquitted have NOT had their assets returned.

    Mostly, this expansion is due to the drug war; it was introduced as a way to get at "ill-gotten gains". The value of the goods forfeited is often out of all proportion to the value gained through the crime. That in itself may violate the eighth amendment... what chaps my hide is the presumption of guilt inherent to the use of civil forfieture by law enforcement.

    Law enforcement makes mistakes, just like everyone else. Given that they are not infalliable, it seems absurd that there is no guaranteed recovery of incorrectly seized assets.

    This isn't simply a matter of "your rights online" or a problem with the cable company. It doesn't have anything to do with technology, or even the drug war. This is a matter of your constitutional rights being trampled by government. Learn about it, and vote!

    A good resource: Smoke and Mirrors: The War on Drugs and the Politics of Failure

    --
    With reasonable men I will reason; with humane men I will plead; but to tyrants I will give no quarter. -- William Lloyd
  81. I'd go postal by CrazyJim0 · · Score: 1

    wow, if some people stole my computers and my PS2 because I was running some "illegal" program. I'd go ballistic. I'd prolly sell the rest of the stuff I own, and buy weaponry and explosives.
    Then I'd go around seeking revenge on everyone who did me wrong until I get taken down in a rain of gun fire.

    1. Re:I'd go postal by Anonymous Coward · · Score: 0

      Wow, talk about your stuff owning you.

  82. Petty thief? Maybe. by kenobi_wan_obi · · Score: 1

    On average, each uncapper allegedly stole bandwidth equaling $11K. If the allegations are true (big IF), that's not petty thievery.

  83. Surprise! Crime doesn't pay (if you're poor) by Anonymous Coward · · Score: 0

    George Bush's buddy Kenneth Lay, Enron scam: not a damn thing.

    Winona Ryder, stole $5k worth of clothing: No jail term.

    Local sherriff, stole $1300 from drug sting fund: 6 month suspension!

    Poor woman, stole $800 worth of clothing from Toys'R'Us: 6 month to 3 year sentence.

    Some stupid kids, stole services from a cable company: nailed to the wall.

  84. The FBI by SHEENmaster · · Score: 1

    Is on its way to your house now. Please stand still while your possessions are stolen by charter cable. Have a nice day, and remember that your hard disks may be seized for quality assurance purposes.

    --
    You can't judge a book by the way it wears its hair.
    1. Re:The FBI by outsider007 · · Score: 3, Funny

      ...you have exactly 30 seconds to recap your modem and delete the porn from your hard drive.

      stoners have it easy, how long does it take to flush a baggie down the toilet?

      whatchoo gonna do when they come for you?

      --
      If you mod me down the terrorists will have won
  85. timeline.textfiles.com/1991 by Anonymous Coward · · Score: 0

    Check it out. Computers bring out the worst in law enforcement. And nothing has changed. Nothing.

  86. Contact the FBI. No, Seriously by istartedi · · Score: 5, Interesting

    It sounds like this guy is the victim of abuse by a local government official. When that happens, it's a job for the FBI. He's in pain now, but if the FBI investigates and determines that local officials have overstepped their bounds by destroying the guy's business for having commited an offense that should probably result in a small monetary fine, then the local goverment official could actually be prosecuted. Following conviction (or even following acquital, as in the OJ case) there could be civil penalties. The wheels of justice grind slowly, but they do grind.

    I can't help but be reminded of Boss Hogg from the Dukes of Hazzard. In real life, the Dukes could have the FBI take him out.

    The same thing has happened in real life with a lot of cases, most noteably civil rights abuses in the South where local governments committed crimes against Blacks.

    --
    For all intensive purposes, "whom" is no longer a word. That begs the question, "who cares"?
  87. While you were sleeping by slickwillie · · Score: 5, Interesting

    In case no one here noticed (and it appears no one has), the Lame [Duck] Congress just passed the Homeland Security Act. It was originally 35 pages when it was reviewed by committee. While the Congress was away for the election break, someone added another 453 pages of pure pork.

    "An evil exists that threatens every man, woman and child of this great nation," the leader of another country once wrote. "We must take steps to ensure our domestic security and protect our homeland."

    That was Adoph Hitler, writing about creation of the Gestapo in Nazi Germany.

    1. Re:While you were sleeping by Anonymous Coward · · Score: 0

      I'm surprised you signature isn't .sigheil

    2. Re:While you were sleeping by Skuld-Chan · · Score: 1

      I'm curious where or what text this quote appears?

  88. Re:how was this overkill? by Anonymous Coward · · Score: 1, Informative

    The article correctly stated that the cable company's claim of 100/100 was complete bullshit, as that's theoretically impossible.

  89. how about by Anonymous Coward · · Score: 0

    How about Toledo shafted by uncappers.

    Don't do the crime if you can't do the time biatchs.

  90. Fear by lemonparty.org · · Score: 0

    I know they're gonna get me for something someday that's a felony. And then they'll take away my guns. WATCH THEM TRY! No dumb laws or overkill enforcement is gonna keep my from living my life. Alright, yeah I'm sure it will stop my from living my life. :-( What can a guy do? I do agree that they should have been stopped for stealing bandwidth. And possibly made to pay $$$ for it. Yea, I know you hate my blah blah, and you're gonna blank blank me if you ever see me. Don't bother posting about that. I already know.

  91. Translation for the hard-of-thinking... by duncan+bayne · · Score: 1
    "Granted, those who were indicted were stealing, but having their posessions siezed by FBI agents is overkill because we don't mind stealing, unless it's stealing from us, or from people we like, or stealing GPLd code."

    This is theft, pure and simple. I don't know why the FBI is involved, but arrests by armed officers and confiscation of evidence seems entirely reasonable to me.

    1. Re:Translation for the hard-of-thinking... by officeboy · · Score: 1

      It is NOT theft. It may be a tricky way of getting more then the next guy is getting, but that is not theft. If you go to a buffet and someone goes back 3-4 times more then you, were they stealing?
      I've just read the Terms of Service, the Acceptable Use Policy, and the Residential Agreement. None of them give any maximum speeds, or limit the amount of traffic that may be transmitted.
      Look for yourself.
      http://www.buckeyecablesystem.com/bci_h tml/interne t_html/bexpress.html
      (near the bottom)

    2. Re:Translation for the hard-of-thinking... by duncan+bayne · · Score: 1

      Fair enough - but do the TOS prohibit mods required to uncap? I must admit, I have assumed that the TOS either mentioned the cap or prohibited the mods; if not, then what the hell are they doing going after their users like that?

    3. Re:Translation for the hard-of-thinking... by alizard · · Score: 2
      WRONG, but I suppose you're used to that.

      The "criminals" violated the terms of what they thought was a normal TOS.

      A normal TOS is a civil contract.

      If you get caught breaking the terms of a regular ISP TOS, say, by sending out 1,000,000 spams for Herbal Viagra, you get your account jerked, and you might get a big bill if your TOS that you clicked through says you've agreed to pay financial penalties for certain specific kinds of misuse.

      If you refuse to pay your bill, the ISP can sue you for damages and the court can order you to pay, and confiscate your assets or send you to jail if you refuse.

      My ISP can NOT send anybody to my place to kick down my door and rip off my equipment to penalize me for violating the TOS.

      The cable company bought from the legislature the ability to add criminal penalties to the TOS. to redefine violations as "criminal theft of service". Were the users informed of this? Only in the fine print if they were even told there. Ever seen a cable broadband ad that says "break your user agreement, go to jail?"

      Presumably, the "criminals" thought they were breaching a civil contract and would have to pay a few bucks for the actual excess bandwidth consumed.

      The lesson? For everyone else, it's don't buy broadband from providers who can send the police to kick down your door. Amazing things can be done with an 802.11(whatever) link and a high-gain directional antenna if a cooperating ISP is at the other end.

      You should sign up for cable broadband immediately.

  92. What were the actual loses?? by nolife · · Score: 5, Insightful

    The loses could not be anywhere near what they are claiming.. Here's the way I see it..

    The cable provider has a certain amount of bandwidth they provide their customers to the outside world. This is what they pay for. They pay that amount regardless of WHO is using it and when. The only loses the cable company should be able to claim is from the customers who cancelled their services because they were not getting expected rates and it can be proved these rates were lower because of a direct result of what these 11 people were doing. That is a very hard thing to prove. Compare the cancels/month directly related to bandwidth concerns before, during, and after these offenders were uncapping. If they are no different, there is no loses.

    Even if they were originally capped at 1.5/128. The most you could really get out of a CM is what? 5mbit/500kbit maybe? The have the potential to get roughly just over 3 times what they were paying for. Divide this extra 3.5mbits among say 5000 subscribers and you get a potential loss of 700bit/sec per customer or roughly .0875kbytes/sec slowdown per violator (assuming they were all using it at the same time and maxxed out their own cable lines). You also have to assume that the CM companys outgoing pipes are already saturated, if they were not, the loss to everyone else is nothing. Again, this is bandwidth the company is already paying for regardless.
    Okay its late for me and my math may be off so please be easy if I made a dumb mistake and fell free reply with a recalc with your estimates if I am grossly underestimating something.

    I am not saying what they did was justified, but the damage estimates are WAY off..

    --
    Bad boys rape our young girls but Violet gives willingly.
    1. Re:What were the actual loses?? by muertos · · Score: 3, Informative

      You're a little conservative on max line bandwidth. You can get up to around 7.5M. Up or down, it doesn't matter, cable isn't asymmetrical. The only reason cable companies make caps like they do is because no ISP in their right mind wants more data going out of their network than is coming in. It screws up their figures for determining by how much they can oversell their backbone link(s). Which is, not coincidentally, why most TOSes have a stipulation that you can't run any servers. Backbone providers don't care, obviously, there's no difference in direction for them. But I digress, your numbers are a little off, but your point is spot on. What Buckeye did was fabricate numbers in order to fraudulently utilize the resources of the FBI. I'm no big fan of the FBI, but shades of Operation Sundevil aside, there'd better be some accounting for this.

    2. Re:What were the actual loses?? by doormat · · Score: 2

      Yea, the when part is what gets me. If I download a 30MB file, does it matter if I do it in 10 seconds or 5 minutes? It does from the point that I'll download more if I can get it faster, but not from the standpoint that I'm still going to consume 30MB of the incoming pipe, regardless of the timespan I consume it in.

      --
      The Doormat

      If you're not outraged, then you're not paying attention.
    3. Re:What were the actual loses?? by Profane+Motherfucker · · Score: 1

      Outgoing file transfers affect the ability of all the motherfuckers on a given segment to experience reliable cable internet connections. Significant uploading has a serious affect on line quality and degrades the signal of the rest of your pissant neighbors. Hence, in one respect, the fucking titbag cable companies don't want complaints, but on the other I assure you that your assessment is correct: they want to oversell. And honestly, what the fuck is wrong with that? An exceedingly small percentage of motherfuckers uses and exceedingly large chunk of bandwidth. But everyone else just pisses around with a few emails here and there, and perhaps some queerass clipart search on Google. That's it.

      And regarding this supposed DRM developer in the story: is the world *not* a better place with one less DRM developer out fucking shit up? I say bad deal for him, but good for those of us who think intellectual property is theft.

    4. Re:What were the actual loses?? by ez76 · · Score: 1

      It does matter because the dimensions of bandwidth are not bits but rather bits per unit time.

      You don't "consume" megabits, you "consume" megabits per second.

    5. Re:What were the actual loses?? by randomErr · · Score: 2

      We are talking Buckeye Telesystems here. Buckeye Telesystems is where you can buy a 3 mbit connect for an extra $20/month but you're still only guaranteed the 1.5 mbit rate. Toledo isn't called 'The Biggest Small Town in the Nation' for nothing.

      Toledo is nothing but a bunch of bickering children who don't care how their action make Toledo look because daddy willed them some money.

      Hell, the owners of Buckeye Telesystems got some many people mad at then on stunts like this that they had to move out of state and manage their services (fiber, wireless, newspaper, security, telephone, and dialup) by proxy.

      --
      You say things that offend me and I can deal with it. Can you?
    6. Re:What were the actual loses?? by PMuse · · Score: 2

      How, exactly, are the provider's losses any more than the difference between what these uncappers paid for and the amount they would have been charged had they paid for the bandwidth they actually used?

      What does that come to? The cost of about 3 extra subscriptions apiece? Ten? And for how many months? One? Two?

      Sure, sure, these people broke their contracts, but _this_ is _nuts_.

      --
      "We reject as false the choice between our safety and our ideals." --The American President (20.1.2009)
    7. Re:What were the actual loses?? by nolife · · Score: 2
      I was going to add that analogy also. You can also turn that into this:

      The amount of extra bandwidth useage that one uncapper can use is equivelent to the cable company adding just 3 new users.

      I don't know what kind of lawyer these people can afford, but it seems to me that the more information they can subpoena from the company the better.

      Starting with:

      Charts and graphs of outgoing company wide bandwidth broken down by hour to see at what points and how long the pipe is saturated.

      The actual amount of bandwidth each of these people were actually using at what times to see if they were causing the saturation and potential slowdown of others.

      The agreements they have with upstreams to see if bursting was used to limit the saturation.

      They may not be able to provide all of this information. That's not going to look good when someone asks them point blank, "How much bandwidth was Joe Blow actually using and when?". It is my understanding of the law that you can only collect ACTUAL damages in court based on proof of loss, not what the damages could have been or what you think they could have been. With no individual bandwidth figures for these guys, you will have a hard pleading your case.

      --
      Bad boys rape our young girls but Violet gives willingly.
    8. Re:What were the actual loses?? by sulli · · Score: 1

      Maybe the fucking DRM developer should think about managing the digital rights that he has paid for - or not, as the case may be. I say serves his ass right.

      --

      sulli
      RTFJ.
  93. sieze? by Anonymous Coward · · Score: 0

    Attn. Slashdot Editors,

    Sieze is *not* a word, however, seize is.

    WTF? All that CowboyNeal had to do was write *one* sentence - the article was written and submitted by independent parties.

    Perhaps the rampant errors are intentional, a way to gather more attention/posts. Ugh.

  94. About the guns by porkface · · Score: 1
    I seriously doubt any ISP can suggest to the FBI that they go in with guns drawn without making accusations about previous violence or threats. It's the FBI's call.

    That said, if guns were involved (and I see no convincing statements that any were), the FBI would be at fault for creating a dangerous situation. As a responsible gun owner, I can say that this wouldn't be a problem if they came for me, but it would be bound to get SOME people killed over a simple breach of contract that could be solved with a simple cease & desist notice. Again, I'm not convinced guns were actually involved so I'm speaking hypothetically.

    Furthermore, Slashdot only soils itself when they post things with the slant "(Thieves) get shafted!" Many other good examples can be found in articles regarding P2P "sharing." I'd love to see Slashdot work harder to shed it's reputation as an editorial site run by people who think everything should be free. Maybe everything should be free, but there are better ways to achieve that than justifying lawlessness.

  95. Pathetic laws for a pathetic system by Anonymous Coward · · Score: 0

    I had to create an account just cause I couldnt take it anymore... Here's to all the lame a$$ed bastards who think having a FBI come into your house due to a apparent 'law-breaking' activity is a normal thing. - Get the pole outta your ass, sodomy is still illegal in most places. It's pathetic how quickly you can put a price on 'bandwidth' and label somebody a criminal just by 'summing' up damages and pointing a finger. The bastards defending this blatent over zelousness on the part of the FBI should be shot - Those planes that crashed into the towers might have been stopped if more attention was paid to 'actual' crimes than this bull. To sum it up - the equivilent of these people believing that a police state is a good idea is the same as stating the Kremlin looks good on US soil. Take your fucking lame assed laws and stuff it. btw - 2.5 mbps line costs about 30 bucks american in India, or about 25 in Canada. How the fuck do you suppose the richest country in the world cannot 'afford' to supply it's people with adequate cable systems and claim a 250000 loss on the 'oh so presious commodity'.... simple it's either greed, or they wired the whole of US with tooth floss as a cable line.

    1. Re:Pathetic laws for a pathetic system by Anonymous Coward · · Score: 0

      stinks of brigandige

  96. Wow by Featureless · · Score: 2

    This is probably the best AC troll I've seen all year.

    Congratulations.

  97. RAM Drive by GrEp · · Score: 3, Interesting

    After articles like this I would think more people would get rid of their hard drive and run off a RAM drive. 2GB RAM is enough for most of my computing needs, and all my personal files could be burnt to CD and stored in a secure location. No forensic evidence other than network traffic... Talk about sticking it to the RIAA.

    --

    bash-2.04$
    bash-2.04$yes "Don't you hate dialup connections?"| write USERNAME
    1. Re:RAM Drive by buck_wild · · Score: 1

      Unfortunately, your 'secure location' would have also been located and its contents confiscated.

      Other than that, great idea.

      --
      If all you have is a hammer, everything looks like a nail.
    2. Re:RAM Drive by Anonymous Coward · · Score: 0

      I've been toying with the idea of striping data across two drives (raid 0), one of which is removable (and thus securable), and the other of which has some Estes model rocket engines pointed at key components and set to ignite 10 seconds after the case screws are removed in the wrong order. Not as graceful as the Cryptonomicon-style electromagnetic door, but more dramatic...

      But at the same time, i don't know if this would help in this case, where the cable company would theoretically have records of how much bandwidth was being used.

      -AC (master thought criminal ;-)

  98. Re:how was this overkill? by Anonymous Coward · · Score: 0
    That's like taking a magic marker and labelling the top end of the spedometer in my 1993 Nissan Altima to read 200mph.

    You are making the same error in conceptual understanding as the ISP (willingly) and the FBI (hopefully out of technical ignorance, but more likely willingly) did.

    If it is technically impossible for the modem to achieve the speeds claimed in the complaint, then the amount and extent of bandwidth theft is nowhere near the alleged level. The numbers these guys entered into the config files are irrelevant in assessing actual damage.

  99. I'm afraid of Americans by boy_afraid · · Score: 1

    I'm afraid of Americans
    I'm afraid of the world
    I'm afraid I can't help you
    I'm afraid I can't.....

  100. A "nice amount" of trouble? by achurch · · Score: 2

    Sheesh... the outrage here over SOP (on behalf of people clearly guilty of theft of services). Bandwidth costs $$$ and I hope they get in a nice amount of trouble for what they did.

    So how would you feel about FBI agents storming into your house, arresting you, and taking all your clothes for jaywalking across a street? I'd have had no complaints if the users had just been disconnected, or even if the ISP had billed them for damages, but this kind of action is so out of proportion to the offense it's absurd (and frightening).

    1. Re:A "nice amount" of trouble? by ceejayoz · · Score: 2

      They took his computers - which could reasonably be assumed to contain evidence. If they'd taken his clothes, car, etc., the outrage would be understandable, but they didn't.

      As for the jaywalking question - it's not a felony, so they wouldn't storm the house and arrest me - they'd give me a ticket. Choose a better analogy.

    2. Re:A "nice amount" of trouble? by ethereal · · Score: 1

      Actually, people have been arrested over simple traffic tickets, etc. - basically the same as jaywalking. It was appealed all the way up and ruled legal at every point. Essentially every crime is arrestable under the Constitution; it comes down to local law to put limits on the police power in this regard.

      --

      Your right to not believe: Americans United for Separation of Church and

    3. Re:A "nice amount" of trouble? by buck_wild · · Score: 1

      So what do you supposed he downloaded to his VCR?

      --
      If all you have is a hammer, everything looks like a nail.
    4. Re:A "nice amount" of trouble? by Anonymous Coward · · Score: 0

      >storming

      Storming? Or entering? Do they storm into their cars when they drive off home?

    5. Re:A "nice amount" of trouble? by stanmann · · Score: 1

      No idea, Likely they seized everything connected to the Cable outlet. Thus the debate about confiscating his XBox. Just applying logic here.

      --
      Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
    6. Re:A "nice amount" of trouble? by buck_wild · · Score: 1

      Ah, didn't think of that. Good point...

      --
      If all you have is a hammer, everything looks like a nail.
  101. one question by extrarice · · Score: 4, Insightful

    What the *FSCK* does a VCR have to do with broadband theft? Evidence? Evidence of what?

    --
    "Jesus saves, but everyone else in a 10 foot radius takes full damage from the fireball."
    1. Re:one question by Anonymous Coward · · Score: 0

      My home was once a crime scene & the cops were trying to be as thurough as possible (for good reason).

      They wound up taking *lots* of pictures of my lunchbox because they didn't know what it was... (yeah, it looked a little odd, I guess, with the insulation, but they sold them at Wal-Mart, so...)

    2. Re:one question by buck_wild · · Score: 1

      So I bet you gave up kiddie porn after that, huh?

      Oh, that isn't where you got the lunchbox? Uh, sorry, nothing to see here.

      --
      If all you have is a hammer, everything looks like a nail.
    3. Re:one question by No+Such+Agency · · Score: 2

      Evidence of "Welcome to Amerika, kiddies!"

      --
      Freedom: "I won't!"
  102. Damn Buckeyes !!! by Anonymous Coward · · Score: 0

    Waddya expect? Its Ohio...

  103. So what happens when ... by Ungrounded+Lightning · · Score: 3, Insightful

    So what happens when somebody uses, say, the recent Microsoft IE hole to create a web button that (while also doing something plausable) silently snifs whether the user is on a cable modem and uncaps it if so?

    You could easily find the bulk of the subscribers on the cable company's line with uncapped modems through no fault of their own.

    Of course the FBI could go after the owner(s) of the sites(s) with the link. (But suppose their sites had it because it had been installed by a nimda variant, so it wasn't THEIR fault, either?)

    Or suppose somebody constructs and launches an email virus that, as its payload, uncaps cable modems? (Probably disguised as an add for faster internet access, ha ha.) Similar story, but no web sites to chase. (HOW MANY new viruses per day? HOW MANY authors actually caught?)

    Whack-a-mole will only work for a little while.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
    1. Re:So what happens when ... by zaffir · · Score: 2

      Uncapping is a little more complicated than just running an application and having it magically do everything for you.

      First off, not all modems are vulnerable - i believe that only ones using the docsys setup from CISCO are.

      If the modem is vulnerable, you need to retrieve its configuration file, decrypt, modify, encrypt, and then (here's the hardest part from a coding perspective) fake like you're the modem's tftp server it gets its config files from. This involves unplugging the modem from the coax, and cycling its power. Last i checked you can't do that with code.

      --
      "Upon attaching the waterblock to my penis, I began to notice that I know nothing about computers." -- JRockway
  104. Re:Contact the FBI. No, Seriously by civilizedINTENSITY · · Score: 2

    Yeah but wasn't JFK president then? I don't think the W is going to be interested in civil rights cases so much as coporate rights cases. Different perspective.

  105. What if you own your own cable modem? by officeboy · · Score: 1

    Can't you do what you want with your own things, especially if they are on your property? Who is this ISP that they can break and enter into your computer system(s) and put some configuration file in there? This has always confused me. What if the cable modem that was being used wasn't able to accept a reprogramming packet from the cable company? Would it still be theft, even if the user had never done anything?
    I think this whole thing is way out of line, and I also think that it is our right to uncap or modify our own equipment anyway we want to. Who is anyone else to say what we can and can't do with our equipment? There is a reason that no other service lets the customer have control over the metering equipment. Water, power, gas, they all own their meters. Why does the cable company think they can charge you for a meter(modem) and yet not let you have control over it? Just imagine what would happen if you could supply your own water meter.

    I think until cable company's can limit bandwidth based on the connection and IP, then they just need to suck it up. Because no one is gona tell me what I can and can't do with my own cable modem.

    In fact this is a great idea. I'll be heading over to Costco this weekend to pickup a cable modem (I rent now from the great and mighty at&t) figure out how to do this hax0r thingy and then i'll call my laywer.

    1. Re:What if you own your own cable modem? by Anonymous Coward · · Score: 0

      Listen, stealing is stealing. Some people in this country seem to have the attitude that their free to do just about whatever they want, as long as they don't kill anybody.

      Fact is, your stealing. Is the cable service not fast enough for you? Then don't use it! Get a faster service provider, or contact AT&T and see if they offer faster solutions.

      Simply put, its a service. If your not sasisfied with the service, then don't use it!

    2. Re:What if you own your own cable modem? by officeboy · · Score: 1

      Where do you get off calling this stealing?
      There is nothing in the TOS, or the Acceptable Use Policy about speeds.

      If they don't have a contract saying how much you can have, why can't you take more then they give?

      Stop being a little fed-boy sheep, and think for yourself a bit. It's not stealing if they took something that wasn't forbidden in the contract.

      If I offer to feed your cows for $40 a week, would you be stealing if you got more cows then you had when we first made the agreement, or if your cows ate more then the average cow?

      What is the deal with these "stealing is stealing lets chop of your hand you anarchist bastard". Just because it's bandwidth, mp3, divx does not make it illegal or theft.

    3. Re:What if you own your own cable modem? by buck_wild · · Score: 1

      Imagine going to the grocery store and buying 15 items...and using every single lane at the same time to make your purchase.

      It's not expressly forbidden, but you'll have a lot of pissed off people behind you in line.

      So maybe you're right, actually. Unless you begin thinking of everyone else on your cable internet segment, and the bandwidth that they're unable to get because you're hogging it.

      --
      If all you have is a hammer, everything looks like a nail.
  106. DUH by Wintermane · · Score: 1

    You know if you hacked a parking meter to get more time you go to jail.. if you hack your lectric metere so you can get more juice without paying you go to jail. If you hack any number of things to get more without paying you go to jail. Well chuckle heads bandwidth is anouther. Its stealing and yes even s small stealing can get you in big trouble if your in bad enough luck to do it was the police do a big roundup. Just as with small time drug dealers, small time shop lifters, small time credit card defrauders. If you pick the wrong time your hosed. And now is the wrong time. Did you expect otherwise with the bussiness going south for so many and them trying to cull the less... profitable users from thier systsms? I had this same trype come up over cable tv and pay phones and credit cards.... each time people learned not to screw around because yes it costs big bucks and yes you can and will go to jail if your unlucky. Oh my its sooo unfair its soo uncalled for its soo nasty all you were doing was stealing hundreds of friggen dollars worth of bandwidth per month! Nitwits. I swear some times its a white trash country.

    1. Re:DUH by Anonymous Coward · · Score: 0

      Put the crack pipe down, put your hands up, and back away slowly from the keyboard.

  107. Re:Contact the FBI. No, Seriously by Pilferer · · Score: 1

    I'm sorry, did you read the story?

    In conjunction with the FBI, 17 Buckeye cable users were served warrants, seven of whom had their possessions taken, face fifth-degree felony charges...

    This was the FBI, not the local police. That's why this is overkill.

  108. Re:umm You must be referring to..... by Anonymous Coward · · Score: 0

    The concept of the punishment fitting the crime.
    Boy uncaps cable modem.
    Police arrive with a warrant.
    Not only the boys computer is taken but ALL computers in the house are confiscated. ALL software is confiscated. Dad has an MSDN subscription, $2500 bucks, its all taken.
    Cable service is cancelled.
    ---
    Punishment fitting the crime???
    I don't think so.

  109. knock, knock by becktabs · · Score: 1

    toledoblade.com story
    Bart Beavers, a member of the task force based out of the FBI office in Toledo, said search warrants obtained for six other residences were not served because the occupants were not home or for various other reasons.

    they need to update their uncapping how-to and add at the very end :

    if guys in suits show up at your residence, do NOT answer the door.

  110. The Blocks by wytcld · · Score: 2

    I knew the Block twins in middle school. They would tell their classmates about how they liked to put their pet mice in toy rockets and send them up. Of course, they didn't land too well. So if they had a hand in bring the FBI in on this, it wouldn't be their first sadistic act. There was a funny article a couple years back in the New York Observer about how one of the twins (think it was Paul - who I've heard is in charge of the Internet operation while Alan runs the Tolede Blade newspaper) has spent years commuting back and forth between Toledo and New York because he believes he has a better chance of finding a woman to love him here. The angle of the article was that despite being worth northwards of $100 million, he hadn't found one as of date of publication. If he's as awkward and unlikeable as an adult as he was as a kid, that's no surprise.

    --
    "with their freedom lost all virtue lose" - Milton
    1. Re:The Blocks by tigris · · Score: 1

      Thanks for mentioning that article. If anyone else is interested, you can read it here:

      http://www.observer.com/pages/story.asp?ID=1486

      Thank goodness I don't live in Toledo anymore so I can avoid giving this numbwit and his family any of my hardearned cash.

      -tig

  111. Corruption in law enforcement by Featureless · · Score: 3, Insightful

    It seems to me there are two important facts in this case:

    First, that a powerful family is able to call in favors from the FBI and others in local law enforcement. Particularly stunning are the details of the unequal treatment of offenders (i.e. George Runner).

    In a free, democratic society, those in government would have someone to answer to if among tens of thousands of people who committed the same crime, many were given wildly different responses depending on their background (i.e. ethnicity, religion, relationship to wealthy families).

    Second, and this is something I hear a lot about lately, that the FBI is apparently empowered to s ieze property practically at random (his Windows CD's?) and hang on to it indefinitely (i.e. Wirtz's possessions "may never be returned"?).

    In a free and democratic society, there is oversight regarding what law enforcement officers can take away from you - they have to have a legitimate reason for every article taken, and they absolutely have to return it promptly after their need is concluded.

    1. Re:Corruption in law enforcement by Reziac · · Score: 2

      Welcome to the Old Boy network. Yes, that's how it works in many areas, notably the farm midwest. Favour for favour, and if you aren't in the loop you can find yourself with no rights.

      It's not right or fair and it's often illegal, but it's political reality. :(

      --
      ~REZ~ #43301. Who'd fake being me anyway?
  112. Re:Hello, police state by sholden · · Score: 1

    Personally, I'd rather have stupid car destroying environmental regulations which will quickly be reversed when the other guy wins next time.

    Over a police state which the other guy who wins next time will only increase.

    But I don't vote in American elections (though my wife could, I guess...). I do however live in a state whose premiere said the other day:

    If you've got a website with a photo of Osama bin Laden you ought to be subject to surveillance. - Bob Carr, Premiere of NSW, Australia

    So I have some experience with this police state business...

  113. Rape/Spousal Abuse by Anonymous Coward · · Score: 0

    Hmm... husband or boyfriend beats you up or rapes you? Don't bother filing a complaint with the cops. UNCAP HIS MODEM AND WATCH THE COPS COME RUNNING!

  114. Bandwidth Barons in the 21st Century by front · · Score: 1

    The article makes this point:

    "The Block family is the Rupert Murdoch of Toledo, Ohio. The company controls several major area newspapers (including The Toledo Blade), one of the area's television stations (TV5 Toledo), a dial up provider, Buckeye Cable, and much more. As such, their control over the political system in the area is considerable, a fact that may under-ride the horrifying journey several individuals are taking through the area's legal gauntlet because they uncapped their cable modems."

    I quote at length as this is very important. To be described as the "Murdoch" of anything means, to me, that you are a despot. A despot rules without any regard of their subjects.

    The quotation mentions that because the Block family has it's fingers in various media pies that it is active politically. That may be stating the obvious but look deeper.

    Media control increasingly means people control in the USA. Don't even bother to argue against that point.

    The Block family may have sat down at their Thanksgiving dinner a few years back and looked at a strategy for gaining more control in Ohio. One of them, probably the brightest one, decided that the family should look at the "new media" or the "information highway" as a means to directly pipe their influence into homes of the people.

    They spend a rake of money setting up their venture... and along come the criminals to thwart their carefully laid plans. It does not matter what the criminals did... they went against the Block agenda.

    A few favours were called in, the word "hacker" (and even maybe "cyber-terrorist") was used and the local FBI Director agreed with the family... in went the Armed Agents...

    The Block family are going to get away with this. Maybe a comparison could be drawn with the railway baron "families" and oil baron "families" of the nineteenth and twentieth centuries. Now we have the "bandwidth barons"...

    Just in case you think I'm sqawking conspiracy theories here take a read of the last paragraph in the article:

    "When the Block family first came to Toledo, Paul Block was rumored to have said he was going to "rip down Toledo and rebuild it in his image"."

    Citizane Kane anyone?

    cheers

    front

  115. Amen. by dnoyeb · · Score: 1, Flamebait

    Amen.

    1. Re:Amen. by st+lietuva · · Score: 1

      Yes I know my enemies
      They're the teachers who taught me to fight me
      Compromise, conformity, assimilation, submission
      Ignorance, hypocrisy, brutality, the elite
      All of which are American dreams (8 times)

      --
      When was the last time your *REALLY* sat down to read the US Constitution?
  116. You shitting me? by Anonymous Coward · · Score: 0

    NZ Internet sucks ass!

    DEATH TO TELECOM! I want broadband you bastards! not 128kbs for $50USD a month!

  117. DRM developer by prisen · · Score: 1

    Brandon Wirtz, who operates more than one business out of his home, was on the verge of releasing a Smartcard based DRM solution for Windows Media Player to several different companies before his life was turned upside-down.

    Not saying I agree with the whole DRM thing..but it sounds like a good alibi to me..especially in the eyes of his ISP..

    1. Re:DRM developer by Anonymous Coward · · Score: 0

      Listen, he was stealing! Its wrong! If he wanted a load of bandwith, then he should of worked something out with the ISP, gotten a frame relay, or worked out another solution!

      If I rob a bank, invent the cure for cancer, and do some arsen, I still go to jail!

  118. Who the hell is Cowboy Neal? by Anonymous Coward · · Score: 0

    You know. .. I always see stuff about Cowboy Neal. Who is this guy and why should we care? He seems pretty popular though..... is it because he is a cowboy?

  119. Kill them all by Anonymous Coward · · Score: 0

    Moneygrubbing pigs. They're a barrier to the progress of the human race. Put a bullet in their head and paint the wall with their brains.

    Exercise your second amendment rights - Shoot a corrupt cop.

    Fuck pigs and their families. Rot in hell.

    1. Re:Kill them all by Anonymous Coward · · Score: 0

      Wow... you are angry.

  120. Re:Contact the FBI. No, Seriously ((((((0((((((0 by Anonymous Coward · · Score: 0

    What you fucking idiots don't seem to understand is that the us is a country of laws, and not of men. The people in office have to uphold the laws as they are written.

  121. Headache? by dr00g911 · · Score: 1

    This is what is referred to as "curing a headache via decapitation."

    The problem I've got with it is that if this is a "cyber crime" (per the CSEA and other nasty legislation of recent years) does that put any petty crime dealing with any type of "wired" equipment and put it in Federal hands punishable by the maximum extent of federal law?

    Meaning if I forget to pay my ISP bill, being peripherally linked to things "cyber" (whatever the fuck that means) is it suddenly a felony?

    What if I enter a false email address when signing up for some sort of service to avoid spam?

    I'm dumbfounded by the fact that corporations can call in jack booted thugs to do their dirty work -- LEGALLY -- in our present climate.

    I'm also dumbfounded by the fact that I know several people in a particular part of my city who are incapable of achieving over 2k per second, up or down, from their cable modems.

    AT&T Broadband has claimed that it's an "engineering problem"

    However, one of my friends in that area temporarily uncapped his modem and -- presto! -- he had enough bandwidth to play SOCOM on his shiny new PS2 network adapter. On the service that he's been paying $45 per month for and hasn't had proper usage of until then.

    This strangely parallels one of the stories in the article. Except the Feds haven't come for my friend. Yet.

    1. Re:Headache? by Anonymous Coward · · Score: 0

      Listen! He's stealing! If the service isn't up to par, DON'T USE IT! Get DSL, Get a frame relay, get dialup.

      LACK OF QUALITY DOES NOT JUSIFY THEFT!

      If I walk into Best Buy, and I felt the cd-player I bought last week was crap, that doesn't mean I can go steal some headphones to go along with it!

    2. Re:Headache? by dr00g911 · · Score: 3, Interesting
      If I walk into Best Buy, and I felt the cd-player I bought last week was crap, that doesn't mean I can go steal some headphones to go along with it!


      Actually, that analogy is skewed.

      It's more like you bought a CD player at Best Buy, it was broken, they wouldn't take it back, they wouldn't refund your money and the only thing you had to do to get it working properly is break a "no user serviceable parts" seal and reseat a connector. Then the thugs burst through your door and charge you with an EULA violation.

      In my opinion, not offering a refund after 3 months of completely unuseable service without a fix in sight is theft.

      For the record, that part of town is too far from the CO for DSL, and the PS2 won't work with Satellite, dialup is too slow for the game in question and ATTBI is a legal monopoly in the area. As is Bellsouth, as every DSL provider resells their service and is dependent on Bell's infrastructure and engineers to get up off their lazy asses to actually bring a house live within 6 months of an order.

      He *is* looking in to cellular broadband right now, however, as that's being beta tested in our area. 500ms ping doesn't look too good for fragging, though.

      Of course he could sell his house and move 6 blocks closer to the CO so he's in a DSL-supported area, but that's overkill -- ain't it?
  122. I Use Buckeye by Anonymous Coward · · Score: 0

    I use buckeye express and while it is a decent service. SBC Ameritech can expect my business after this crap.

  123. Penalties for defrauding the FBI? by iabervon · · Score: 3, Insightful

    So the FBI only gets involved if there's 250k lost. The ISP "estimated" just about exactly that for 23 people. The FBI turns up and finds nothing at 6 of the places, and they don't get indictments of 10 more. So the ISP seems to have actually lost at most 77k, and they fraudulently claimed be a substantial margin to have lost enough to warrant FBI help.

    Claiming that you've lost a lot of money when you've in fact failed to be paid a lot of money for services you accidentally provided beyond your contract is inherently somewhat suspect, and you should be in serious danger of legal action against you if you turn out not to have been due as much as you claimed.

  124. Breaking News: Osama strolls down 5th Ave by Anonymous Coward · · Score: 0

    ...mean while FBI busting thirteen year old cable modem uncappers.

    1. Re:Breaking News: Osama strolls down 5th Ave by SuperMario666 · · Score: 1

      Breaking News: Area troll again overcompensating for small member.

  125. Re:how was this overkill? by Anonymous Coward · · Score: 0

    Oh, bugger off, you anal-retentive little dork.

  126. FBI == Stasi by Marijuana+al-Shehi · · Score: 0, Troll

    Never forget.

    --
    "I think all foreigners should stop interfering in the internal affairs of Iraq"
    -- Paul Wolfowitz, 7/21/2003
  127. This is the way it is. by Anonymous Coward · · Score: 0

    Listen, you the consumer pay for the level of service you receive. If the level of service isn't satisfactory, then DON'T USE THE SERVICE PROVIDER! Nobody is forcing you to use their service. If you don't like it, don't use it!

    Some people seem to have the attitude that its just "extra" bandwidth, floating around that nobody is using. This is ludicrous! If I start stealing the "extra" electricity off the line to power my shop equipment (Which takes a lot of power!), I'll get sent to jail! If I claim that the electricity being providing at that moment wasn't in use, or was being wasted, the police would laugh at me!

    The ISP deserves every cent they get for providing the consumer with the monthly service. This is no different then the electric company, or any other service provider. If you take more then what your paying for, then your stealing!

    Fact: The cost of providing high bandwidth solutions to most cable companies are immense. If you the consumer have a desire to have a minimal bandwidth service, then you will have to pay for that! Obviously its not cheap, or every kid would have a T1 running into his house.

    Fact: Virtually all telcos United States offer a frame relay based connection with just about as much bandwidth as you want, provided you can pay for it. Don't want to pay for it? Fine, but don't attempt justify your theft by becoming a "victim" of a "lack of minimal service", etc.

    1. Re:This is the way it is. by brxndxn · · Score: 1

      You are a total idiot or fucking broadband provider.

      I am FORCED to use COX Communications for my service provider. I have NO OTHER OPTION unless I want to declare my home a business. Also, for Cable I am forced once again to use Cox.

      They offer no other increases in bandwidth in my area. They even block channels I pay for during the UF Gator games so they can offer the Gator games on pay per view.

      If I steal some bandwidth from them, it's not the jurisdiction of the god damn fucking FBI to enforce it.

      Otherwise I should be able to call the FBI in to seize Cox' equipment when they block channels and sell them to me twice during the Gator games. Hrm. I think I'll just call the FBI right now... What is it again? 1-800-.. I forget.

      --
      --- We need more Ron Paul!
  128. buckeye's illconfigured network by Anonymous Coward · · Score: 1, Insightful

    All of this fuss would have been prevented if the cable company rate limited their customers on a router 1 or 2 hops downstream. They might be able to uncap their modem still, but the distribution layer router would limit things before they passed on to the core router.

  129. The problem with today's society... by bmetzler · · Score: 1, Flamebait
    Is that no one accepts responsibility for what they do.

    These people violated the contact they agreed to. I support every action taken against them. Perhaps if we'd hold more people accountable for their actions this world would be a much better place to live in today.

    -Brent
  130. Re:Petty thief? Maybe. by ShinmaWa · · Score: 1

    On average, each uncapper allegedly stole bandwidth equaling $11K.

    Well, that's really the crux of it, isn't it.

    1. Come up with some value of the theft ($250,000 is claimed)
    2. Distribute that amount equally amoung all guilty parties (who were NOT working as a team and probably had no knowledge each other)
    3. Then get the FBI involved to dragnet them all at once.

    So therefore, person who stole $250 worth of bandwidth was to be raided just as like the person who stole $50,000 worth.

    If the ISP went to FBI for each one individually, the FBI would not have looked at this at all -- Too petty for their interest.

    That is just ridiculous. If I owned a big department store, I might possibly have over $250,000 worth of shoplifting losses per year. However, if I went to the FBI and said, "A bunch of people stole from me this year, and cost me a quarter mil and I happen to know who they all are! Get them all!" How hard do you think they'd laugh at me?

    You can't determine the severity of a crime by averaging it out with OTHER people's crimes.

    --
    The /. Effect: Thousands of users simultaneously accessing a site to not read its content.
  131. Waste of resources. by Nogami_Saeko · · Score: 2

    I feel for the American public - the next time some terrorist attack happens, won't everyone feel wonderful that instead of working to prevent a real threat to the country, the FBI is hard at work persecuting people who have stolen bandwidth.

    I don't blame the FBI, I rather suspect that once an official complaint is filed, their hands are tied and they must investigate no matter how mentally-challenged that complaint is.

    It's a wonder the FBI isn't called out every time someone bypasses their power meter or water main too! Maybe it's time to call them if someone is watering their flowers during a drought.

    --
    "Nothing strengthens authority so much as silence." - Charles de Gaulle
  132. Re:Contact the FBI. No, Seriously by inburito · · Score: 1

    Maybe because it is technically a wire fraud which by definition is a federal offense. Hence by jurisdiction this is fbi's case.

  133. Where is... by Anonymous Coward · · Score: 0

    Where's Wakko Warner when you need a good old fashioned post saying "what's the issue here? A man commits a crime and gets punished for it. Seems like a pretty open and shut case to me." ?

  134. Das Vaterland by MacAndrew · · Score: 3, Insightful

    That was Adoph Hitler, writing about creation of the Gestapo in Nazi Germany.

    Your point being? :)

    I'm critical of invoking the Nazis as a metaphor for every excess of government, but in truth the immediate choice of the words "homeland security" made me squirm. It's much like his dad's "New World Order." I don't know if there's any awareness of the echoes of the past. Those who did not study the past are doomed to quote it?

    There is nothing wrong with Germans, which is precisely why we need to take seriously their example of nationalism turned ugly. As in the McCarthy experience, we have seen these things get away from us before.

    Many of those who voted for or supported the bill have good intentions. Hell is paved with these.

    1. Re:Das Vaterland by slickwillie · · Score: 2

      My point?

      How about this: The Bush administration has no qualms about stepping on the graves of the 9/11 victims to push their agenda, which includes all the sweetheart deals in the Homeland Security Act for big campaign contributors, like Eli Lilly.

      BTW, I stole the Hitler reference from this article.

    2. Re:Das Vaterland by MacAndrew · · Score: 1

      My point? Sarcasm.

      I do hate what's going on. But save the Hitler references for the major league -- this guy doesn't have what it takes (thank god). President Bush is just not that good, er, bad.

      I personally thought the pharmaceutical handout was comforting -- for once something outside of oil and gas from this administration. I suppose a tenuous connection could be drawn from liability exemption for vaccines back to the war we may fight home and abroad to make the world safe to pump cheap oil.

      I also look in wonderment at the "opposition" party -- surely there's some grist for debate here?

    3. Re:Das Vaterland by illtud · · Score: 2, Interesting

      I'm critical of invoking the Nazis as a metaphor for every excess of government, but in truth the immediate choice of the words "homeland security" made me squirm. It's much like his dad's "New World Order." I don't know if there's any awareness of the echoes of the past. Those who did not study the past are doomed to quote it?


      Hmm. I wonder if this has anything to do with Grandfather Bush's financing the nazis before WW2?

      This bit is good:


      In 1933 shortly after Hitler took power, an agreement reached in Berlin designated Harriman International Co., headed by Averell Harriman's cousin Oliver, the sole agent for exports from Germany to the U.S. A key participant in the negotiations was John Foster Dulles, who with his brother was a lawyer for the Bush and Harriman families. John Foster Dulles later became Secretary of State, and a leader in the Republican Party. His brother Allan became head of the CIA, helped Prescott Bush in his campaign for Senate from Connecticut, and presumably assisted George H.W. Bush when he headed the CIA himself.

    4. Re:Das Vaterland by Rakarra · · Score: 2
      I do hate what's going on. But save the Hitler references for the major league -- this guy doesn't have what it takes (thank god). President Bush is just not that good, er, bad.

      President Bush may not be, but I'm more scared of the supporters in high places, the people who give them advice.

  135. Competition by terrab0t · · Score: 1

    I did a search for this word and it didn't show up anywhere on the page, so I'm wondering if anyone has looked into this solution the the overprofiteering broadband problem? This is the way a free market is supposed to balance itself afterall.

    The one cheap alternative I believe I saw mentioned here before was that of the Co-Op Broadband ISP. I don't know what the Slashdot community could do to promote these smaller, non-profit operations other than to look for them in your area, so I suggest we all do this.

    I don't know if it's entirely possible to cut profits and beat the big company's service, but these are probably the only ones trying.

  136. I think I like my DSL. by Anonymous Coward · · Score: 0

    I can upload over too gigs a day everyday without anyone pointing a gun at me.

  137. Re:how was this overkill? by Anonymous Coward · · Score: 0

    This is in NO way FLAMEBAIT. Mod up.

  138. There is one word that dignifies this poster by He+Was+Gamecubed · · Score: 1

    moron

    1. Re:There is one word that dignifies this poster by garcia · · Score: 1, Flamebait

      and what makes you say that? You think that people who uncap their modem cfg files aren't breaking the law? They aren't stealing service?

      Are you seriously saying that you don't care that someone else would be taking ALL the bandwith that you MIGHT possibly have? If someone is taking a 10mbit pipe and you are only supposed to have 1.5mbs there are 7 other people that are out of luck b/c of one person.

      Get real, moron.

  139. Really? by MacAndrew · · Score: 2

    Ineffective? Don't you think most people who hear about this will think twice about tweaking their modems? The provider and, more so, the FBI response is disproportionate, but it is wrongful to steal regardless of whether it is easy or hard to pull off. I don't understand why so many think it's a defense to a crime to blame the victim.

    Many, may people think, for example, that if an ATM gives you an extra $20, it's OK to keep it. No, actually it is theft; you're not necessarily obligated to return the money, but you don't get to keep it either (or give it away). You can try to justify stealing, you can criticize the victim, but you can not trivialize away the crime no matter how stupid the victim is. The crook would never get a defense like this in court, regardless of whether it was theft, rape, or murder.

    I suggest that what's really going on here is an attempt to rationalize a crime viewed as petty. But don't toss out the criminal law to do it.

    1. Re:Really? by guibaby · · Score: 0


      This happened to me once. I tried to be honest and called the bank. They thought I was a freakin looney. They didn't have anyway to deal with me returning the the money. Yeah I spent it. Guess I'm going to jail and hell.

      --
      Historically, the claim of consensus has been the first refuge of scoundrels.
    2. Re:Really? by MacAndrew · · Score: 2

      No, you don't have to force them to take it. Under the circumstances consider it a gift. You didn't commit a crime and are more honest than 95% of the people out there who would've just pocketed it -- the proof is the bank's reaction!

      But you have to look at the big picture: you may be going to jail and hell anyway. ;-)

    3. Re:Really? by PhipleTroenix · · Score: 1

      I take it you've never driven even 1 mph over the speed limit.

      You're an inspiration to the rest of us.

      --
      When VPNs are outlawed, only outlaws have VPNs.
    4. Re:Really? by Anonymous Coward · · Score: 0

      I certainly would think twice. Very effective deterrent.

      Moral of the story is, keep backups of all your really important, business-critical files, and store them in a safety-deposit box at a bank, or in some other secure location. You never can be too careful if you choose to break the law.

    5. Re:Really? by MacAndrew · · Score: 2

      You're an inspiration to the rest of us.

      Thank you!

      I was clear that the question is not my perfection (which is umatched), but the distinction between something being illegal and trivial, and being legal. Driving over the speed limit by 1 MPH is illegal no matter how trivial it is, and your negligence or a miscalibrated speedometer or a broken cruise control are not defenses. Stealing bandwidth is considerably less innocent behavior, though no capital crime.

      I believe that rationalizing crimes is a risky business. If you break the law be honest about it, with yourself at least, even if this is damaging to your self-perception.

  140. New Job for Firewalls? by Dr.+Mu · · Score: 1
    Wirtz and his roommate lost at least 8 PC's total, even those who were behind firewalls and incapable of benefitting from the uncapped modem.

    Say what? I don't know what firewall they were using, but mine didn't come configured with a speed limit.

  141. How Much is $250,000 in band width by phpsocialclub · · Score: 1

    I was trying to figure out how much bandwidth would cost this much. I found a couple of good comments on a toledo newspaper site Bandwidth could not have cost $250,000 !! According to the article, 13 homes (23 machines) consumed so much bandwidth that it cost the ISP 1/4 million dollars. That's gotta be the biggest load of ******** I've heard in a long time. If each contributed equally, that's $19230 each in bandwidth. $19k buys a lot of bandwitdh... much more than a single home could potentially use, even over many months. For example, this budgetary pricing for Verio [boardwatch.com] (a backbone provider) shows that the monthly charge for a 155 Mbit/sec OC-3 line is somewhere around $44k per month. For that 13 users to have consumed $250k of bandwidth over a period of one year, the "bandwidth cost" would have been equivilant to using one half of a 155 Mbps/sec OC-3 line. Even if all 13 contributed equally, I doubt each of them sustained a 5.7 Mbit/sec stream of data for a whole year! Cable service can rarely run at this speed, and many small groups of houses (like mine) are connected by a 1.2 Mbit/sec line (I saw the At&T tech when he was installing our neighborhood's hub a few months ago). If you consider the "theft" to have occured from February (when "cable officials" claim they first became aware of the situation) until today, that's just 5 months for a "loss" of $50,000 dollars worth of bandwidth each month... equivilant to just 13 users consuming the entire bandwitdh of an OC-3! I also found this if you actually used a oc-3 at full speed for 5 months you would be able to download approx. 193 tera bytes of data They were on this site - http://www.toledoblade.com/apps/pbcs.dll/news_mess age?Category=NEWS03&ThemeID=1&GroupID=30&InReplyTo =18964

  142. tee aach ee ef tee by SuperMario666 · · Score: 1

    spells THEFT!

    How is bandwidth theft any less of a crime than say burglary or shoplifting?

    But wait, nerds shouldn't go to prison should they, that's only for those mean old street people.

  143. unplugged == no longer uncapped by LinuxHam · · Score: 2

    I want to know what they found when they tried to search the confiscated modem for evidence. Since the modems are configured by TFTP, I can't imagine that they store the configuration in non-volatile RAM during non-powered situations. As such, the instant they unplugged the modem, they should have lost all the evidence it had to offer. The real meat of the evidence will be in the TFTP server and modem config editor on the PC. Still no reason to confiscate the VCR, except to show just how unprepared the FBI is to handle computer crimes.

    --
    Intelligent Life on Earth
    1. Re:unplugged == no longer uncapped by SpitFU · · Score: 1

      Still no reason to confiscate the VCR, except to show just how unprepared the FBI is to handle computer crimes.

      Perhaps they found child pornography, law enforcement can't release information about that to the press.

      --
      reassign null to be the tape device - it's so much more economical on my time as I don't have to change tapes_BOFH
    2. Re:unplugged == no longer uncapped by LinuxHam · · Score: 2

      Perhaps they found child pornography, law enforcement can't release information about that to the press.

      Don't be so sure.

      --
      Intelligent Life on Earth
  144. Triggerhappy pieces of shit by Anonymous Coward · · Score: 0

    yeah, and they could always invest in bombs that don't kill allies too while they're at it. fucking Yankees. Note to Nazi moderators: I'll give you the names of two other trolls if you let me go.

  145. Comment removed by account_deleted · · Score: 4, Interesting

    Comment removed based on user account deletion

  146. Re:black-boots bust heads by noshellswill · · Score: 0

    yeahyeahyeah ... sounds like small-claims-court to me. Is all that any business of the black-boot Fed stormtroopers? I think not -- but the business nazis use them black-boots like mafia goons ... similar thing's been done before, mind you -- do some history: check out the strike-breaking copper tactics in the soft-coal regions during the 20s-30s ... more property crimes, eh?? Stealing lumps of coal not bandwidth. Analogous, huh ... kinda the same cultural motif, huh?? Watts/bytes, heh it's all entropy. And don't blame me, pad're when the black-boot hammer hits you I voted Buchannan.

  147. Shoot the bastards by Unregistered · · Score: 0

    If somene breaks into my house, i will shoot them. If its a cop, i will shoot them. It cops come to my house w/ a warrant i'll keep them at the door as long as i want until i'm satisfied. It's called due process.

  148. DUH indeed! by jonr · · Score: 2

    I don't know how it is in your country, but where I live, I can get all the electricity I want as long as I pay for it, and the system can handle it.
    I didn't know that electric companies put cap on electricity. "Dude, you can only use 20W/H!"
    J.

    1. Re:DUH indeed! by Wintermane · · Score: 1

      Uh I said get more electricity without paying for more. Back awhile there was a hack you could do that basicaly slowed down your meter making it read only a fourth of what you had actauly used.

  149. Ok, and could someone verify this for me? by Veovis · · Score: 2, Informative

    I called Buckeye (419-724-9800) and they said that the FCC has something to do with it, saying that uncapping cable modems causes signal leaks and could interfere with airplanes and other communication services, should I keep laughing or should I laugh harder?

    Thats my 2 cents (enough loss from me to report it to the FBI)

    1. Re:Ok, and could someone verify this for me? by Anonymous Coward · · Score: 0

      So how about calling the FCC now?

      Since I personally have convinced 3 of my relatives in Toledo to discontinue their service with Buckey already, I'm seriously thinking about printing out this entire comment section and sending it to every politician I can think of and every lawyer that is involved. Then when I'm done with that maybe arrange for some hostility towards the Block family... maybe the Stone's too, they are screwing one of the surrounding neighborhoods (Holland, OH).

  150. huh? by Anonymous Coward · · Score: 0

    I don't mind being accused of stealing something I really stole, but when it's something I didn't touch it really pisses me off.

    That's, um, real principled of you, considering they were off by a hair. Had they been in a position to sue you, they would have had reason not to send you your check.

    Honor among thieves, I guess.

  151. Its not 250000 in just bandwidth.... by TeddyR · · Score: 2

    The ISP is probably counting the costs incurred trying to trace the problem. Exmaples.. {not from the real case}

    Example: If they had to hire an outside consultant to find the problem. {problem being that there is more bandwidth being used than the number of modems in the area can use if legally configured). If that consultant charges the average going rate of $250/hr ,at 40 hours to find it... thats 10k.

    Equipment needed to insure QOS for other customers who were complaining? [example 2 headends at $30-50k a piece]

    extra phone support /email techs needed to handle calls related to slowdowns on that segment during that time. 2 at $10/hr for 6-10 months 30-60k

    it can all add up very quickly.

    --

    --
    Time is on my side
  152. Re:Stealing is wrong, NO You are Wrong by officeboy · · Score: 1

    The TOS does not say what the system speeds are. Can't break rules that don't exist.

  153. Virtual crime by buck_wild · · Score: 1

    What I don't get is this: How is the monetary value placed on the lost bandwidth? I could understand if it there were multiple 'plan' levels, I guess, but two things stick out in my mind. 1. Bandwidth is rarely guaranteed (especially in cable systems) so if everyone else was running slower, so what? 2. Nobody else would have been denied service, so no lost revenue there either.

    I just don't get it.

    --
    If all you have is a hammer, everything looks like a nail.
  154. You're not far off re forfeiture by MacAndrew · · Score: 2

    It's a basic principle that contraband seized (illegal drugs, guns, etc.) are never returned. An extension is that the criminal may forfeit otherwise legal property used to facilitate the crime.

    One of the more controversial forefeiture cases was a guy whose car was forfeited because he was caught getting a blow job in it from a prostitute. The idea was to make it hard for the johns to repeat their crimes, and to make the punishment hurt. The topic on appeal was actually the defendant's (ex)wife arguing it was unconstitutional to deprive her of her 50% ownership in the car; she had no knowledge of the wrongdoing. She lost.

    Another case was a California woman whose house was seized because her son was secretly growing pot in the backyard. She was innocently unaware -- not just looking the other way -- yet she lost the house. Forfeiture has been going like gangbusters for years, and some police departments have made fortunes off of it.

    Now, I believe the U.S. gov't is generally quite just by world standards (quite just is not perfect). But all the same we sometimes blow it big time, often out of fear and loathing of "criminals." I wouldn't vote libertarian because they tend to deny the government's affirmative obligation to protect individual rights; they are compatible with the ACLU only insofar as they advocate a gov't "hand off" approach to social values and privacy. Here, "civil libertarian" is closer to the mark.

    But whatever your values, forfeiture needs to be reined in. (A related problem is that criminals are assessed income taxes on their illegal income but are not allowed to claim deductions. So if you bought $99 worth of drugs and sold it for $100, you would owe taxes on the $100, besides being a drug dealer with a ridiculous sense of profit margins.)

  155. Re:Not Well Written! by buss_error · · Score: 2
    Lets be real people.

    So you'd be ok with the FBI trashing your house for a little matter of not paying your power bill?
    The crime committed here is simple theft of services. Never mind the fancy dancy legal jargon, it's a smoke screen.(IANAL)

    Why does it have to be gun totin', badge weilding, cuff-em-and-stuff-em action? Do these people strike you as the dangerous type? Must they be subdued under threat of their life? Why?

    --
    Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.
  156. Re:Contact the FBI. No, Seriously by buck_wild · · Score: 1

    What fraud was allegedly committed?

    And wouldn't said wire fraud have to extend over state lines prior to federal agents being involved?

    --
    If all you have is a hammer, everything looks like a nail.
  157. What a title by scrod · · Score: 1
    Uncappers getting shafted


    Perhaps they should've left their butt-plugs in?
  158. Bill of rights by pcjunky · · Score: 2, Informative

    Amendment V
    No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

  159. Nice sig... by Anonymous Coward · · Score: 0

    But since I don't like people who abuse meta-moderation, I will mod any post of yours down.

  160. The real question is... by eWarz · · Score: 0

    The real question is could comcast pull this off? I mean I called them up on the phone and ordered service. I had my own cable modem, I didn't install their software, therefore I NEVER AGREED TO ANY TERMS OR SIGNED ANY CONTRACTS. They never told me 'to order/use this service you must agree to our terms' either.

  161. Comment removed by account_deleted · · Score: 2

    Comment removed based on user account deletion

  162. Power? by cosyne · · Score: 4, Interesting

    There's absolutely no excuse for this. If i tapped into the electric lines coming into my house and hooked a bunch of equipment to the line before it went to the meter, i don't think the FBI would show up with search warrants. I'd probably get my service cut off, and the electric company would ask for a lot of money before reconnecting it. Or if you live near power lines and run a loop under them to pick up power- they're not going to do much more than tell you to stop. Same thing if i tapped into the watermain without paying. They're railroading these people.

    I'm tempted to order cable internet just so i can let the guy show up, balk at the draconian contract, and tell him to shove it. Luckily i don't have that much time.

    1. Re:Power? by Anonymous Coward · · Score: 0

      Or better yet, change the contract before accepting. I have in my drawer here a housing contract that I made alterations to (legally). I turned it in and received a xeroxed copy with the manager's signature on it. I had removed references to whole documents ("The following are included by reference: blah blah blah" type stuff), changed dates and dollar figures, etc. Granted, most of what I changed had been verbally promised to me anyway and in my state verbal contracts are legally binding, but I doubt anyone noticed. I think I'll try for more next year. At worst, they'll refuse the contract and I'll have to live elsewhere or accept their terms verbatim.

  163. Re:Contact the FBI. No, Seriously by inburito · · Score: 2

    IANAL, but
    18 USC 1343, makes it a Federal crime or offense for anyone to use interstate wire communications facilities in carrying out a scheme to defraud.

    Since bidirectional cable networks are commonly used for transmission of network data in- and interstate pretty it is pretty much guaranteed that it falls under this criterium. From a legal standpoint it doesn't really matter if the fraud actually took place across state lines, just that a facility suitable for this purpose was used.

    However, due to the rather global nature of internet it is highly unlikely that anyone using such a scheme would actually not invoke interstate (never mind intercontinental) communications. Thus pretty much making a waterproof case.

  164. This is a repeat... by skookum · · Score: 1
  165. Maybe deeper than it looks by BitHive · · Score: 2

    Sometimes, when someone is under investigation, law enforcement will arrest them for something minor like a traffic violation, tax evasion, or, in this case, "theft of service". Just because the news media doesn't have all the facts doesn't mean it's as simple as it looks.

    1. Re:Maybe deeper than it looks by vonoech · · Score: 1

      Careful BitHive,

      I think that some sppoks were just reading your message and doing a reverse lookup of your IP. In fact, they probably alrady have you under surviellance. Make sure your monitor is pointed away from the window and put a hot dog on top of it. If you notice that the hot dog is sizzling then they have their microwaves focused on you. Run for it!!! ;-)

      Have a nice day in spookville!

      --
      "I'll be better when I'm older"
  166. The truth about the ACLU (was Re:What's next?) by Anonymous Coward · · Score: 0

    yamcha666 said:

    >the ACLU, and any organization who's goal is to
    >preserve American's rights given to us by our
    >Founding Fathers.

    If that is what you think the ACLU stands for,
    then you have another think coming! For a
    detailed description of the true ACLU you can
    read the excellent book "Trial and Error: The
    American Civil Liberties Union and Its impact
    on Your family" by George Grant. The ACLU
    supports: Legalization of child pornography,
    Legalization of drugs, Tax exemption for satanists, Legalization of prostitution, Abortion
    on demand, Mandatory sex education, Busing,
    Ideological testing for court appointees,
    Automatic entitled probation, Public demonstrations
    for Nazis and communists, and Legalization of
    polygamy. I doubt the founding fathers would
    approve of any of those things.

    The ACLU was founded in 1917 by Roger Baldwin, who
    said "We are for Socialism, disarmament, and
    ultimately for abolishing the state itself as an
    instrument of violence and compulsion. We seek
    the social ownership of property, the abolition
    of the propertied class, and the sole control of
    those who produce wealth. Communism is the goal."
    Many other ACLU founding members went on to lead
    the Communist Party USA. To this day, ACLU board
    members read like a Who's Who of the American Left!

    The ACLU (All Communists Love Us, or American
    Criminal Lawyers Union) is still staffed by
    communists and socialists who work almost
    exclusively on the left or extreme left side
    of the political spectrum, but occasionaly take
    a case on the right or extreme right side just
    to create the illusion of moderation (ie, the
    Nazi's march through Skokie, Illinois, years ago).
    You have been fooled, but you were not alone.
    Read the book! And FYI, the left always name
    their groups that way (like People for the
    American Way, etc.) Know what you are getting into!

    And America's rights were not given to us by
    our founding fathers! The founding fathers
    themselves recognized that those rights were
    given to us by God. It amazes me how ignorant
    of American history and current events you are!
    Have you even bothered to read the founding
    documents? I seriously doubt it! Please try.

    1. Re:The truth about the ACLU (was Re:What's next?) by EzInKy · · Score: 2

      The founding fathers themselves recognized that those rights were given to us by God.

      Thank goodness they also recognized that not everyone believed in the same God and put in the first amendment, eh?

      But, anyway, it is ironic to see someone get busted for doing exactly what he was working on to prevent.

      --
      Time is what keeps everything from happening all at once.
    2. Re:The truth about the ACLU (was Re:What's next?) by WNight · · Score: 2

      Looks like the ACLU supports what they should, equality of religion and the right of even unpopular people to exercise free speech. They probably wouldn't like Nazis any more than we do, but they'd realize that it's better than idiots get the right to speak than that people need government approval first. Most of the rest (drugs, prostitution, etc) is about letting adults decide how to live their own lives and removing "victimless crimes" from the books.

      Rights, granted by god... Uh huh, and your presents are really from Santa. Do you believe in the Easter Bunny as well?

      The ACLU may be widely supported by communists and socialists, but you might want to consider that the only agency really committed to supporting constitutional rights is supported by these people. I don't see anyone else doing it... Capitalists want to prevent comminists from speaking, communists are evidently comfortable with everyone being able to state their opinion.

  167. crime by www.sorehands.com · · Score: 2
    You have a breach of contract here. There is a difference between a breach of contract and a crime.

    1. Re:crime by reallocate · · Score: 2

      Not really. A contract is a legally binding agreement. Anyone who violates a contract is subject to legal action brought by the other parties to the contract. In this case, the cable company claims their losses are large enough to merit felony charges.

      --
      -- Slashdot: When Public Access TV Says "No"
  168. Mattel is a terrorist! by www.sorehands.com · · Score: 1
    They use fear and threats to silence free speech.

    I'm glad you like the flamethrower image as it clearly represents Mattel's position on free speech.

  169. The truth about the ACLU (wasRe:What's next?) by Zathras11 · · Score: 0, Flamebait

    Liberarians are okay, except for their stupid stance on drugs (ie, legalize it and crime will go down). The same things could be said for rape or murder (ie, legalize them and crime will go down). As for the ACLU, if you think they are the good guys then I'm afraid for your children too! For a detailed description of the true ACLU you can read the excellent book "Trial and Error: The American Civil Liberties Union and Its impact on Your family" by George Grant. The ACLU supports: Legalization of child pornography, Legalization of drugs, Tax exemption for satanists, Legalization of prostitution, Abortion on demand, Mandatory sex education, Busing, Ideological testing for court appointees, Automatic entitled probation, Public demonstrations for Nazis and communists, and Legalization of polygamy. I doubt the founding fathers would approve of any of those things. The ACLU was founded in 1917 by Roger Baldwin, who said "We are for Socialism, disarmament, and ultimately for abolishing the state itself as an instrument of violence and compulsion. We seek the social ownership of property, the abolition of the propertied class, and the sole control of those who produce wealth. Communism is the goal." Many other ACLU founding members went on to lead the Communist Party USA. To this day, ACLU board members read like a Who's Who of the American Left! The ACLU (All Communists Love Us, or American Criminal Lawyers Union) is still staffed by communists and socialists who work almost exclusively on the left or extreme left side of the political spectrum, but occasionaly take a case on the right or extreme right side just to create the illusion of moderation (ie, the Nazi's march through Skokie, Illinois, years ago). You have been fooled, but you were not alone. Read the book! And FYI, the left always name their groups that way (like People for the American Way, etc.) Know what you are getting into!

    1. Re:The truth about the ACLU (wasRe:What's next?) by Anonymous Coward · · Score: 0

      Liberarians are okay, except for their stupid stance on drugs (ie, legalize it and crime will go down). The same things could be said for rape or murder (ie, legalize them and crime will go down).

      Except that the latter directly harms someone else, while the former only harms the user. Hair-splitting, I know, but.....

      For a detailed description of the true ACLU you can read the excellent book "Trial and Error: The American Civil Liberties Union and Its impact on Your family" by George Grant.

      Spare me. Your list of "truths" (read: misreadings, overgeneralizations and guilt-by- association) would make Ann Coulter blush.

    2. Re:The truth about the ACLU (wasRe:What's next?) by Anonymous Coward · · Score: 0
      Regardless of their original intent, one thing stands clear:

      You are an idiot. I'm not going to waste any more time responding to you.

    3. Re:The truth about the ACLU (wasRe:What's next?) by Zathras11 · · Score: 0

      You can't possible prove that first statement. You know very well that drug users do harm others. Usually family and friends, but not always. Yes, when you can't counter the truth some (you) find it easier to dismiss the evidence and hope other will remain as ignorant as you. That is the true source of the power liberals have over others (ie, keeping them ignorant). Keep it up! And, FYI, I agree with your screen name. You are!

    4. Re:The truth about the ACLU (wasRe:What's next?) by Zathras11 · · Score: 0

      And when dismissing the truth doesn't work, you folks always resort to name calling. You are SO predictable! Read the book. I know it doesn't have any pictures, but it also isn't that long. Or is your mind so closed that you are not even open to the possibility that I am right?

  170. Be glad! (was Re:Kinda off topic but...) by Zathras11 · · Score: 1

    Some of you don't appreciate the freedoms you do have. Be glad you don't live in a country where they put a tire around your neck, fill it with gasoline and light it on fire (ie, necklacing). You bitch and complain and things you don't even understand. This is NOT Nazi Germany and it isn't even Castro's Cuba. We are blessed, but you would rather complain about silly things.

  171. Re:Contact the FBI. No, Seriously by istartedi · · Score: 3, Insightful

    Yes, I suppose there would be a *serious* conflict of interest in asking the FBI to investigate itself. OTOH, asking the FBI to make an inquiry as to whether or not the local government was justified in requesting their services might have value. Perhaps the Department of Justice is the better venue. As you might have gathered, IANAL. The basic point I was trying to get across is that there is recourse for this guy. Also, I'd like to point out to the "America is coming to an end" crowd that throughout the history of the US, things like this have happened and will continue to happen. Who knows, maybe Runner vs. Ashcroft will be a landmark Supreme Court decision right up there with Brown vs. Board of Education. Or maybe it would be Runner vs. Toledo. The point is, the guy has a long and important fight ahead of him, and may come out OK after all. Stay tuned for the obligatory EFF or ACLU backed legal battle.

    --
    For all intensive purposes, "whom" is no longer a word. That begs the question, "who cares"?
  172. yes, this practice has been happening for years by Anonymous Coward · · Score: 1, Insightful

    A proceeding is made directly against the property. Something like U.S. v. 1353 Elm Street, Skokie, Illinois, or U.S. v. one Oldsmobile Cutlass Supreme. When the property is found to have been used for, among other things, "the distribution of narcotics," the property is forfeited to the United States. States have their own versions of forfeiture laws. Conservative forces in Congress have been instrumental in enacting asset forfeiture laws as part of the war on drugs, and in doing so they greatly increased the ante. I guess Congress thinks taking drug dealers' houses, cars, and guns away will help . Will it? who knows. You know those ads in the classifieds that say "Cars, Trucks, boats, all starting at $50!" This is asset forfeiture in action. They hold a sheriff's sale and put the proceeds in some sort of general fund, like public education in Missouri (adopted 1990, revised 1999). The law enforcement agency doesn't get the money directly, but sometimes they have in the past, and now they are being reformed. What do you think your local police do with unclaimed property in the lost and found that's taking up space in the station? They sell it after a certain period, like 6 months. Understanding the rationale behind the law is important. Proceedings directly against property, e.g. for the collection of unpaid property taxes, have been around at least since the 1800's. Nothing unusual.

    Here, the uncappers probably violated some sort of federal wire fraud act. If they are even charged and convicted, they'll get a few months in prison. You have to understand that it's completely within the U.S. attorney's discretion in that district whether to charge them or not. Most of them will probably walk. I suspect the worst couple of offenders might be charged and "perhaps" convicted, but even then they'll get the 12 step program since there's nothing courts like more than reducing the number of bullshit cases that go through them, like this one. Yes, it sucks to have your life disrupted by such an arrest. However, this does happen every day, and it's a reminder that it could happen to any one of us at any time. The fact that few people are caught doesn't mean the feds won't crack down on those they do catch, just like any other crime. I would suggest writing to your legislators and asking them to revise the law, but unfortunately they don't give a shit about joe blow who uncapped his cable modem. As far as asset forfeiture, that issue has already been settled, and if you have issues with that, the ACLU has many interesting articles on the subject.

  173. Lock up the damn thieves by codepunk · · Score: 2, Troll

    Plain and simple I pay a premium price for 1.5 and by god if some fool is not paying and using my pipe then lock his ass up and throw away the key. Ok the FBI might have been a little over kill, but they need to pay dearly for stealing others service.

    --


    Got Code?
  174. Re:Not Well Written! by Mitreya · · Score: 2, Interesting
    This article is not well written, its vastly slanted towards law-breakers.

    Sure, it is slanted somewhat... but I have not seen an objective article in a while and, at least here, would rather see it slanted towards law-breakers when cable company.

    Not legal? It's called ILLEGAL. Uncapping your modem is ILLEGAL. "Not legal" is trying to cover it up.

    Or perhaps just trying to achieve the advertized "lightning fast unlimited speed, 100x of a modem" internet? They mentioned (in the older article) someone who got away by claiming that he was simply trying to get what was advertized.

    So the fact that there wasn't enough bandwidth makes this better? Okay? They basically modded it to use as much bandwidth as possible, to the detriment of others.

    No it does not make it ok. But it DOES point out that they must have LIED when estimating the costs/damages to get it up to 250K and involve FBI. Seriously... I have not seen 100Mbit on a LAN...

    They broke the law and must now fact the music.

    Sure. but does the term "cruel and unusual punishment" mean anything to you?? They did not steal even close to 250K worth of bandwidth.

    Passive voice. He's just a victim! Its not his fault! All his neighbors say he's a great guy!

    Judging by the article, his life was, in fact, screwed over already with more to come. Enron execs must have been executed by the same logic, right?

    Friggin' bummer. You gamble long enough and you will lose.

    The question is: what do you lose? No one says they should be exempt. but fine and service termination seems more reasonable.

    It is EXTREMELY unfair to make an EXAMPLE out of someone. This is exactly how cruel and unusual punishment occurs.

  175. let's explain that, shall we? by twitter · · Score: 5, Interesting
    The prosecutors of this case had this to say about the folks who modified their cable modem in a maner which may have violated their contract with their ISPs:

    John Weglian, chief of the special units division of the prosecutor's office, offers no apologies for Buckeye's unusually harsh treatment of the uncappers. "Cyber crime is potentially very damaging to society. We are taking a firm position on that type of criminal activity. We hope these cases will have a deterrent value, given the cost factors for the defendants in successful prosecutions."

    The cable operators claim a loss of $11,000 for each of the 23 offenders and absurdity at best as the operators had the power to kill service at anytime, if indeed such losses were occuring. The uncpping was detected and the ISP could have terminated the contract with the individuals in question and fined them the cost of the modified equipment.

    Now why is this a bother to Orwell and the authors of the US Constitution? Because it is a great step towards the end of free publishing in the US and towards the thought control of 1984. Violating a "service contract" with a monopoly ISP has been equated with serious law breaking. The same service contract includes prohibitions on running "servers" or electronic publications. Prohibiting electronic publications on a monopoly service ammounts to denial of first amendment rights to free speach. The internet is a public place, built largely from public networks on public land and supported by monopoly structures. The implication is that US citizens in the future will be felons if they attempt to express themselves in the electronic commons by runing their own news servers, email, or web servers.

    Some people can't stand any competition, but the Founding Fathers knew that that's what a free press is all about. These services are against the wishes of their monopoly ISP wich also happens to be the monopoly telco or carrier of CableTV and all other significant electronic publications in the area. From the publisher's perspective, this is a nice step towards criminalizing competing with them. Not being able to run a free press is something the Founding Fathers would not find funny at all. The first amendment to the constitution puts free speach and press in the same class as religion and free assembly - inviolate. They also debated extensivly on the evils of exclusive franchise that copyright grants and how to balance that with the good that it can do to promote the useful arts - 14 years only, thank you. They could never have imagined a world of only one large press organization, AP, five music publishers, three broadcast networks and the technological steps those entrenched intersts would take to preserve and extend their power.

    Orwell precicted such control through technology and it's ultimate results. These "untaper" federal cases combined with Paladium, are a great step towards 1984. Paladium, with its concept of "trusted computing" will assure that personal computers will spy on their owners, who can only use them to recieve official propaganda. Orwell saw it comming.

    The stage has been well set by the large publishers and you are discredited. They have issued a long string of kiddie porn arrests and news storries about the demise of music publishers. These storries have convinced the public that the free internet is responsible for the demise of popular music and an increase in child molestation. "Hackers" have been equated with child molesters, warez losers and other "pirates" and parisites. this wired story does a good job of demolishing the connection between child molestation and the internet, but the readership of Wired is nothing compared to MSNBC/Time-Warner/AOL/McDonalds/AP/Conglomoram/GE. Your neighbors may not pitty you when the FBI coyly knocks on your door. "Why esle would anyone want to have all that bandwith or run a server?" a clueless populance will ask. You have been painted as some kind of pervert that treatens the great public circus, home, harth and the whole "entertainment ifrastruture" without which the US economy would obviously colapse.

    I invite one and all to see exactly what I want to do with my internet connection. It's simple, I want to share my life with relatives that live in different states and my interests with anyone who cares. There's nothing Earth shattering here, not even bad music.

    On December 1st, my modest site will go black when my contract with Cox Cable expires. The nose has tightened slowly, every six months brought some new loss of service and increase in costs, and it is now intollerable. I'm not willing to pay $75/month to simply surf the great corporate billboard nor am I willing to give money to a company with the same contract terms and philosophy as Buckeye.

    Don't worry, I'll keep posting here on Slashdot. Now you know who twitter is.

    --

    Friends don't help friends install M$ junk.

    1. Re:let's explain that, shall we? by Zigg · · Score: 2

      Violating a "service contract" with a monopoly ISP has been equated with serious law breaking.

      In the case of stealing bandwidth, where real, quantifiable money was being lost, this does indeed constitute a serious offense. Serious enough to bring the FBI? I doubt it, unless other, much more heinous crimes were involved. It does not amount to any kind of constitutional issue, except of course the overreach of police power.

      The same service contract includes prohibitions on running "servers" or electronic publications. Prohibiting electronic publications on a monopoly service ammounts to denial of first amendment rights to free speach [sic].

      This, I agree with, and it needs to be pursued. If I'm not exceeding the bandwidth you sold me, then you should have no say over what I do with it.

    2. Re:let's explain that, shall we? by Sherloqq · · Score: 2

        • The same service contract includes prohibitions on running "servers" or electronic publications. Prohibiting electronic publications on a monopoly service ammounts to denial of first amendment rights to free speach [sic].

        This, I agree with, and it needs to be pursued. If I'm not exceeding the bandwidth you sold me, then you should have no say over what I do with it.

      Well, yes and no. I mean, on one hand your argument is reasonable, but on the other hand you've (presumably) read the contract before signing it, and thus have been aware of the restrictions being imposed on you ahead of time. I don't suppose anyone forced you to sign the contract at gunpoint. So, if you signed it, then don't complain about its terms.

      On the other hand, what's a poor soul to do when the Big Cable Company is the only one providing high speed internet service in one's neighborhood? If there's a DSL service provider in the area, see if their terms would give you more bang for teh buck, weigh that against their uptime, installation costs / time / delays, and see if it's worth the hassle. Maybe get DSL installed and working first, then cancel cable. Most DSL providers don't have such draconian rules.

      Me, I'm somewhat upset, sure. My cable provider (Cogeco) blocks traffic to ports 25 and 445 on my end, so I can neither host email nor secure web sites ("Hello, McFly, anybody home??" -- shouldn't they be blocking port 80 instead? But, let's not give them ideas here). Why am I still with them? Well, were it solely up to me, I wouldn't be. But, as it stands, signing up for cable internet "magically" enables some level of cable for free, which my wife likes and which we wouldn't have with DSL. Now, am I a thief for hooking up a TV set to a cable splitter and enjoying the "entertainment" which I haven't asked for and didn't want on my cable cable but which has been provided to me anyway? If I am, then we've got a whole 'nother boat of problems here.
      --
      Have EVDO, will travel.
    3. Re:let's explain that, shall we? by Anonymous Coward · · Score: 0
      The same service contract includes prohibitions on running "servers" or electronic publications. Prohibiting electronic publications on a monopoly service ammounts to denial of first amendment rights to free speach.


      Sorry, but I disagree.

      You have a contract with a service provider to provide you with a connection to the Internet so that you can download items off the Internet, and send pictures, upload content to websites, etc. They specifically exclude your ability to run a server on your connection.

      This is not a monopoly situation working against you. Sure, they may be the only way for you to get to the Internet, but they are not the only way for you to post content on the Internet. There are many free web hosting sites (angelfire, tripod, etc.) that allow you to put up your content.

      If your "monopoly" Internet provider should not have the right to restrict your use of their connection, what rights should they have? I think that claiming that they are squashing your first amendment right is a bit too much.
    4. Re:let's explain that, shall we? by sedmonds · · Score: 1

      There are a couple of problems with the cable operators just 'pulling the plug'. First, they run a risk of being sued for doing so. Despite the fact that there is a service contract in place, there is the very real risk of a law suit. A law suit that could cost them a lot more than 11,000$ for each of 23 subscribers.

      Second, they put themselves in a less desirable position when it comes to a civil suit to recover the value of the stolen bandwidth. A criminal conviction can go a long way in lending credibility to their position.

      Even if it was in their best interests to pull the plug, these people still commited crimes. Because of the nature of internet connections, this could very easily be an interstate crime. In this case, of course the FBI should be involved.

      And what the blue fuck does the constitution have to do with it? Did the government author the service contract the thieves violated? Is the cable company a government agency? Companies and private citizens aren't bound to constitution.

      Oh, poor consumers. Excuse me if my heart doesn't bleed for their plight. They stole, they got caught, they got arrested. The system worked here.

    5. Re:let's explain that, shall we? by foolsdragon · · Score: 1

      Quote: "And what the blue fuck does the constitution have to do with it? Did the government author the service contract the thieves violated? Is the cable company a government agency? Companies and private citizens aren't bound to constitution."

      Umm... The company operates under the laws of the land which are allowed for by the constitution. The discussion isn't about the conduct of the cable providers under the constitution, it's the construction of the laws that allow the cable providers to operate in this manner. As has been stated several times before, the issue is not whether what they did was illegal, we all agree that it was under the terms of their legally-binding contract. The issue is that the FBI used excessive means to enforce the law. There was no reason to seize all that equipment or detain anyone. Cancel their contract, fine them and put the fear of god (lowercase intentional) in them, but don't destroy their lives for a measly $11,000. Also, show me proof that this number is even close to realistic. The whole idea of excessive force and punishment is that the punishment should fit the crime. It's not like these people were modifying their cable modems with concrete smacking people with them. They used a little more bandwidth than they paid for. People do it on the freeways every day.

    6. Re:let's explain that, shall we? by Anonymous Coward · · Score: 0

      "Oh, poor consumers. Excuse me if my heart doesn't bleed for their plight. They stole, they got caught, they got arrested. The system worked here."

      It is exactly THIS pov that will assist those with power to vend injustice increasingly by orders of magnitude.

      It is shallow, unconsidered, and ignorant of the process that is, and has been, unfolding since the creation of this nation. The disassembling of the Constitution.

      The Constitution says very plainly one thing; Do not trust people with power for they shall abuse it. Not may, not can, but will.

      We all suffer from this malady.

    7. Re:let's explain that, shall we? by Anonymous Coward · · Score: 0

      I like where you're going with this but your logic is utter tripe. ISPs have a right to sell you service any way they like. If they don't want you to run servers, that's their right, because they have to take into account the costs that they would incur from letting you do so - you'd be consuming more upstream.

      You also seem to imply that the alternative is that the companies should be obliged to let you run servers. This is basically communistic entitlement in action. If you want more bandwidth you can fucking pay for it like the rest of us.

    8. Re:let's explain that, shall we? by Rakarra · · Score: 2
      This, I agree with, and it needs to be pursued. If I'm not exceeding the bandwidth you sold me, then you should have no say over what I do with it.


      So you agree then that if a spammer uses his cable/DSL connection to send a bazillion spam messages all over the world, that the ISP would be unjustified in terminating service? After all, the spammer isn't exceeding the bandwidth allocated to him, and the cable company should have no say over what the spammer does with it...

  176. ATT does this... by arcadum · · Score: 1

    My friend discovered this while living in Portland, but no dice in Eugene... Same company though.

    1. Re:ATT does this... by AlgUSF · · Score: 1

      Samething here, free cable in St. Petersburg, but not in Tampa. (Time Warner)

      --


      I want my rights back. I was actually using them when our government stole them after 9/11.
  177. no they understand. by twitter · · Score: 2
    The people who create some laws seem to have little understanding of the technologies that we use and their lack of knowledge is leading to some sort of irrational fear of any individual who commits any sort of crime using technology that they don't seem to understand.

    It's protectionism, pure and simple. Yes it eliminates your first amendment rights but the constitution never stood in the way of a dishonest buck or thought control. It's not "cybercrime" they are after, it's "thoughtcrime" in the long run. Where do I get off saying that? Just go read my other post.

    --

    Friends don't help friends install M$ junk.

  178. Ever Think The Government IS Overkill? by xipperhead · · Score: 1

    This bullshit has to stop. Our governments have been pushing us around long enough. I can't stand it anymore. They take half our paychecks, tell us how we can poison ourselves [weed is illegal, alcohol is good?] cant we make up our own minds??? [just to name a few] We need to make a change so people will listen, so the governments will change. The government is killing, and abusing each and every one of us, among other things. To have the feds involved in uncappers? Holy shit this is too extreme. People fear we are about to enter war, if you dont like it, do something about it. Rather than being at war with other countries, telling them how to run their lives, their countries, we should focus more on ourselves, and our own governments. Fight the power. xipperhead, xipperhead.com

  179. the losses are coming by twitter · · Score: 2
    Compare the cancels/month directly related to bandwidth concerns before, during, and after these offenders were uncapping. If they are no different, there is no loses.

    With all the publicity this case is getting, I'm sure there will be thousands of people all accross the country droping their cable modems. Most of the "providers" ban servers and charge between 50 and 75 bucks a month for the silly boxes. How many people are really going to pay that kind of money for that? To surf the great corporate billboard faster and better than ever? Nope, the local cable company not only blocks your ports so you can't serve, now they are capping your line so you get DSL speed if you are lucky. Pththth-fit. Can you say content death? How many of you are willing to risk going to jail to run servers?

    Don't even thing of running a server, you will be depriving your ISP of valuable "hosting" fees, like $10/month or so. If you run a server and it get's slashdotted, oh my, that 30kbit/second uplink crimp will cost them so much bandwidth you might even hit your five gig cap. Monetary loss of hitting your cap = $0. I'll give the cable company that amount next month. How about you?

    The biggest losses are the trust these fools threw away about two years ago. A bad reputation leads directly to bankruptcy.

    --

    Friends don't help friends install M$ junk.

  180. Best Deal in town! by Anonymous Coward · · Score: 0

    I have novus Cable and it costs me about 26$ for basic cable+DEDICATED 10MB/s line to the ISP...now that tis UBER DEAL! The only catch is u have to be in VAncouver, Canada

  181. Re:Not Well Written! by medeii · · Score: 2, Informative

    This article is not well written, its vastly slanted towards law-breakers.

    Neither is your comment. It's vastly slanted towards self-righteous reactionism.

    Exhibit #1:
    For the record, uncapping ( hacking your modem in order to gain access to untapped bandwidth) is not legal.
    Not legal? It's called ILLEGAL. Uncapping your modem is ILLEGAL. "Not legal" is trying to cover it up.

    No, the proper term for a breach of contract is not legal. There are laws about breaching contracts, true, but the offense is civil. Not criminal.

    Exhibit #2:
    As such, their control over the political system in the area is considerable
    No examples, no proof, just innuendo and slander.

    Since when is an observation in a column that's non-inflammatory and obviously editorial in nature slander? Get a dictionary and look up the word, man. It doesn't mean what you wish it did.

    Exhibit #3:
    a fact that may under-ride the horrifying journey several individuals are taking through the area's legal gauntlet because they uncapped their cable modems.
    More speculation and innuendo. "Legal gauntlet" - what they are the victims now? Oppressed? They broke the law and must now fact the music.

    Again, this is independent observation in an editorial piece. Even if it were not, observation that slants the facts to fit one's argument isn't merely "speculation." Do you have some sort of agenda against the poster? THAT's speculation. Moreover, excessive use of force can constitute oppression, and I suggest you read the article more closely instead of replying in a fit of anger.

    Exhibit #4:
    discovered that twenty three of his subscribers were getting more juice from their connections than they paid for.
    Getting more juice. What a joke. They were stealing bandwidth from other customers. And not paying for it.

    Bandwidth may be a finite resource, but the company in question has failed to demonstrate a consistent record of customer complaints; that other customers were injured is, actually, speculation on your part. Uncapping doesn't necessarily affect people if you do it at 2AM (not that I'm supporting the act, just raising a point.) They have also failed to demonstrate or prove that the uncapped modems were stealing significant amounts of bandwidth--anyone with half a brain can see that their numbers are massively inflated--and thus the author is raising a valid question: Why haven't we seen proof of this "gravely injurious act" that would make this proverbial boulder necessary to crush the ants?

    Exhibit #5:
    According to an interview in a recent Cable World article, Shyrock noted that one subscriber had "altered his modem to handle 100 megabits per second, up and downstream", though the company could never realistically even obtain such speeds.
    So the fact that there wasn't enough bandwidth makes this better? Okay? They basically modded it to use as much bandwidth as possible, to the detriment of others.

    Yes, it does. The damages that the company quoted to the FBI cannot have possibly been true. The fact that the company is quoting similarly heavy figures to a journalistic source is not surprising, but it also shows a basic lack of technical understanding. Again, here, you're also speculating that customers were injured, which they haven't shown happened.

    Instead of disconnecting service for uncapping (as is the case with nearly every provider in the U.S.)
    Its obviously working very well!

    Wonderful. I'll refer you to the hundreds of other analogies that other posters have submitted, because they're all very excellent. It's becoming rapidly obvious that you missed the point of the article in your misguided attempt to appear on a moral high ground.

    companies before his life was turned upside-down
    Passive voice. He's just a victim! Its not his fault! All his neighbors say he's a great guy!

    A Slashdot poster who questions the article's use of grammar, yet can't seem to grasp the proper use of commas himself. Grow up.

    The worst that could happen to him, he figured, was that his ISP got angry and disconnected his service. He couldn't have been more wrong.
    Bummer. It was just a little mistake. No problem!

    That's the worst that SHOULD happen to him -- if not a fine and a settlement of some sorts. Calling in the FBI to settle one's outstanding payments on a civil case is nothing short of ludicrous.

    This article can be summed as: "No fair! We weren't expecting to get caught!"

    No, not really. But the summation of your comment would seem to be a giant mass of logical fallacies and emotional arguments.

    Lets be real people. You can't steal bandwidth. If you modify your equipment to take more bandwidth than you are intended to have by your provider, you may end up in trouble. It doesn't look any of these people are going to jail. They got indicted, have to go to an "aversion" program, and pay some fines. The equipment - that which isn't illegal modified or containing illegal materials - will be returned. If they aren't the defendents should get lawyers.

    Ah, so you did miss the point of the article. No one questions that what the users did was wrong; they're simply questioning the company's actions, and its motives.

    The reprecussions suffered by the criminals is what happens when you break the law and get caught. Bummer. Don't break the law, or if you have a problem with it get it changed. Each defendent consciously knew what they were doing was wrong, and one even admits that he gambled that the consequences would be minor. Friggin' bummer. You gamble long enough and you will lose.

    Keep posting long enough, and I'm sure you'll eventually write a coherent argument. What are you trying to do here -- say the same thing three times over?

    --
    got standards? --- http://www.w3.org/
  182. Comment removed by account_deleted · · Score: 2

    Comment removed based on user account deletion

  183. Re:Stealing is wrong - ref:spammers by Anonymous Coward · · Score: 0

    Spammers constantly steal bandwidth, why in the fuck don't they start nailing them?instead of just the few smaller ones that can't afford to fight back? i guess to make themselves look good?

  184. modem uncapping, not robberies and rapes by Anonymous Coward · · Score: 0
    Do you have problems with understanding written text? Read this: U-N-C-A-P-P-I-N-G M-O-D-E-M-S. Uncapping modems, uncapping modems, modem uncapping. Get it?

    Not robberies and rapes, uncapping modems is not robberies and rapes. Uncapping modems != robberies and rapes. How many times it has to be told for you to understand it?

  185. Seems fair to me by Paul+Johnson · · Score: 2
    First, uncapping your modem is not merely in violation of your ISP contract, it is "theft of service", and legally its treated just the same as any other kind of theft.

    The article says that the methods used to identify the perpetrators are "unknown". In fact its very simple. You ask the modem via SNMP what its speed is, and it tells you.

    So these people got "over 100Mbits" speed limits on their modems. I'm paying £25/month for 0.5 Mbit. So if that were increased by a factor of 200 then it would cost $5,000/month. Multiply by 23 people and you have a problem worthy of the FBI's time. Particularly since it only required search, seizure and some very minor forensics (like identifying the uncapping software on the seized computers).

    So overall I think these people got what they deserved.

    Paul.

    --
    You are lost in a twisty maze of little standards, all different.
    1. Re:Seems fair to me by xo0m · · Score: 1

      looks like slashdot kind of exaggerated in their post "gun wielding FBI agents". they seemed to be nice, according to the article at least...anyway, enough humor...i agree with the fact that they deserved it. i'm sure there will be some other similar stories in the future, but let this be an example for all you uncappers!!!

  186. Shall we confiscate the Xbox? by goldcd · · Score: 1

    Naw - we have enough difficulty getting Billy-Bob to stop playing GTA3 down the station when the boys want to watch the Bold and the Beautiful.

  187. Hey! He looks like you, Poindexter! by Anonymous Coward · · Score: 0

    Except for Poindexter. He will just be in charge of tracking your every action.

    "Come on, stand up for yourself, Poindexter!"

    On another note, I always read that the Iran-Contra affair was about selling *weapons*, not drugs.

    1. Re:Hey! He looks like you, Poindexter! by Darby · · Score: 3, Informative

      On another note, I always read that the Iran-Contra affair was about selling *weapons*, not drugs.

      It was about selling drugs to get the money to buy the guns to trade to the Iranians for the return of our hostages. It was illegal to give Iran military weapons. Any government department that has any legal money whatsoever gets that money from Congress since that is one of the major roles of Congress. So since they were not authorized to give weapons to those countries, they had to come up with another source of income. So they imported and sold large amounts of cocaine to fund their illegal operation. This, in a nutshell, is what happened.

  188. Sod that, come to Scotland... by Big+Mark · · Score: 2

    Scottish university, I mean. £50 a year for a Uni lan connection that is wince-inducingly fast (100Mbps burst maximum, I'm often getting four megaBYTES a second through it).

    Admittedtly, it is firewalled into submission to prevent "abuse", but it's easy enough to counter by getting people to listen to things on sockets 25, 21 and 80...

  189. missing the point by cdn-programmer · · Score: 1

    I think a lot of people are missing the point here. let me use an analogy.

    Power is delivered in volts and amps just as internet content is delivered by bandwidth and time. The equations have the same form: p=v*a, c=b*t respectively.

    Just because one might double the voltage, say from 120 to 240 volts does not mean they use more power. In fact if people check the insulation ratings of the NMD wiring in their homes then they can quickly determine that it is usually rated up to 600 volts and typically they run 120V over it.

    So if the homeowner needs more juice at a particular spot, a really inexpensive way to achieve this is to ask an electrician to "upgrage" the circuit to 240v. This involved a tiny wiring change at the breaker and a new plug to be installed in the outlet. The other alternative might be to pull say 12 gauge wire through the walls and run 20 amps at 120V (instead of 10 amps at 240V).

    So with a simple wiring mod, you get twice the juice man! But you have NOT stolen any power and the electical utility doesn't give a DAMN.

    Simialry, if these accused felons need to transfer some large files, then they can use say 1 hour of time at 128KB/sec or 1/2 hour of time at 256KB/sec. They still used the same amount of capacity in the transmition system and thus didn't steal a thing. The only way that they can really increase the burden on the transmission system is if their total transmission is higher as a result of making the pipe fatter.

    Our last ISP (cadvision) use to publish that they were providing up to 10 mb/sec access speeds to the internet. Technically they were - on the last mile. Of course, they hooked the 10MB/sec DSL modems into a Dslam on the net which was backhauled on a T1 lines running 24 or FEWER DS0's to the max shared capacity was only 1,536mb/sec.

    Buckeye claiming theft here is about the same as your electrical uliltity bitching about wanting a voltage cap because they wish to ignore the amps term in the power equation.

  190. And this is before the *new* security bill by Anonymous Coward · · Score: 0

    is signed by Bush and the Homeland Security Office starts operating at he back and call of corporations to police citizens. I am sure the DCMA, Cybercrime statues, and the FBI will be combined with RICO to really impinge on freedoms then. Sig Heil Bush!

  191. Re:Not Well thought out by StrawberryFrog · · Score: 3, Funny

    Well, next time you get caught speeding on the highway, I ask that you be executed on the spot. After all, it's called ILLEGAL.

    --

    My Karma: ran over your Dogma
    StrawberryFrog

  192. Re:Not Well Written! by inerte · · Score: 1

    As such, their control over the political system in the area is considerable

    No examples, no proof, just innuendo and slander.

    Ah, c'mon. You gotta be really naive to think that a group that controls most business and the media in an area doesn't have influence over the political system.

    - What's that? You want a big donation? Sure! Remind me to run a couple good news about you at primetime!

  193. Here's what they really stole by tyler_larson · · Score: 1
    These people were stealing a VERY valuable commodity.. bandwidth. For those of you who don't work near the ISP industry, bandwidth is --VERY EXPENSIVE--. $200 per megabit per month is an absolute STEAL (to get that rate, you need to be buying it on the DS3 level). $400 per meg is more realistic on lower levels....

    I'm sorry, but I have no sympathy for these people. What they did not only violated their agreement, but it cost someone else a LOT of money.

    Slow down there, turbo. What they did was remove the cap on their cable modem. Removing the locks on the bank's outer doors is not the same as emptying the vault. You're basing your numbers on how much they could have stolen.

    Furthermore, you really have no idea what you're talking about in the first place. Bandwidth is kind of a fuzzy term--we sometimes use it to mean throughput (MB/s), and sometimes to mean latency (ping time). Sometimes we actually mean bandwidth, but that's in Hz not MB, and I guarantee that you did not actually mean bandwidth.

    Let's just pretend you meant throughput--most people do. My cable modem generally gets about 250 Kb/s, and I pay $40 per month. You just told me that 1 Mb/mo (not 1 Mb/s) should cost $200. I can get better throughput than that with a station wagon filled with magnetic tapes; I've got a month to get it there.

    But for the benefit of the doubt, let's pretend you actually meant 1 Mb/s over the course of a month. What are the chances, do you think, that they could have sustained that kind of load for an entire month. That's 2.5 Tb of data they'd have to have transferred. These are home users, not an ISP. And even then, they'd only owe $200 ($400 with the expensive price).

    Anyway, when an ISP pays high prices for bandwidth, what he's really paying for is the gurarantee that the bandwidth will be available when you need it--whether you use it or not. These people had no such guarantee.

    The lawyers would argue that since they took the cap off their modem, they effectively had access to that kind of bandwidth for a period of time, though they probably never did anything with it (and logically really couldn't have, either). But they should have to pay for the unused ability to consume that bandwidth for that period of time.

    What they stole wasn't the bandwidth itself but rather the possiblity to use that bandwidth. If you argue that they abused this ability and degraded the service of the company's other customers, then still the only damages the people would be liable for--what they actually "stole"--could be accounted as follows:

    Take the bandwidth (in execess of what they were alotted) they consumed (probably in Mb/s) times the amount of time they spent actually consuming it (probably in seconds, maybe minutes) and divide it by the length of the billing cycle (likely 1 month). Then take that very, very, very small number and multiply it by the actual cost of that bandwidth over the billing cycle. The resulting price--the value of what they stole--could probably be taken out of their pocket change and still leave enough for a burger and fries.

    Bottom Line: this definately looks like a civil case, not a criminal one: they received services that they didn't pay for, and they broke the rules of their contract. That's bad, but certainly not news, and certainly doesn't warrant the treatment they got. The value of the services they actually received realistically amounts to so little that settling out of court for $4 and a slurpee would be a good idea if the court understood the technology involved.

    --
    "With sufficient thrust, pigs fly just fine. However, this is not necessarily a good idea...."
    RFC 1925
    1. Re:Here's what they really stole by Anonymous Coward · · Score: 0

      Bandwidth is kind of a fuzzy term--we sometimes use it to mean throughput (MB/s), and sometimes to mean latency (ping time).

      Huh? Just exactly who uses the term "bandwidth" to mean "latency"? If people really used bandwidth to mean latency, then how would the phrase "bandwidth - latency product" (or "bandwidth - delay product") make any sense at all?

  194. US police system by vinlud · · Score: 2, Informative

    I watched a two-part series about some very disturbing developments in the US police and justice system. They are availible online and although it's a Dutch program almost everything is spoken English so it's worth to watch for non-Dutchies

    Realplayer stream part 1:
    http://info.vpro.nl/rmstreams.db?7273010

    Realplayer stream part 2:
    http://info.vpro.nl/rmstreams.db?7273012

    --
    Repeat after me: We are all individuals
    1. Re:US police system by vinlud · · Score: 1

      I want to add to my own post that the documentary is about the absurd punishments as a result of the War on Drugs. People who have committed no crime whatsover but were only involved with it because their partner did something wrong getting years and years of prison. Astonishing is the fact that the police is allowed to keep the money earned by selling seized property of suspects, not convicted criminals. In the United States you have to prove you're innocent when you're accused of a civil crime. the whole prison system is not about punishment anymore buit about earning money, your justice system has been capitalized, this is a very dangerous development!

      Another astonishing law is the three strike system, commit three simple crimes and get prison for life. Judges telling they had to give life sentences to people who had only small amounts of drugs for own use, while a rapist got only a few years. Where the hell is justice in that? The chairman of the committee which proposed this law is saying it is his biggest mistake in his life.

      Watch it with Realplayer, its simply astonishing...

      --
      Repeat after me: We are all individuals
  195. Steve Jackson Games by geoff+lane · · Score: 2

    See
    http://www.eff.org/Legal/Cases/SJG/

    Looks like nobody has learnt a thing over the years.

  196. So how does one uncap a Motorola using a Cisco... by vonoech · · Score: 1

    So how does one uncap a Motorola cable modem using a Cisco configuration file? Well, they hack the Cisco router in the cable system, of course!

    You see thse folks didn't really "uncap" their own cable modem. They changed the configuration files on the Cisco routers in the providers network. So as you are being ultra paranoid as normal here on the dot; try and figure out how many other customers were affected by these idiots. And how many truck rolls that those other customers might of (or actually did) cause.

    I think you'll find that it is much easier to reach the $250,000 USD "let's invite the FBI to investigate number".

    And (again) why does this dolt refer to an officer serving a warrant as "gun wielding". If you actually think they had guns drawn while serving these warrants you should slowly move away from the computer and turn off the TV. Cause you are an idiot.

    --
    "I'll be better when I'm older"
  197. Can't find any reference to your quote by EMIce · · Score: 2

    I can't find any reference to this quote on google. Is it real?

  198. Tell them if you think this behavior sucks. by chrispycreeme · · Score: 1

    I don't know if anyone else has said anything like this here- i dont feel like trying to search all the posts so I apologize if this is redundant, but..

    I felt strongly enough about this story that I emailed askus@cablesystem.com the following:

    <QUOTE>
    I read with great concern the article on broadbandreports.com about your company's despicable actions on your own customers.

    http://www.broadbandreports.com/shownews/23727

    You should be ashamed of yourself. This is not being a good citizen or good business practice. If you have any decency at all you will drop the charges and make a public apology.
    </QUOTE>

    I encourage other's who feel the same to.. um.. do the same.

    Of course if you dont feel the same way, dont.. That (should) go without saying.

    c-

  199. It really isnt difficult... by Anonymous Coward · · Score: 0

    Big fuss over nothing this Holy Grail of uncapping!

    It aint difficult to uncap. Your modem when it connects to your ISP. picks up a config file which has the details about what the up/down limits are to be set to.

    I have a simple Linux firewall, I see my NTL Cable Surfboarf modem talking to IP 192.168.1.100 all the time, which I know is the config control IP. I have seen a copy of a standard 512Kb config file, a child of 5 could adjust it and get higher bandwidth. The only thing stopping people doing it is the threat of disconnection and now legal action.

    If you read the whole story from bandwidth.com, you get the feeling that the A-Team will be called in at any moment to break up the corrupt mayor and his town cronies!!! Seriously, it does seem like the local law wanted to make a scene and scare a few people who may have been a thorn in the side of the local "celebs", ie the Block family. As there was obviously no kudos in busting the local "Joint-Smokers" club again, they went for something more up to date, which would make this insignificant little pimple on the backside of the country, finally have something to show for those tax dollars!

  200. Civil vs criminal action by wytcld · · Score: 3, Interesting
    If disputed behavior is covered under a contract, the criminal justice system often won't take the case, since the parties to the dispute have recourse to the civil courts. For example, a relative of mine was building a house in Florida. The contractor folded up shop and left town in the midst of the project, taking with him nearly $100,000 in advance payments, which he then transferred to his wife. The Florida criminal justice system considered this a contract dispute, so wouldn't touch it. As a civil case, lawyers didn't want it because the contractor, having given the money away, had no assets to recover.

    What Buckeye Cable had with these folks is a dispute about whether they honored a clause in a contract. One could say that the real principle was the criminal system favored the business against the individual in the case of my relative, and again here. But in that case it really would be a criminal system. If it comes to that, turnabout is fair play, and there is then no ethical limitation on the individual scamming what he or she can from it. It's like stealing from the mob - hazardous to your health but not wrong. This is why it's so important that the system itself operate fairly, and not tilt towards corporations and businesses. Without fairness, the population my be terrorized, but cannot be governed.

    --
    "with their freedom lost all virtue lose" - Milton
    1. Re:Civil vs criminal action by vonoech · · Score: 1

      wytcld,

      Re-read the article. In the case cited there the person on whom a warrant was served _did_ _not_ _have_ a contract. They simply plugged into cable that ran into the premise and then proceeded to hack the cable infrastructure. They hacked the Cisco routers in the cable providers network.

      This wasn't an uncapping case. This was clearly a theft of service.

      --
      "I'll be better when I'm older"
  201. Darth Vader has arrived by linuxislandsucks · · Score: 1

    So did they use Ashcroft as wel as automatice weapons to take them down?

    The new Darth Vader fo this centruy and the FBI, Ashcroft..

    --
    Don't Tread on OpenSource
  202. For Those That Use the Break-In Analogy by Hangtime · · Score: 2

    If uncapping your cable modem is a felony because you are denying resources to others then wouldn't the FBI have to step in to look at spammer cases. Using that same logic a spammer denies resources across state and international lines. One step further, wouldn't an ISP that looked the other way with a spammer be AIDING AND ABETTING a known felon! One step futher, cound an ISP suffer the same consequences as the spammers themselves (i.e. the driver in the commission of a crime can be given the same sentence as the perpatrator). Has Buckeye Cable ever looked the other way in similar cases with the use of resources? I think we have some serious ethical issues here that need to be resolved and using analogies while they help understanding don't always frame an issue fairly. We need as society to quit thinking the Internet is just like the Real World and start doing some critical thinking in trying to define the cyber one.

    HT

  203. They need jail time if the dollar value is there by Zapdos · · Score: 2

    Or are you saying as long as you steal from a broadband company it is OK? A $499 - $5000 dollar value is required for a F5. Shoplifters do time even if they needed the food. Life isn't fair. These idiots need jail time. If you are stealing then you need jail time as well. The company is perfectly within its rights to press charges. I think more companies should. I do not like having to subsidize thief's.

    You can disagree, But my opinion is not a troll, it is real.

  204. Re:Not Well Written! by Ded+Bob · · Score: 2

    I understand what you are saying, but there are a few points I want to comment on:

    Exhibit #5:
    According to an interview in a recent Cable World article, Shyrock noted that one subscriber had "altered his modem to handle 100 megabits per second, up and downstream", though the company could never realistically even obtain such speeds.
    So the fact that there wasn't enough bandwidth makes this better? Okay? They basically modded it to use as much bandwidth as possible, to the detriment of others.


    This is serious. This means the company lied to the FBI to get them involved. This should have been a police matter, but the company would rather waste tax-payer money and FBI time on an obviously local matter.

    If you modify your equipment to take more bandwidth than you are intended to have by your provider, you may end up in trouble.

    I am wondering about cable modems that you purchase from the store. What if they allowed for personal cable modems and I prevented the cable company from modifying my equipment? I can see the bandwidth being stolen argument, but I also can see that the cable company has no right to alter my computer equipment.

  205. This is Ohio by Anonymous Coward · · Score: 0

    They've just figured out fire and banging rocks together.

  206. Re:So how does one uncap a Motorola using a Cisco. by raindr · · Score: 1

    There's a article in the last issue of 2600 magazine about on persons experience getting busted for uncapping....and also uncapping tips as well. Not sure if which vendor it was for though.

    --
    Things Are The Way They Are
  207. Re:Contact the FBI. No, Seriously by xsbellx · · Score: 1

    IANAL, but
    18 USC 1343, makes it a Federal crime or offense for anyone to use interstate wire communications facilities in carrying out a scheme to defraud.

    Since bidirectional cable networks are commonly used for transmission of network data in- and interstate pretty it is pretty much guaranteed that it falls under this criterium. From a legal standpoint it doesn't really matter if the fraud actually took place across state lines, just that a facility suitable for this purpose was used.

    However, due to the rather global nature of internet it is highly unlikely that anyone using such a scheme would actually not invoke interstate (never mind intercontinental) communications. Thus pretty much making a waterproof case.


    I think you are wrong on this one. The crime was LOCAL. The ISP is within the state and so was the alleged uncapper.

    Let's take a hypothetical case. I live in Canada and like most Canadians, I am close to the Canada/U.S. border (20 miles). I use my cell phone to call someone in another location in Canada but even closer to the border. The cell call gets routed through some US based cellular provider for part of the trip. The call discusses some matter that is legal in Canada but illegal in the United States. Extending your example, I am now a wanted person in the US.

    Amercia, land of free and home of the brave. Think again about the meaning of FREE and BRAVE.

    --
    If VISTA is the answer, you didn't understand the question
  208. Re:Hello, police state by par38lamp · · Score: 1

    Mod this up!!! AWWW yeah. Thank you for eloquently stating what I was thinkning. For you republicans, I hope you are happy. We might get to keep our guns, but by God, don't uncap your cable modem.

  209. Re:Hello, police state This is local bullshit. by par38lamp · · Score: 1
    Cybercrime.gov Look who's mug is on top of the page.

    I thing he is VERY involved...

  210. Shafting uncapped! by mulhall · · Score: 1

    Sorry for lowering the tone but when I saw 'uncapping' and 'shafted' I though this was to do with pr0n regulations... :(

  211. Re:Not Well Written! by Anonymous Coward · · Score: 0

    Point one: No one is getting jail time? Then you must have missed "Runner will most likely not be offered the chance to attend the diversions program, and was one of the only offenders forced through booking (mugshots, fingerprints)."

    Point two: When someone lights a cigarette in the no smoking section, they don't expect the manager to come out, throw napalm on you, and laugh at your burning corpse.

  212. Grow up, this is reality. by Dock · · Score: 1

    If you break the law which they clearly have, you are going to get punished for it. If you don't want the FBI to come and take your stuff, well gee, DON'T GIVE THEM A REASON. K? Good.

    --
    http://about.me/paultenny
  213. Committing a crime=taking the punishment by {tele}machus_*1 · · Score: 1

    The one guy, Wirtz, admitted that he uncapped his modem, according to the article. But the author offers justifications for the uncapping: he had a cool business, he only did it for a short time, and he only did it for limited use. So what? He admits to committing the crime (whatever it happens to be, the article neglects to tell us what crimes these uncappers have been indicted for), and thus he should be punished. That's why we have a criminal justice system: to enforce the laws and punish those who violate them. Cool guys who are on the verge of inventing some neat device don't get a special dispensation from the laws.

    The careful reader of this article will also note that it is not well-written: there are several grammatical errors; as noted above, the article fails to mention the crimes for which the uncappers have been indicted; and the last bit about the Blocks being on a crusade against that former town prosecutor is worse than pure speculation, its libel.

  214. Fun. by Anonymous Coward · · Score: 0

    I'm going to go uncap people I don't like so they get arrested.

  215. What? by phritz · · Score: 1
    You're saying progressive = communist?

    Well, you could draw that same analogy for
    public schooling
    medica(id/re)
    social security
    food stamps
    income tax
    sales tax

    The only alternatives to a progressive tax are
    A) A regressive tax, where you tax the poor a greater percentage of their income, or
    B) a flat tax, where someone who makes $15,000 is left with $12,000 and someone who makes $15 million is left with $12 million.

    Just because you can say 'Hey! The communists did that!' doesn't make it inherently bad. Might I suggest -1 Troll to parent?

    1. Re:What? by ncc74656 · · Score: 2
      You're saying progressive = communist?

      Well, you could draw that same analogy for

      • public schooling
      • medica(id/re)
      • social security
      • food stamps
      • income tax
      • sales tax

      We got along just fine as a nation without most of those for over 100 years (sales tax is a state/local issue). I don't see how the government's involvement has done anything other than drive down quality and create a dependency among some on an ever-expanding government that robs the rest of us of our freedoms. (This is especially true of education. Which do you suppose is worse for society: no education or a sh*tty education in which kids are indoctrinated with the "values" of the nanny state and not taught to think for themselves? They can't add two and two and they can't construct a grammatically-correct sentence with properly-spelled words, but they sure do feel good about themselves, don't they? Besides, we already have historical proof that a lack of public education does not imply a population of drooling ignoramuses.)

      The only alternatives to a progressive tax are A) A regressive tax, where you tax the poor a greater percentage of their income, or

      Like the Social Security tax, which is only on the first $90k or so of your income? (Never mind that if you or I tried to start something like Social Security, we'd be shut down for operating an illegal pyramid scheme. You'd do just as well for yourself if you responded to the make-money-fast spams in your inbox.)

      B) a flat tax, where someone who makes $15,000 is left with $12,000 and someone who makes $15 million is left with $12 million.

      You neglected to mention that the flat-tax proposals that have been floated so far usually include a fairly sizable exemption for the first $15k or so of income...they're not truly flat. Your hypothetical $15k earner would pay $0 under most proposals, while your $15M earner would pay a little bit less than $3M.

      It's worth mentioning that a dollar circulating in the private economy is more productive than a dollar in the government's grubby fingers. In the private sector, it bounces around between employers and employees. It can also be invested in the growth of a business. The government also engages in some of this activity, but it tends to be less efficient in its use of money.

      Just because you can say 'Hey! The communists did that!' doesn't make it inherently bad. Might I suggest -1 Troll to parent?

      Sounds like the typical debating style of a left-winger...since you have no ideas of your own, you instead attempt to silence those who do. Where's this "tolerance" for diverse opinions I keep hearing about?

      --
      20 January 2017: the End of an Error.
    2. Re:What? by phritz · · Score: 1
      We got along just fine as a nation without most of those for over 100 years (sales tax is a state/local issue). I don't see how the government's involvement has done anything other than drive down quality and create a dependency among some on an ever-expanding government that robs the rest of us of our freedoms.
      I'm not arguing that these things are bad - I'm saying that by the logic in the parent, these things are all indicative of communism.

      Besides, we already have historical proof that a lack of public education does not imply a population of drooling ignoramuses.
      Perhaps my public school education fails me, but what proof are you referring to?

      You neglected to mention that the flat-tax proposals that have been floated so far usually include a fairly sizable exemption for the first $15k or so of income...they're not truly flat. Your hypothetical $15k earner would pay $0 under most proposals, while your $15M earner would pay a little bit less than $3M.
      A flat tax is one that taxes everyone equally. A tax that taxes the poor (i.e. those under $15k) less than the rich (the $15M) is by definition progressive (and hence communist?).

      Sounds like the typical debating style of a left-winger...since you have no ideas of your own, you instead attempt to silence those who do.
      Good point.

      Where's this "tolerance" for diverse opinions I keep hearing about?
      I wasn't disagreeing with the opinion - I was taking issue with the invalid analogy "progressive tax = communism = bad". That's what the 'troll' is about - I admit the way I phrased it didn't make that obvious.

  216. been going on a long time by tacokill · · Score: 1

    Is the war on drugs equivalent to the 100 Years War or something? Shit...how long are we going to fight this damn thing before people wise up?

  217. Any... by tacokill · · Score: 1

    (paraphrased) To the unenlightened, any sufficiently advanced technology is indistinguishable from magic. - Arthur C. Clarke

    Remembering that quote has saved me hundreds of hours of frustration.

  218. How about good Internet legislation, for a change? by D4C5CE · · Score: 1

    Valkenvania seems to be for real (though maybe somewhere in Ohio), and yet things are bound to get worse.
    Now instead of making even more bad laws, how about decent ones, to have the FBI rather use their time for going after some spamming scum, who are possibly the only guys to truly deserve this kind of encounter with the authorities?

  219. Wow.... by Dim_Slashdot · · Score: 1

    As someone who lives in Toledo (I am working in the downtown area right now) this article shocks me.
    BR> I know the Block family controls a lot, they own pretty much the only paper (The Toledo Blade) and run Buckeye Cable. What I never realized is that with their hold on the media I never heard a thing about this incident happening. I mean this isn't a big town, a lost chicken makes headline news at times. And now I found out the FBI was doing a crackdown and John Q Public never found out? Very disturbing.

    I have been a Buckeye Express (cable internet) subscriber for three years now. This is the first I have ever heard of them doing something like this. The service is pricey ($49.95/mo if you use their cable TV too, $59.95 if you don't), but it is rock solid. I have had 1 (one) period of two hours downtime in the last three years. That was only because of a huge area storm, and they credited my account $20 for the outage.

    What it really comes down to is I have been recommending this service to friends for years now, and they do this to their customers? Uncapping is illegal, sure. But how ethical is destroying someones life when they could just turn them off good ethics?

    We have a small paper in town called the Toledo City Paper. It is the alternative paper for people who hate the filtered content the Blade delivers. I am going to make sure they see this story.

    The thing that really sucks here in Toledo is Buckeye is usually your only option. If you do have choices it is either Ameritech DSL (horrid), Adelphia Cable modem (Not Much Better), or ComWavez ($$$$$$$$$$).

  220. i get it . . . by LifesABeach · · Score: 1



    fact:
    1. the president of the u.s.a. is in charge fo the f.b.i.

    2. i break my service contract with a cable company.

    3. postal workers in black clothing show up at my door step, (not to deliver the mail).

    conclusion:

    i believe that that there is a raving lunitic in the executive branch.

  221. Re:Overkill? Perhaps... by Anonymous Coward · · Score: 0

    Buckeye-express servers requires you to rent their modem, you cannot use your own. AFAIK (i left toledo a couple years ago) they are still the only game in town when it comes to broadband

  222. Re:CVS by Anonymous Coward · · Score: 0

    Try paying cash for your prescriptions at CVS, and prepare to bend over. The 'Mom and Pop' pharmacy where I live is always much less expensive than CVS. But most people don't care - their insurance pays for it anyway, and it just raises premiums for everyone else, while making CVS (and others) rich.

  223. I want my money by a6depxj · · Score: 1

    Can I have the FBI kick down the door of my ISP? I've signed up for a 128kbps bandwidth and on several occasions my bandwidth has gone under the speed I have signed up at. I estimated the cost of my missing bandwidth to be about 200,000$

  224. Re:Not Well thought out by Anonymous Coward · · Score: 0


    No one got executed here either, dumbfuck.

  225. Re:They need jail time if the dollar value is ther by Anonymous Coward · · Score: 0

    If the dollar value is not reported in the company's own accounting as missing, then it's not theft, it's some other type of crime (still crime of course).

    On the other hand, if the people have received advertisements proclaiming "50 times faster than a modem" when it isn't, then what they were doing was just trying to get what was promised them. Whenever you receive such advertisements through the us mail, remember to save them, because if the cable company ever complains about *anything* you are doing, just call them and ask for your speed and tell them you will file a complaint with the US Postmaster General.

  226. Whoops by phritz · · Score: 1

    In that first non-italicized paragraph, s/bad/good/. That would make a little more sense.

  227. DRM by autopr0n · · Score: 2

    [Brandon Wirtz] was on the verge of releasing a Smartcard based DRM solution for Windows Media Player to several different companies before his life was turned upside-down.

    Wow, talk about ironic.

    I don't think I'll shed to many tears for this guy, personaly.

    --
    autopr0n is like, down and stuff.
  228. Dr. Network Has AIDS by Anonymous Coward · · Score: 0
    Please note: I have censored this post by removing any possibly offensive words and replacing them with more PC explanations of what I mean.

    Tell me, when you're [DISPLAYING_FEELINGS_FOR | BANGING] your father do these fictional stories come to you? I mean, come on! We all know you [CHOOSE_YOUR_FRIENDS_CAREFULLY | DON'T_HAVE_ANY_FRIENDS], given the fact that you are a(n) [ORIGINAL_THINKER | PERVERTED WEIRDO]. Yes, yes - I know that you placed a personal ad on Yahoo! [ASIAN_OWNED | GOOK_OWNED] and have plenty of people to IM all the time but honestly, they don't count - you can't verify that they are not [JEWISH | HEEBS] and we all know that in doing the census, [SOME_IGNORANT_PEOPLE_DON'T_COUNT_JEWS | JEWS DON'T COUNT]. Therefore if you have 2 Jew friends, you [HAVE_2_JEW_FRIENDS | DON'T_HAVE_ANY_FRIENDS_AT_ALL]. As for Louisiana, I agree - those [ODD | INBRED] [MOTHERTRUCKERS | MOTHERFUCKERS] are [FECES | SHIT]. That state is one big dump - and not the good kind. Speaking of dumps, I heard you were missing your daddy today so you [POOPED | SHIT] into your hand and jerked off. Can you either confirm or deny this? Thank you for your time tetra103; you [HOMOSEXUAL | FAG]. :P

  229. That can't be true by autopr0n · · Score: 2

    Since most insurance companies do not profit from insuring people, but rather from investments.

    --
    autopr0n is like, down and stuff.
  230. Did you read the artical. by autopr0n · · Score: 2

    Am I the only one who found it funny the guy they profiled was working on DRM technology? In other words, he was trying to bring about the very thing you're complaining about.

    Not that this helps the other 16...

    --
    autopr0n is like, down and stuff.
  231. Apparently no one noticed.. by superlime · · Score: 1

    ..that this article is just a rehash of an article that was posted *BACK IN JUNE*. I thought it all seemed a little too familiar. It was even posted on slashdot back THEN.

    Short term memory loss? :)

  232. Nothing by autopr0n · · Score: 2

    As you can read in other comments, its very simple for cable providers to 'recap' people at their end.

    --
    autopr0n is like, down and stuff.
  233. Re:Security Through Obscurity by invenustus · · Score: 1

    That's what's known in the business as "not idiotically trusting user machines".

    --
    grep -ri 'should work' /usr/src/linux | wc -l
  234. The point is thataways ---- by Cervantes · · Score: 2

    I don't believe this is stealing, and here's why:

    They didn't FORCE the cable company to give them more bandwidth. They opened up THEIR modem caps to make use of all AVAILABLE bandwidth.

    Consider:
    The power company provides power to my house. Sure, they have expectations of how much power I'll use, but they don't LIMIT it. I could replace my breakers and fuses (on MY property) and run mile-long strings of christmas lights from every outlet in the house. If the power company is PROVIDING me this power, WITHOUT LIMIT, then it's mine to use (and go blind from).

    Same thing with the modem. The cable company didn't LIMIT the bandwidth available to them, on the COMPANYS end... the 'hackers' changed THEIR PROPERTY to use WHAT THE COMPANY MADE AVAILABLE. Now, if they'd hacked the router, or used a techs password to change settings, then they'd be hackers (poor ones, at that), and I say bust their ass. But they didn't.

    Example 2: The water company provides me water via a 3 1/2" pipe. Most peoples houses immediately drop that to 1". But it's 3 1/2" when it gets to my property. So if I leave it at 3 1/2" and use it to form beautiful, 100-foot high waterfalls for the entire summer, yes, I'm not using it as intended, but I'm using WHAT THEY PROVIDED.

    Now, before dozens of AC's jump on me and say "but you pay for water and power!", I point out that these boys did, indeed, pay for cable internet access. And while I cannot make claim to having read their contract, I have yet to see a highspeed contract that spells out exactly what you'll get, IE: We, will provide you with 5GB up/downstream at no more than 768kbps, and any attempt to go over will constitute breach of contract. Instead, companies package speed and up/down together, but they have never said "You may ONLY have x bandwidth", but instead "We will provide you with x bandwidth". In fact, come to think of it, it's only DSL that does that... all cable modems i've seen DO NOT specify max bandwidth. Instead, DSL sells up/down and bandwidth as a package, but cable seems to sell access to their network. So if the cable company doesn't specifically tell you that you can only have X amount of bandwidth, they make huge amounts of bandwidth available, and you're paying for the access (not the bandwidth.. the ACCESS to the network), then what's the problem? If they went over their up/down limit because of bandwidth, then charge them for the excess, but don't complain because you put a giant stack of money on the table, but only wanted people to take what they could carry in one hand.

    --
    If I knew the wedgies I gave you back in 6th grade would have resulted in this . . . I might have taken a moments pause.
  235. Re:Contact the FBI. No, Seriously by inburito · · Score: 2

    I think you are wrong on this one. The crime was LOCAL. The ISP is within the state and so was the alleged uncapper.

    True, but by using this facility it is possible to communicate interstate, correct? And in carrying out your fraud you are most likely engaging in interstate communications anyway (don't tell me these people were just downloading their neighbours webpages). I suppose it is for somewhat historical reasons and also practical considerations that wire frauds are generally considered federal crimes.

    The cell call gets routed through some US based cellular provider for part of the trip. The call discusses some matter that is legal in Canada but illegal in the United States. Extending your example, I am now a wanted person in the US.

    Shouldn't really be applicable. First off phone companies are common carriers and are not liable for whatever information is being conveyed. Secondly this could only be used against you if you were already under surveillance and a recording of your communication was made legally.

    However, if you were to use a mobile phone with illegal modifications that somehow essentially result in you carrying out a fraud (faking your number, etc.) then you would definetly be wanted by the US federal government!

  236. Question: what mechanism was used to do this? by crazyphilman · · Score: 2

    According to the article, the person who got busted for uncapping his modem used a Cisco configuration file to do so. This, apparently, he fed to the modem from a PC in his living room.

    Not knowing the mechanism by which this works, I'm worried that while tinkering with my system, I might accidentally clobber my cablemodem settings and land myself in some trouble. So, I would like to ask the following specific question:

    Did the people who uncapped their modems buy their own modem, and use an included interface to adjust its settings? If this is the case, I can relax, because I'm using the "stock" modem from my ISP and as far as I can see there are no interfaces of any kind connected to it (so presumably, it only works within their limits, period).

    On the other hand, did the people who uncapped their modems alter the modem right over the ethernet cable plugged into it via some undocumented mechanism? If so, well, that really sucks, and makes me nervous.

    I know this question makes me look like a total knob, but I'm asking, seriously. This isn't something you can do by accident, without specialized equipment and software, is it?

    Thanks,
    Phil

    --
    Farewell! It's been a fine buncha years!
  237. Re:Contact the FBI. No, Seriously by buck_wild · · Score: 1

    Using your logic, it would be a felony to defraud someone via mail, even if they were in my state, merely because the mail service operated on an interstate/international basis. I'm no expert, of course, but I don't think your logic (or that of the FBI) is valid (or perhaps I don't know the whole story.)

    --
    If all you have is a hammer, everything looks like a nail.
  238. Re:Contact the FBI. No, Seriously by inburito · · Score: 2

    It is funny that you should pick a mail fraud as a counterexample since that is in fact the oldest form of federal offence! And it doesn't even matter if it happens instate or not.

    Mail Fraud is the oldest form of fraud statutorily regulated and prosecuted by our federal government. Like other forms of white collar fraud, the objective of mail fraud is to accomplish a desired result by deception, trickery, concealment, and/or dishonesty, albeit through the use of the United States Mail Service or other private/commercial interstate carriers. Statutorily regulated since 1872, the United States Supreme Court has repeatedly upheld the authority of Congress to pass the statute.

    I think we can pretty much call the issue closed. Just the fact that FBI came knocking on these peoples' doors more than confirms that their offense was of federal kind - that at least is logic that even you can't disagree with.

    If you want a little reading on the subject try this .

    One small excerpt:

    If you have been arrested or questioned by the police at the city, county, parish or state level, this usually indicates that you are suspected of a state crime.

    Federal law enforcement agencies frequently encountered by defendants are:

    1. Federal Bureau of Investigation
    2. Criminal Division of the IRS (CID)
    3. United States Secret Service
    etc...


  239. Re:Not Well thought out by Anonymous Coward · · Score: 0

    And of course speeding REALLY DOES kill .. which actually makes this a better comparison than you probably intended.

  240. FIGHT BACK: COST BUCKEYE CABLE MONEY by Anonymous Coward · · Score: 0

    Here's a way for broadband users to fight back: if you load there page once a minute for a month straight it would total to several gigabytes, and bandwidth is money.

    On Windows PCs download a program called CheckGet and set it to check the BUCKEYE CABLE site once every minute. If just a few hundred people did this it would total terabytes of bandwidth every month, obviously a very expensive bandwidth bill!

  241. I have by Anonymous Coward · · Score: 0

    A non-fascist democracy becoming a police state is something I haven't yet seen in my limited reading of the history books...

    The Weimar Republic (Germany) was a non-fascist democracy. Hitler was *elected* in 1933m but not with an absolute majority. Shortly afterwards in a "terrorist" attack the Reichstag (the German Parliament) was burned down. The national security campaign that followed ... well you know, or should know the rest of the story. Detention centers were established, all corrupt and socialistic parties were banned, a new and cleaner Germany was established, Olympic games were held, Germany had to abandon the impotent and useless League of Nations...

    Ah yes, I forgot a little detail. After nearly a year of threatening war on Poland for abusing German nationals, Germany *had* to invade Poland to defend itself after the poles attacked a radio station on German soil at Gleiwitz.

    I have only some books and magazines from this period, because they are very hard to obtain, but Ihave read many more before the last rest were finally removed from libraries about 10-15 years ago. And do you know what? They are not racist or especilly offensive, just, well, conservative.

    Any of this sound familiar to you?

    Well, we older european wimps have been there, done that, as you say, but you americans are in for exciting times.

    Perhaps it wouldn't be bad if more people could read this. I's rather remain an anonymous Grandpa.

  242. OT: 20-80 principle: hogwash by psamuels · · Score: 1

    I just can't take it anymore. Nothing personal - but, you know, all generalisations are false.

    These power users fall under Pareto's 20-80 principle: 20% of the users account for 80% of the bandwidth use (and vice versa. Think about it, this rule applies to just about every aspect of life).

    Nah, it doesn't. Your 20-80 principle is just a convenient colloquialism for describing any uneven statistical distribution, and then applying it to things that follow a certain distribution. There are plenty of things in life that don't fit it, but you don't notice because you don't think to apply the principle except where it seems to fit.

    • Do 20% of apples (by count) really account for 80% of apples (by mass)? Answer: no, it's probably a 45-55 principle.
    • Do 20% of people have 80% of children? No, more like 35%/65% would be my guess.
    • Are 20% of airlines involved in 80% of accidents? No, a pretty even distribution, unless you lump in commuter services with the big jets.
    • Do 20% of flowers comprise 80% of the color spectrum variation? No, that's distributed pretty evenly.
    • Does 20% of the United States get 80% of its rain? Nah, I'm guessing 40%/60% split.
    • Do 20% of slashdot readers read 80% of the articles? No, slashdot readers always click the links to produce the /. effect but nobody actually reads them - probably 3%/97%.
    • Do 20% of Microsoft shareholders own 80% of Microsoft stock? No, probably 5%/95%.

    In other words, your 20-80 principle only applies to life in general if you're allowed to adjust the split point on a case-by-case basis. Making it a tautology if you know anything about statistics (which, btw, would probably put you ahead of me, but I digress).

    --
    "How can you claim that you are anti-crack, while still writing a window manager?" — Metacity README
    1. Re:OT: 20-80 principle: hogwash by silverhalide · · Score: 2
      Ahh, you're taking me out of context... I believe you're not going with the spirit of Pareto! :-) What I was trying to point out was, at least whenever people are involved, a small amount account for the majority of the action involved. I should have been more clear about the "any aspects of life" part, and I believe by adding "involving people" makes it a more relevant statement (which is what I was thinking when I wrote that). By all means it's not representative of anything, but more of a tounge-in-cheek observation about the way people work.
      I just can't take it anymore. Nothing personal - but, you know, all generalisations are false.
      ...and 85% of statistics are made up on the spot (up from 73% last month). observe:
      Do 20% of slashdot readers read 80% of the articles? No, slashdot readers always click the links to produce the /. effect but nobody actually reads them - probably 3%/97%.

      I'd wager that, conversely, 80% of the readers read 20% of the articles, or it's at least a skewed weighting in that area.

      Making it a tautology if you know anything about statistics (which, btw, would probably put you ahead of me, but I digress).

      I should technically know statistics by now, but I'd wager that my grades would argue otherwise. :-)

  243. MOD UP by Beliskner · · Score: 1

    MOD PARENT UP PLEASE

    --
    A caveman dreams of being us, the incalculable power and riches. We dream of being Q, then what?
  244. Re:Overkill? Perhaps... by pdboddy · · Score: 1

    Hrm...

    Could a case be made for a monopoly breakup? =P For a while, the area I live in only had one cable company (before the local telco got into the game). It had taken over a rival cable company. Heh, only in Canada could a company losing money faster than Worldcom be able to buy a profitable, stable, better service company. =P

    "Yes your honour, my clients did this because it was the only way they could get faster service, on the account that Buckeye is the only broadband company. Faster service is available, but conveniently, not in the Buckeye service area..."

    --
    Julie Moult is an idiot.
  245. Last Post! by alpg · · Score: 1

    There is a building with four floors. On the first floor, there
    is a convention of architects. On the second floor, there is a
    vinyl manufacturing plant. On the third floor there is a fast food
    stand, and on the fourth floor there is a library.

    Q: What would happen if a librarian traveled down in a small
    elevator with one other person from each floor?
    A: The elevator would be full.

    - this post brought to you by the Automated Last Post Generator...