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Feds Bust Cable Modem Hacker
Several readers noted the indictment of hardware hacker Ryan Harris, known as DerEngel. Harris wrote the 2006 book Hacking the Cable Modem, explaining how to get upgraded speed or even free Internet service by bypassing the firmware locks on Motorola Surfboard modems. He has run a profitable business at tcniso.net since 2003, selling unlocked cable modems. (The site is now offline.) Harris has been charged with conspiracy, aiding and abetting computer intrusion, and wire fraud. Wired quotes Harris's reaction: "I read the indictment — it's complete bull****. I'll tell you right now I'm not going to plead guilty."
I did RTFA. His biggest misstep that brought attention to his actions was running a company that sold uncapped and hardware modded modems. He sold a couple to undercover feds. That was a Bad Idea. Selling hacked equipment that is designed to overcome preset bandwidth limits or provide unauthorized (free) service by cloning mac addresses of other authorized modems seems like "aiding and abetting". Running uncapped modems on Comcast's network would also seem like wire fraud (fraudulent activity involving electronic equipemnt) to me.
Comcast owns their network and sells you access based on bandwidth. More bandwidth costs more. If you find a way to circumvent their bandwidth limits, you are breaking your agreement with them (as well as violating the DMCA). Modding your own cable modem and running it on your own cable network is ok. Running it on someone elses is not.
Hacking to gain knowledge/enlightenment is one thing. Using that knowledge to steal service is uncool.
What intrigues me is the fact that cable co's are trusting END USER EQUIPMENT to enforce limits that should be imposed at their own network ingress.
Besides, what if someone creates a DOCSIS compliant device of their own and hooks it up to the cable network? Considering how eager companies are to pounce for it, you're almost certain to run afoul of a few patents in the process, but you're clear in copyright, and hence immune to the DMCA as well, since the only copyright involved would be your own.
Knowingly and willfully taking more bandwidth than you've paid for is fraud and should be treated as such. Everything else is bullshit.
He says that the telcos bought some of his hacked modems to use as test/diagnostic equipment. If he has invoices and receipts, then he may have a legit defense.
Why would they (service personnel) want hacked modems? Maybe to be able to alter the MAC on the test machine at will to clone a client's modesm's MAC address so they can determine that the clients' modems' MAC address is routable from the customer's location, and that maybe the clients' modem is defective after all ...
Because they can fearmonger alongside claiming these powers.
Do you hear fearmongering about Saddam anymore? Nope, because he's dead. Saddam's execution was used for a short term goal... the elections which took place just days after his death.
The OP asked why they haven't caught Osama, and I'm just asserting that perhaps it is not in the government's interest to do so.
Do what thou wilt shall be the whole of the Law
It's also illegal to tint your car windows too darkly as someone could have a gun and the police wouldn't be able to see it. I've seen people get fines for their windows, I've never seen a tinting shop get in trouble.