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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."

129 of 658 comments (clear)

  1. I wish I saw this earlier by areusche · · Score: 2, Funny

    This information is really useful. He should have known better to post that everything he is doing is for "education purposes only" sadly.

    1. Re:I wish I saw this earlier by DJRumpy · · Score: 5, Informative

      That might have worked, if he wasn't actually selling the hacked modems.

    2. Re:I wish I saw this earlier by tomhudson · · Score: 5, Interesting

      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 ...

    3. Re:I wish I saw this earlier by narcberry · · Score: 2, Insightful

      Does this mean aftermarket alterations to my vehicle should be illegal too?

      --
      Modding me -1 troll doesn't make me wrong.
    4. Re:I wish I saw this earlier by Anonymous Coward · · Score: 2, Interesting

      If they go against the emission guidelines for your state, yes, and at least in California 'mod shops' are the next group they're trying to get legislation to let them go after. Currently smog shops and test & repair are fair game, but shops that do alterations, not repairs can't be hit for generating emissions violations.

    5. Re:I wish I saw this earlier by Raptoer · · Score: 2, Insightful

      If they happen to tear the road up more than others, then yes, they would be illegal.
      For a more accurate analogy however, if your alterations somehow caused you to stop paying taxes for the roads, then yes, that would too be illegal.

      Simply put, he sold something that sole purpose was to break the law, then yes, that (should) be illegal.

    6. Re:I wish I saw this earlier by tomhudson · · Score: 4, Insightful

      Simple - he's then in a position to prove his claim that he's a legitimate supplier of legitimate goods, as acknowledged by experts in the industry purchasing and using his equipment.

      Example:

      Your client is arrested and charged with being in the possession of tools to facilitate crime, specifically a pry bar, which is used by burglars, and a body dent puller, which is used by car thieves to pop car locks. Also, a mask with filters, so he's also suspected of terrorism.

      Your client then produces multiple invoices showing that he owns and runs a legitimate automotive garage, and those are just common tools of the trade - and the mask is OSHA-mandated safety equipment for anyone using a paint booth.

      Heck, in Texas it's illegal to walk around with a pair of wire cutters in your back pocket - "might be used for cattle rustling." So what are they going to do - arrest electricians on house calls? They're in violation of the law, but the application of the law doesn't make sense in that context. Electricians need wire cutters.

      In this case, though, he also posted a notice asking for a MAC address for a specific network. The operator of a network buying test equipment would already have these. That's an indication he's guilty, at the very least, in one specific case. He'll be smart to squawk loudly as a tactic to get a plea bargain, and that's what he's doing.

    7. Re:I wish I saw this earlier by NekSnappa · · Score: 5, Funny

      That is the worst car analogy ever!

      --
      I want to shoot the messenger!
    8. Re:I wish I saw this earlier by GameboyRMH · · Score: 5, Insightful

      If anyone starts looking for these, keep in mind that there are two types of license-plate obscuring devices: those that are illegal, and those that don't work.

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
    9. Re:I wish I saw this earlier by mitgib · · Score: 2, Informative

      Electric cars do not pay road use taxes. At least in the US, road use taxes are included in the price of gas at the pump, most states also collect road use taxes at diesel pumps as well. I used to drive an over the road truck, and Arizona did not collect from trucks at the pump, rather you reported your mileage monthly/quarterly, and paid the road use tax within their state. I remember it was cheaper to fill up on the AZ/CA boarder, do your business within California, then fill up again after leaving California and just paying the tax on the fuel you would have purchased.

      --
      Being a spelling & grammar Nazi is a sign you do not poses the intelligence to contribute to the conversation
    10. Re:I wish I saw this earlier by Caldrak · · Score: 4, Interesting

      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.

    11. Re:I wish I saw this earlier by coryking · · Score: 2, Interesting

      If you lease the vehicle, odds are good it would be against the contract and they'd either sue you or charge you to repair the vehicle.

      So in your case it may not be illegal, but it would most likely be a contract violation.

    12. Re:I wish I saw this earlier by sg_oneill · · Score: 2, Interesting

      fucking oath he'd be able to ask it. Remember its up to the feds to prove it was illegitimate, and that gives him considerable leeway to prove that legitimate uses existed. Since telcos where buying it, its a legitimate product, albeit with capacity for abuse. Case dismissed , embarassed feds with a lot of questions to answer.

      Infact even if telcos where buying it for *illegitimate* reasons, it doesn't matter, as long as he believed it was legit and can prove legit reasons exist.

      --
      Excuse the Unicode crap in my posts. That's an apostrophe, and slashdot is busted.
    13. Re:I wish I saw this earlier by mcgrew · · Score: 5, Informative

      For a more accurate analogy however, if your alterations somehow caused you to stop paying taxes for the roads, then yes, that would too be illegal.

      There was a guy here in central Illinois last year that was making his own biodeisel out of used cooking oil he collected from local restaraunts. They didn't have to pay for disposal of the oil and he didn't have to buy fuel.

      He got in trouble for not paying the state's motor vehicle tax, which is collected at the pump.

      So your analogy is 100% correct; it's happened.

    14. Re:I wish I saw this earlier by harl · · Score: 2, Informative

      People who sell guns are guilty of murder?
      People who sell cars are guilty of DUI?
      People who make airplane engines are guilty of9/11?
      Shouldn't we be locking up the parents of criminals since they made them?

      --
      I find being offended by me offensive.
    15. Re:I wish I saw this earlier by archangel9 · · Score: 2, Interesting

      link to said guy with said biodiesel and said jailable offense? I believe it, but I'd like to read about his "trouble", because if he operated a legit business creating biodiesel in his garage, that would create a whole new issue. He would have to "sell" the biodiesel to himself and report the taxes on the sale. If it's a hobby thing, he'd still be subject to EPA regulations. Not sure that the "tax evasion" is the heart of the matter.

    16. Re:I wish I saw this earlier by FireFury03 · · Score: 3, Interesting

      link to said guy with said biodiesel and said jailable offense?

      I doubt making your own biodiesel and using it is the offence. The offence is not paying a tax you are legally required to pay. In the UK you can run your car on biodiesel if you like, but that doesn't let you avoid paying tax - you have to pay the tax directly rather than it implicitly being included in the fuel price. Think of it as the difference between being employed or self employed - if you are employed then you pay your income tax by PAYE; if you are self employed you don't do PAYE, but this doesn't magically get you out of paying tax, you still have to pay it to the inland revenue at the end of the year.

    17. Re:I wish I saw this earlier by nomadic · · Score: 2, Interesting

      Remember its up to the feds to prove it was illegitimate, and that gives him considerable leeway to prove that legitimate uses existed. Since telcos where buying it, its a legitimate product, albeit with capacity for abuse. Case dismissed , embarassed feds with a lot of questions to answer.

      It's up to the Feds to prove their case, but it's up to the judge or jury to decide how credible his defense is. Just because you can show that it is theoretically possible that you're not breaking the law, doesn't mean you won't (or even shouldn't) get convicted.

  2. Re:fp by ls671 · · Score: 2, Funny

    Be careful, you could be charged with "conspiracy, aiding and abetting computer intrusion, and wire fraud."

    --
    Everything I write is lies, read between the lines.
  3. WOW!!! The Feds must be really working overtime! by Vinegar+Joe · · Score: 5, Funny

    Now when are they going to get around to catching Osama?

    --
    "The average reporter we talk to is 27 years old......They literally know nothing." - Ben Rhodes
  4. What!? by sam0737 · · Score: 3, Insightful

    I didn't RTFA. If I read the summary right, ya may be he can be charged with DMCA, Copyright violation or those stuff .But "conspiracy, aiding and abetting computer intrusion, and wire fraud"? WTF is that!

    It's like charging gunmaker with murder.

    1. Re:What!? by Moryath · · Score: 5, Insightful

      It's called "padding the charges to try to force a plea deal", and it's one of the reasons our justice system is so fucked up.

      Thousands of people plead guilty to shit they didn't do each year, because they're offered the "reasonable" alternative - accept a jail sentence of X amount, OR get 5x the time and financially ruined and never be able to work again because they had the "temerity" to protest their innocence.

      Welcome to America. "Justice" means jack shit here.

    2. Re:What!? by wizardforce · · Score: 4, Insightful

      The act of defrauding the cable provider is illegal but the instructions for the hack that may or may not allow this type of fraud apparently has legal uses as well. Tools are neither good nor evil, the manner in which you use them is what determines the ethics of using those tools. A shovel can help plant a garden and it can also be used for murder, that doesn't mean the shovel is evil, just the use of the shovel for evil purposes.

      --
      Sigs are too short to say anything truly profound so read the above post instead.
    3. Re:What!? by XDirtypunkX · · Score: 4, Insightful

      Yes, but if you provide the tools while actively enabling and encouraging people, then you are aiding and abetting, which is what he was charged with.

    4. Re:What!? by ImYourVirus · · Score: 2, Insightful

      That's like saying a gun store selling bullets is aiding and abetting, give me a break. Next dvd burners will be aiding and abetting...

      --
      Why is common sense called that if it's not common?
    5. Re:What!? by NeumannCons · · Score: 5, Interesting

      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.

    6. Re:What!? by wizardforce · · Score: 3, Informative

      Selling bullets is one thing, selling bullets knowing that it'll end up being used to murder someone specific is quite another. The problem is that it may be difficult to prove the equivalent here. *disclaimer I'm only explaining what I think the GP's position is in regards to aiding and abetting*

      --
      Sigs are too short to say anything truly profound so read the above post instead.
    7. Re:What!? by WilliamX · · Score: 5, Informative
      A shoplifter is told that the court will look positively on his cooperation after being arested, and then is asked did he intend to steal the item(s) when he entered the store, or did he decide to steal them once inside the store.

      He admits he went there to steal the item.

      Petting theft just turned into Felony Commercial Burglary (Burglary being defined in California Penal Code as entering a premises with the intent to commit larceny).

      Will it get pled down? Now he HAS to plea it down and take whatever they offer to avoid a felony record.

      Saw this exact scenario play out when a college student was busted stealing a $20 CD.

    8. Re:What!? by Moryath · · Score: 5, Informative

      And that's a great example of why you should never talk to the cops. EVER.

      It's not their job to be fair. It's their job to get you to say something incriminating. Functionally, it's the cops' job to "aid and abet" the prosecutors' office in getting innocent people convicted.

      Anyone who says different, is a clueless idealistic moron. You have the 5th amendment right to keep your mouth shut for a reason: NEVER say anything to the cops.

    9. Re:What!? by shentino · · Score: 4, Interesting

      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.

    10. Re:What!? by bonhomme_de_neige · · Score: 2, Interesting

      Selling bullets is one thing, selling bullets knowing that it'll end up being used to murder someone specific is quite another.

      So if I am a gun store owner, and I believe someone is going to murder someone, is it illegal for me to sell them bullets? If someone later (after the murder) can show that I knew about the murderer's intention and I sold the bullets anyway, can I be sent to prison?

      Honest question - I genuinely want to know.

      --
      "Why are you watching the washing machine?"
      "I love entertainment, as long as it's clean"
    11. Re:What!? by WilliamX · · Score: 2, Insightful
      "getting innocent people convicted"

      The guy was not innocent.

      He was guilty, just that the charge was overstated for the offense.

      Keep things in perspective.

    12. Re:What!? by XDirtypunkX · · Score: 2, Insightful

      Selling bullets is not aiding and abetting. Selling bullets with a handy guide on murdering your neighbor thrown in is.

      Quite simple really.

    13. Re:What!? by Moryath · · Score: 5, Insightful

      Instructions on how to use (or modify) a tool are instructions on how to use or modify a tool. Nothing more.

      "Illegal" (e.g. not-street-legal) modifications to a car? Done for racing, confined to racing tracks, A-OK. Same thing taken to the street? Not ok. How about utilities that can help you repair your own X-box if it has a dead hard drive? Also plausibly able to "softmod" it, but repairing your own things is a legit use. Should it be illegal?

      Criminalizing the dissemination of information is ridiculous no matter what.

    14. Re:What!? by Xaositecte · · Score: 4, Insightful

      If they can prove beyond reasonable doubt that you sold bullets and a gun to a person you believed was going to use them to kill someone, then yes, you could be charged with a crime.

      Since there are so many legitimate uses for guns, and the gun lobby is so powerful, and it's nearly impossible to prove beyond reasonable doubt that you thought whoever you were selling a gun to was going to use it for non-illegal means, it's very unlikely for this to happen.

    15. Re:What!? by Firehed · · Score: 3, Funny

      You'd probably be charged with something (and reasonably so, in my opinion), though it may vary by jurisdiction. Aiding and abetting, being an accomplice, some sort of failure to inform the police, recklessness, probably plenty of other things. IANAL - but it would seem to fall along the lines of the bartender getting charged (or at least sued) in relation to a drunk driving death for not cutting the driver off or calling a cab for him.

      Why, do you own a gun store? More importantly, am I the target?

      --
      How are sites slashdotted when nobody reads TFAs?
    16. Re:What!? by Belial6 · · Score: 2, Insightful

      He was innocent of what he was accused of. Being charged with a crime that the police and prosecutors know you did not commit is being charged with a crime that you are innocent of. Being guilty of a different or lessor crime does not change this. Police and prosecutors that charge people with crimes they know they did not commit are commiting crimes themselves.

    17. Re:What!? by XDirtypunkX · · Score: 2, Insightful

      Depending on the jurisdiction and if that person did murder someone or not, you may actually be guilty of Negligent Homicide.

    18. Re:What!? by rhook · · Score: 5, Informative

      This may come as a shocker but the body armor police use wont stop most rifle rounds. "Cop Killer" bullets are a myth.

    19. Re:What!? by gordguide · · Score: 3, Interesting

      I've always been struck by the system of justice in the US where, if you plead guilty, you "save the state the cost of a trial".

      In most countries where the law is based on English Common Law (Canada, UK, Australia, etc) there is always a trial, to establish the facts of the case, to establish the exact culpability of the accused, to determine the extenuating circumstances. There is always a pre-sentence report, often a psychological assessment, etc. There is no procedural difference between a case where the defendant pleads guilty and where he pleads not guilty, and the defendant can change his plea at almost any stage of the trial. Occasionally, a judge will refuse to accept a Guilty plea from the defendant, insisting he wait until the evidence has been presented.

      There are no misdemeanor options to fall back on; everything is the equivalent of a felony (precisely, they are all Criminal convictions, which the US considers equivalent to Felony convictions when assessing the seriousness of a record for a potential visitor, immigrant, etc). A conviction of the charge of theft of a single CD is a Criminal Code conviction; there are no other options.

      The only times when you can plead guilty and avoid a trial is when the charge truly is a misdemeanor; eg traffic court.

      This eliminates the incentive to create a system of law as exists in the US, with one or more applicable charges that carry huge penalties, along with a cascade of ever lesser charges and classes of charges, with corresponding lesser maximum penalties, which are then used (as you point out) to elicit guilty pleas.

      It also insures that you have an opportunity to defend yourself without onerous implications should you not prevail, for whatever reason.

      The truly innocent are placed in a very difficult position under the standard practices of US law (and standard procedures of prosecutors to elicit convictions).

    20. Re:What!? by No+Eye+Deer · · Score: 2, Informative

      Isn't he supposed to be "innocent until proven guilty" under American laws?

    21. Re:What!? by Xiterion · · Score: 2, Informative

      You certainly have a funny concept of not guilty of a felony then. It's an unfortunate side effect of our justice system where in order to keep freedoms you might want you have to defend the semi-bastards, such as the guy described by the GP. A $20 cd does not deserve a felony.

    22. Re:What!? by chaboud · · Score: 4, Insightful

      Criminalizing the dissemination of information is ridiculous no matter what.

      BINGO! As soon as you peel back the line on this one, you open up a grey area of ridiculous criminalization. The modem itself, modified, is like a VCR, a gun, a car, or a goat. Sure, there are illegal things that you can do with all of them, and some of them are really best used for illegal purposes (hint... not the goat). Still, that shouldn't make the provision of these things illegal. It's information or a tool. It's intent agnostic.

      Now, the instruction can indeed constitute participation in a crime, but telling someone to go do something is way different than telling someone how to go do something.

      Example:

      Hey, Joey, go kill that guy.

      or

      Hey, Joey, if you shoot someone in the face, they will probably die.

    23. Re:What!? by WilliamX · · Score: 3, Insightful
      No, technically he WAS guilty of the stated crime, he entered the premises with the intent to commit larceny.

      It's not that they charge crimes that were not committed, its that the overcharge the level of the offense.

      Huge difference.

      Knowing filing charges they know the individual did no commit would lead to sanctions and disbarment.

    24. Re:What!? by dlgeek · · Score: 2, Informative

      That's usually done at by routers at the IP level, not at the lower levels these things operate at.

    25. Re:What!? by WilliamX · · Score: 2, Informative
      Thanks for agreeing with me.

      While he was certainly GUILTY of the felony, it was a blatant overcharge of the level of the crime (provided he didn't have priors).

      Just because he is guilty of it, doesn't mean the charge fit the crime. And being charged with something over the level of the crime doesn't make the person "innocent." They are still guilty, just they deserve a punishment that fits the crime better.

    26. Re:What!? by Fluffeh · · Score: 4, Insightful

      He was innocent of what he was accused of. Being charged with a crime that the police and prosecutors know you did not commit is being charged with a crime that you are innocent of.

      No, if he did in reality go there with the intention of stealing the $20 CD, in that state it would in fact be "Felony Commercial Burglary (Burglary being defined in California Penal Code as entering a premises with the intent to commit larceny)". The police simply dropped it to a smaller petty theft (at the same time making it stick without a costly court case) as it was indeed a $20 CD.

      I am probably in a minority here, but I think the police acted in the right way, the person got what they should have gotten. The punishment for petty theft for committing petty theft.

      --
      Moved to http://soylentnews.org/. You are invited to join us too!
    27. Re:What!? by tftp · · Score: 3, Informative

      So if I am a gun store owner, and I believe someone is going to murder someone, is it illegal for me to sell them bullets?

      IANAL, but your belief alone requires you to do something to prevent the murder. Practically, you should call police and give them the facts. As I understand, it is illegal to know about the future crime and keep that knowledge to yourself.

      In other words, if the customer says "Ten 9mm rounds, please, I need to accidentally kill my business partner" you certainly shouldn't sell him what he asks for, even if he is joking. Considering the venue, you may well be expected to do a citizen's arrest (many gun store clerks are armed.)

      If someone later (after the murder) can show that I knew about the murderer's intention and I sold the bullets anyway, can I be sent to prison?

      Most definitely, IMO, as an accomplice. There was a recent case (a week ago) when, IIRC, three street thugs conspired to kill someone; one obtained the gun, another fired it, and third disposed of the weapon. All three got prison terms.

    28. Re:What!? by Nicholas+Evans · · Score: 4, Funny

      What if I'm hunting deer that happen to have body armour on?

    29. Re:What!? by pete6677 · · Score: 2, Insightful

      Neither of these stories had any examples of people who were truly innocent but forced to plead guilty. Prisons are full of people who say they are innocent, yet the vast majority of them are in fact guilty. I'm not saying no innocent person has ever been coerced into pleading to something they didn't do, but there was no evidence of it in your examples. Many inmates who pled guilty claimed to have done so despite being innocent, but hardly ever is that the case. Criminals lie quite often, especially about being innocent.

    30. Re:What!? by tftp · · Score: 3, Interesting

      What if I'm hunting deer that happen to have body armour on?

      That "armored deer" is known as wild pig. Its hide is so rigid that not every bullet can go through it. Hunters have to be very careful while hunting those pigs, and large calibers (or slugs in case of shotguns) are typically required. Wild pigs are a very dangerous game.

    31. Re:What!? by NeumannCons · · Score: 2, Informative

      From what I know of cable co's, they periodically check the settings on their modems (we know they can change them when you upgrade/downgrade service, it follows they can also check the current settings). I know that's how they used to catch uncappers in the past. Kind of a "trust but verify" approach.

      You can attach a DOCSIS device of your own, but unless their equipment allows it onto their tubes (provisions it), you're not going to get any service. You could of course try to clone someone's MAC address, but then you've crossed over into illegal/stealing service territory. A cable company is not going to allow end user equipment onto their network that they have no control over since their whole ISP business model is based on charging for bandwidth.

    32. Re:What!? by tomhudson · · Score: 3, Informative

      There is always a pre-sentence report, often a psychological assessment, etc. There is no procedural difference between a case where the defendant pleads guilty and where he pleads not guilty, and the defendant can change his plea at almost any stage of the trial. Occasionally, a judge will refuse to accept a Guilty plea from the defendant, insisting he wait until the evidence has been presented.

      Nice try, but not really accurate. In cases of summary convictions, there are no pre-sentencing reports, no psych assessment, etc. Also, there is no right to trial by jury for summary offences.

      Canada has plenty of these dual-mode or hybrid offences, where the person can be charged for the same crime either by summary procedure (less serious) or by indictment (more serious).

      Here's the Federal Prosecution Service Handbook.

      19.2 Crown Elections in Dual Procedure Offences

      In dual procedure offences, Crown counsel has the discretion to proceed by summary conviction or indictment. This discretion allows Crown counsel the flexibility of taking the specific circumstances of a case into account to ensure that in each case the interests of justice, including the public's interest in the effective enforcement of the criminal law, are best served.

      19.2.1 Statement of Policy

      When deciding whether to proceed summarily or by indictment, Crown counsel shall examine the circumstances surrounding the offence and the background of the accused. The following factors are of particular importance:

      • whether the facts alleged make the offence a serious one;
      • whether the accused has a lengthy criminal record or a record of criminal convictions for similar types of offences;
      • the sentence that will be recommended by Crown counsel in the event of a conviction;
      • the effect that having to testify at both a preliminary inquiry and a trial may have on victims or witnesses (if procedure by indictment is chosen, this may lead to the preferral of a direct indictment; and
      • whether it would not be in the public interest to have a trial by jury.

      If the accused is charged with a number of offences arising out of the same transaction, Crown counsel should consider entering elections that avoid a multiplicity of litigation. Such a course may benefit the accused, by reducing his or her court appearances, as well as serving the interests of the administration of justice. This approach will be beneficial not only at the trial level, but also in the event of an appeal.

      Where, based on the above criteria, Crown counsel would normally elect to proceed summarily but the limitation period for a summary proceeding has expired, Crown counsel should not elect to proceed by indictment unless:

      • the accused contributed significantly to the delay;
      • the investigative agency acted with due diligence but the investigation continued beyond the limitation period because of the complexity of the case;
      • the particular circumstances of the offence did not come to light until shortly before or at some time after the limitation period expired, and the offence is serious;
      • the accused has refused to give consent, pursuant to s. 786 of the Criminal Code, to have the matter proceed by summary conviction; or
      • the public interest otherwise warrants prosecution

      It's only in trials by indictment that the defendant has the right to choose either a trial by judge and jury, or judge alone, so there are definitely options for how to proceed, for both the prosecution and the defence, and there's just as much bargaining going on as in the US. Bargaining, for example, to being charged via summation rather than indictment, in return for a guilty plea, and a lesser range of penalties (summary convictions are like "punishment lite"). Same as plea bargaining anywhere else.

    33. Re:What!? by XDirtypunkX · · Score: 2, Informative

      From the article: "Indeed, most of the charges in the six-count indictment announced Monday focus on the activities of others. Four wire fraud charges are based entirely on the fact that a juvenile computer hacker known as “Dshock” downloaded TCNiSO’s firmware and used it to steal broadband."

    34. Re:What!? by jcr · · Score: 2, Insightful

      If the bullets were designed to defeat police body armor.. the intended purpose of the bullets would be clear.

      The intended purpose of any weapon is clear: it's to increase the wielder's ability to apply deadly force. A round that can get through police body armor can also go through body armor worn by a well-prepared armed robber.

      There's a reason why we didn't give the government a monopoly on deadly force in this country.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    35. Re:What!? by deimtee · · Score: 2, Informative

      The major advantage of pleading guilty is when it comes to sentencing. Judges and magistrates tend to be more lenient if the accused stands up and says "I did it. I'm sorry. I wish I hadn't and I promise I'll never do it again".
      It also speeds up the trial considerably, which reduces your legal fees.

      --
      I'm guessing that wasn't on their radar screen...
    36. Re:What!? by shacky003 · · Score: 2, Informative

      You're almost correct - As a former Time Warner Cable NOC engineer, I have some experience in this area..

      The headend systems that the cable modems are provisioned with check each modem periodically for their bin file name (provisioning file name) along with a crc on that file to ensure no one is tampering with the works.. There are easily ways around this with hacked firmware, etc, but the only people who would even attempt to circumvent the (still fairly simple) checks are the type of people reading this post :)

      Each time CPE is powered up, or added to the network, if the MAC is said to be correct for that account, then the modem is sent the firmware file for that account's provisioned speed. Many of the hacks out there in the wild don't accept that re-download, and the hack then fails, as the MAC addy is cut off until it does accept the download after ranging is complete..

    37. Re:What!? by narcberry · · Score: 5, Insightful

      I agree with the spirit of what you say, but I'm blown back by what you actually said.

      It's bad for civilians to prepare themselves to kill cops.
      If cops prepare to kill civilians, well, that's ok.

      --
      Modding me -1 troll doesn't make me wrong.
    38. Re:What!? by XDirtypunkX · · Score: 2, Informative

      He may well not have done anything of the sort. However, I imagine the cable companies would be very noisy about the issue being ignored if every avenue had not been pursued. Still, he's only been indicted and he could still come out of this easily without a conviction.

      To get to the stage where you have an indictment a reasonable number of people have to be convinced that there is enough evidence and a sound enough legal argument for conviction to be possible (even if it's not the most likely outcome). The part where he posted a message on the forum himself of what looked like an illegal act is probably a key part of that evidence, because if you're talking about doing it yourself in public you're condoning the behavior.

      The other defendants may well give testimony indicating there was some sort of private communication as well. The indictment PDF won't load for me, so I can't see if that's mentioned at all.

    39. Re:What!? by lordofthechia · · Score: 2, Informative

      What about selling a fine set of hunting knives along with a DVD box set of Dexter?

      http://img269.imageshack.us/i/pbygd.png/

      --
      Georgia Tech, the leader in Chia(tm) technology.
    40. Re:What!? by gordguide · · Score: 2, Interesting

      I thank you for replying with a cut-and-paste summary of Canadian law. Please continue; I will look forward to your summaries of the UK law, and the Australian law, and the other "Commonwealth Countries" I wrote of in my post, along with your learned experiences as to what, exactly, one can expect by way of assessments and pre-sentence reports.

      I've been to many a case where the Crown proceeded by Summary Conviction. Pre-sentence reports, psychiatric assessments, and the like are common. Only last week a person who is charged with a relatively minor offense, proceeding by Summary Conviction, was remanded for a Psychiatric Report, because he acted crazy in a public place; he tried to set himself on fire in an insurance office.

      Your post may be interesting to some, and I thank you for it. Perhaps you might mention that the courts in Canada are under provincial jurisdiction, and practices and typical sentences vary from province to province, sometimes significantly.

      But, I'm sure you've spent time in court in every province in the nation. Please tell me about traveling courts in the Yukon, where a single van or airplane often carries the judge, prosecutor, clerks, bailiff, and defense council for extended travel to remote areas. Someone such as yourself must surely wonder what they talk about. Or did you not know about that either?

      " ... Same as plea bargaining anywhere else. ..."

      Clearly not, but thanks for finally, in the last line, getting back on topic to my post.

      You, sir, have no experience with accused in most situations in the US, obviously. Please tell me of the time someone in Canada was charged with a rape offense carrying a maximum penalty of 25 years in prison and ended up being sentenced, after a plea bargain based on a guilty plea, to misdemeanor sexual assault, a $750 fine, no record.
      http://www.nytimes.com/1993/06/20/nyregion/prosecutor-defends-plea-bargain-in-rape-case.html

      Oh, and that was just the first Google hit.

    41. Re:What!? by JimboFBX · · Score: 3, Interesting

      Yes, I'm pretty sure that knowing that someone is going to murder someone and not doing something about it is in itself a crime. Realistically though, you wouldn't know, but I think if someone walks into a gun shop and says they're going to buy a gun so they can shoot some body, then you cannot sell them the weapon even if they appear to be just joking.

    42. Re:What!? by Fulcrum+of+Evil · · Score: 5, Informative

      Not to my knowledge. If you know someone is planning a crime, then sure, you are obligated not to help them, but in the general case, you have no duty to report it. Here's some random internet discussion on the subject: link link. Nothing I could find mentions mere knowledge of planned felonies - all refs required concealment or aiding in commission of the crime.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    43. Re:What!? by Fulcrum+of+Evil · · Score: 2, Informative

      No, they refer to teflon coated bullets and you can buy them, just not make them. Also, if you really want to penetrate body armor, use .338 Lapua from 500m (for bragging rights) or get a .22 and learn how to aim properly. The AP ammo banned seems to only handgun bullets fully composed of hard alloys and ones with a really heavy jacket.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    44. Re:What!? by tomhudson · · Score: 3, Interesting

      1. You specified common law. Most of Canada is common law, and my post disproves that what you said applies to "common law" generically.

      2. Why not look at the plea bargain in the Roman Polanski affair if you want something that doesn't pass the smell test?

      BTW, the maximum sentence for sexual assault when tried as a misdemeanor in Canada is $2,000 + 6 months. The minimum is an absolute discharge. Aggravated sexual assault, on the other hand, can get you life.

      To put this in context, we just gave a life sentence to a genocidal nutbar from another country who thought that Canada would be a safe place for him.

      'Kill, rape and pillage': Rwandan gets life in jail'
      Published On Fri Oct 30 2009

      MONTREAL-In sentencing genocidal killer Désiré Munyaneza to the harshest penalty possible, Quebec Superior Court Justice André Denis quoted an ancient philosopher who insisted that even when everyone else is going one way, you can always go another.

      "Many Rwandans of all ethnicities, as the proof showed, behaved courageously during the genocide, often paying the price with their lives," said Denis. "The accused, an educated and privileged man, chose to kill, rape and pillage, in the name of supremacy of his ethnic group."

      Handing down a sentence of life in prison with no chance of parole for 25 years, as Munyaneza stood unmoved, the judge added, "Each time a man affirms to belong to a superior race, a chosen people, humanity is in danger."

      Munyaneza, known as "Scarface" to his victims, is the first person to be convicted under Canada's Crimes Against Humanity and War Crimes Act. The 42-year-old father of two will serve his sentence in Canada.

      It's a case watched closely by legal observers because of the implications it could have for similar cases here and abroad and even, some say, for preventing such tragedies in the first place.

      Denis found Munyaneza guilty last May of genocide, war crimes and crimes against humanity during the 1994 Rwandan genocide that saw the Hutu-led extermination of hundreds of thousands of people, primarily ethnic Tutsis.

      A businessman in his home city of Butare, Rwanda, Munyaneza came from a well-known bourgeois family and had a master's degree in economics.

      During the genocide he also acted as a leader among the brutal Interahamwe militia.

      Denis found that Munyaneza, a failed refugee claimant to Canada who was arrested at his home in Toronto in 2005, used his access to vehicles to transport innocent Tutsi to their deaths. He looted Tutsi businesses. He murdered four Tutsi in a store, saying, "All Tutsi must die."

      He called them "vermin."

      He even used sticks to beat to death children who were tied up in sacks, the judge found.

      The defence is appealing the verdict, but a hearing before the Quebec Court of Appeal isn't likely until next year and both sides agree the case will ultimately wind up before the Supreme Court of Canada.

      "We've got what we believe to be a pretty strong appeal," defence lawyer Richard Perras said outside the courtroom.

      The trial was extraordinary in that it took nearly two years and even travelled to Butare to hear witnesses.

      The total cost reportedly reached $4 million.

      Munyaneza's defence contended much of the evidence was faulty, witnesses were hazy on dates, and that many couldn't identify his prominent facial scar.

      But Denis said he believed the prosecution's witnesses, noting Thursday that Munyaneza's witnesses often denied there was even a genocide.

      "We know that to deny a genocide is to kill the victims a second time," Denis admonished.

      Jayne Stoyles, executive director of the Ottawa-based Canadian Centre for International Justice, said in an interview that the sentence "se

    45. Re:What!? by Datamonstar · · Score: 5, Funny

      There was a recent case (a week ago) when, IIRC, three street thugs conspired to kill someone; one obtained the gun, another fired it, and third disposed of the weapon. All three got prison terms.

      It's nice to see that street thugs these days are keeping up on their Agatha Christie.

      --
      The eternal struggle of good vs. evil begins within one's self.
    46. Re:What!? by Hognoxious · · Score: 2, Insightful

      But if he'd been charged with petty theft the case would have probably been dropped - the courts and DA are too busy with other matters. Thus he'd have gotten away with it. And he probably knew that before he stole it.

      Effectively they split the difference, getting the right result.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    47. Re:What!? by Sowelu · · Score: 2, Informative

      Let's ask Wikipedia's article on "Accessory (legal term)": "To be convicted of an accessory charge, the accused must generally be proved to have had actual knowledge that a crime was going to be, or had been, committed. Furthermore, there must be proof that the accessory knew that his or her action, or inaction, was helping the criminals commit the crime, or evade detection, or escape. A person who unknowingly houses a person who has just committed a crime, for instance, may not be charged with an accessory offense because they did not have knowledge of the crime." I'm very sure you'd also get tagged with something nasty if you didn't stop a kid from drowning when you were the only person around. Any action, or inaction, that results in a death is really very harshly penalized! Although, knowing about something simple like high-value white-collar crime and refusing to report it is also a criminal act. Maybe it's all felonies? IANAL by a long shot. Now, if you have reason to believe that reporting it, or not selling the bullets or whatever, would lead to your own personal harm...well, I'm sure you'll get to explain that to the judge.

    48. Re:What!? by NekSnappa · · Score: 2, Informative

      The indictment (.pdf) notes, however, that users openly sought and shared advice on uncapping and stealing cable on TCNiSO.net's public forums. And the FBI allegedly found a single damning message on the forum posted personally by "DerEngel" in 2007. "Does anyone have any verified MAC addresses and/or config files for Phoenix (Az)? If sensitive, just pm me. Rewards will follow :)"

      This from the article makes it seem that not only did he know the potential illegal use of the devices he was selling. He was using the forums on his site to help others use them in that manner. And by saying "if sensitive, just pm me" says that he was aware that it was at least a questionable action.

      As far as the wire fraud, and computer intrusion charges go. It looks as if the modified firmware he sells performs a buffer overflow on the cable companies servers to download config info to allow the users modem to run at higher speeds than the service they have paid for. The buffer overflow trick sure sounds like intrusion to me.

      And using a cable system seems to match wire fraud. I don't know if it has to be a "common carrier" for the wire fraud thing to kick in though. If it does then that part should go away because the to cable companies are always trying to say that they aren't common carriers. That's BS but I think it has been somehow upheld by the feds in some form, FCC regs or something.

      --
      I want to shoot the messenger!
    49. Re:What!? by Spazztastic · · Score: 3, Funny

      Wild pigs are a very dangerous game.

      Whatever you say, Locke.

      --
      Posts not to be taken literally. Almost everything is sarcasm.
    50. Re:What!? by Elky+Elk · · Score: 2, Funny

      Its fine, because only people who deserved it would die.

    51. Re:What!? by evanbd · · Score: 3, Insightful

      He was innocent of what he was accused of. Being charged with a crime that the police and prosecutors know you did not commit is being charged with a crime that you are innocent of.

      No, if he did in reality go there with the intention of stealing the $20 CD, in that state it would in fact be "Felony Commercial Burglary (Burglary being defined in California Penal Code as entering a premises with the intent to commit larceny)". The police simply dropped it to a smaller petty theft (at the same time making it stick without a costly court case) as it was indeed a $20 CD. I am probably in a minority here, but I think the police acted in the right way, the person got what they should have gotten. The punishment for petty theft for committing petty theft.

      In the abstract I agree with you: petty theft should get the petty theft punishment. The problem, though, is that a smarter person with a good lawyer (aka money) wouldn't say any of those incriminating things, and would probably get a plea bargain on the petty theft charge. I can't see how it's a good thing that knowledge and money matter that much when the crime and the evidence are the same. Taking advantage of the unprepared and the poor to stick them with harsher sentences is not justice.

    52. Re:What!? by chadplusplus · · Score: 2, Informative

      "Hey, I'm going to kill my wife. Do you got anything I can use?"
      "Ok, here's some bullets, that will be $20.00"
      Conspiracy begins with "Ok."
      Aiding and abetting begins at "here's some bullets."

      Compare with: Prosecutor: "Everyone in the community knew he was going to kill his wife and you sold him bullets."

      Second fact pattern is a significantly higher burden on the state.

    53. Re:What!? by tresstatus · · Score: 2, Interesting

      i used to work loss prevention for wally world and what you are saying is total bullshit. maybe in the super-overlegislated state of california, but not in the rest of the country. in TN, it isn't a felony unless it is over $500. everything under that usually gets the sentence of 11 months 29 days probation PLUS court cost an retribution. most shoplifters that i stopped never even bothered to get a lawyer. the rules for the company i was at wouldn't allow you to stop someone if you weren't 100% sure they had stolen something. if you stopped someone and they didn't have what you thought they had, you got written up. 2 write-ups and you were gone.

      --
      stephen
    54. Re:What!? by swillden · · Score: 5, Informative

      Apparently you've never seen AP or teflon(illgeal in 90% of places) coated rounds.

      Teflon has nothing to do with bullets' armor piercing capabilities or lack thereof. The reason some AP bullets are coated in Teflon is because they have very hard jackets and the Teflon reduces wear on the gun barrel.

      Teflon coatings are not illegal under federal law; the federal anti-AP ammunition statutes focus on the jacket and core composition, not on coatings. There are a handful of states which ban the coatings.

      for awhile the talons were very popular until they were outlawed as well.

      The Winchester Black Talons are not and were not armor piercing. They were pretty normal jacketed hollowpoints, coated with Lubalox (not Teflon) which gave them the black color. Black Talons were voluntarily removed from the market by Winchester, but have never been banned in any jurisdiction. Winchester replaced them with the very similar Ranger SXT round, which doesn't include the Lubalox coating. Winchester does use the coating on some rifle rounds.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    55. Re:What!? by drinkypoo · · Score: 2, Interesting

      Considering the venue, you may well be expected to do a citizen's arrest (many gun store clerks are armed.)

      I sincerely doubt you could show any legal requirement, but a gun store owner who doesn't report such an utterance to their local PD will find themselves getting a daily ration of shit. It's never a good idea to piss off the police.

      Most definitely, IMO, as an accomplice.

      As it should be. It's certainly true, which is why we have such a strict licensing scheme for being permitted to sell guns and ammo. If it was just about money they'd just have tax stamps or something.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    56. Re:What!? by mayko · · Score: 2, Interesting

      I'm just saying that the Polanski case is a good example of leniency in plea bargaining. It wasn't statutory rape (sex with someone too young to give legal consent), but "rape rape" (to borrow Whoopie's term). He probably portrayed it as statutory rape to those around him, hence their weird "defense" of Polanski.

      This is the part that really blows my mind. Someone that graduated from my high school just got charged with 3 felonies after trying to meet with a 15 year old supposedly to have sex. He is 19. (Btw, 16 is the age of consent here)

      The 3 felonies are:
      1. Conspiracy to commit a felony (statutory rape)
      2. Using an electronic device to commit a crime (texting)
      3. Communicating with someone to commit a crime (this one blew my mind that it is actually a separate felony charge).

      So a 19 year old, who arguably was truly making a "youthful" mistake (and never actually had any sexual contact with this girl), will get strung up, while a disgusting rapist has a celebrity signed petition. This country makes me fucking sick.

    57. Re:What!? by duguk · · Score: 4, Funny

      Depending on the jurisdiction and if that person did murder someone or not, you may actually be guilty of Negligent Homicide.

      Or if that person did murder someone from TV's "The Hills" or Paris Hilton, you may actually be guilty of Negligible Homicide.

      Or if you murder someone in a pink girly dress, you may actually be guilty of Negligee Homicide.

    58. Re:What!? by CompMD · · Score: 2, Interesting

      No, they are not a myth.

      There are armor piercing pistol rounds available to civilians. The 7.62x25mm Tokarev round is capable of penetrating standard issue LE body armor and is even effective as a light anti-armor round against vehicles. It was originally a WW2 high-power pistol and submachinegun round.

      9mm NATO rounds have a hotter charge and higher impact energy than standard 9mm Luger rounds, even though the bullet and case geometry are the same. Winchester makes them but only sells to law enforcement. The FBI uses these in their training MP5s. I do not know what the enhanced ballistic properties of 9mm NATO are though. I don't know about the anti-armor effectiveness of the 10mm Auto round the FBI uses either, but I do know that they are very high power, and that they seriously beat up the standard issue 10mm MP5s so badly that they try to avoid using them because HK doesn't make parts for them anymore.

    59. Re:What!? by nordah · · Score: 2, Informative

      Neither of these stories had any examples of people who were truly innocent but forced to plead guilty. Prisons are full of people who say they are innocent, yet the vast majority of them are in fact guilty. I'm not saying no innocent person has ever been coerced into pleading to something they didn't do, but there was no evidence of it in your examples.

      Here are some examples, 51 of them to be exact:

      In 51 of the 328 exonerations since 1989 – 15% – the defendants confessed to crimes they had not committed. In most of these cases it is apparent that the false confessions were coerced by the police.42

      Samuel R. Gross, et al. Exonerations In The United States 1989 Through 2003 http://www.mindfully.org/Reform/2004/Prison-Exonerations-Gross19apr04.htm

      Keep in mind these are only the false confessions that were caught between 1989 and 2003.

    60. Re:What!? by joeyspqr · · Score: 2, Interesting

      modify this a little ...

      "If they can [come up with a barely plausible scenario] that you [gave away/sold] [a burner/a modem/access to website/cool hardware hack/a torrent/whatever] to a person you [have no idea whether they might] use [to violate copyright/exercise fair use] then yes, you [should] be charged with a crime.
      [Who cares if] there are so many legitimate uses for [a burner/a modem/access to website/cool hardware hack/a torrent/whatever], the [media] lobby is so powerful, [it doesn't matter that it's] nearly impossible to prove beyond reasonable doubt that you thought whoever you were selling a [a burner/a modem/access to website/cool hardware hack/a torrent/whatever] to was going to use it for non-illegal means, [access to a burner/a modem/access to website/cool hardware hack/a torrent/whatever must be prevented at all costs]."

      just sayin'

      --
      +1 fashionably cynical
    61. Re:What!? by tomhudson · · Score: 2, Informative

      Look - YAF -(yet another fuckwit) who shoots their mouth off without even bothering to follow the links.

      " ... BTW, the maximum sentence for sexual assault [rapereliefshelter.bc.ca] when tried as a misdemeanor in Canada is $2,000 + 6 months. ..."

      There is no misdemeanor sexual assault charge in Canada. You are referring to a Criminal Code (in the US, Felony) procedure by Summary Conviction. I could go on, but I'm done. You don't know what you're talking about, and you aren't on topic.

      Did you even follow the link? It's to a CANADIAN RAPE CENTER. Their source: "after sexual assault...; Your guide to the criminal justice system, Department of Justice Canda, Ottawa, Ontario 1991:61-62"

      So, are you going to say that the Canadian Department of Justice doesn't know what they're talking about? You're so full of shit.

      Here's the actual text of the law: Section 271 of the Canadian Criminal Code - and it states that sexual assault can be either an indictible offense OR a misdemeanor.

      Sexual assault

      271. (1) Every one who commits a sexual assault is guilty of

      (a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or

      (b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.

      Indictments == felonies. Summary convictions == misdemeanors.

      Sexual assault is a dual-mode or hybrid offense. It can be a felony or a misdemeanor. It's up to the prosecutor to decide how to proceed - I've posted links to the federal prosecutors' handbook elsewhere in this thread for those who want the gritty details.

      What an idiot.

    62. Re:What!? by sjames · · Score: 2

      I believe you misunderstand me. What you describe is what they actually do every day, I only wish I could disagree.

      But that' not actually what they're *SUPPOSED* to do. It's not actually their job. They are supposed to uphold the law (even the rights of criminals are part of the law) and they are supposed to seek justice. That includes not railroading the innocent or seeking convictions for inflated charges.

      Essentially I'm agreeing with you but refuse to let them off the hook based on "just doing my job".

  5. Welcome to the DMCA by MaerD · · Score: 3, Interesting

    Welcome to the DMCA, the same nonsense that blocks you from selling mod chips. Did you really expect to "circumvent" the locks that cable companies put in place and nothing was going to happen?

    This is why we've been complaining about the DMCA since '98, and why Alan Cox won't set foot in this country. Heck, I'm suprised it's legal to hook up our own equipment to the cable networks at all. Did you get that PC from comcast? No?

    --
    I put on my robe and wizard hat..
    1. Re:Welcome to the DMCA by MobileC · · Score: 5, Insightful

      What has the DMCA got to do with this case?

      --

      Fran
      :):):)
      1st 1st Poster of the new Millennium!

    2. Re:Welcome to the DMCA by Anonymous Coward · · Score: 2, Informative

      circumventing a restricting device. It is okay to do original research, determine how to circumvent a control and then do so. It is not okay (by the DMCA) to then inform someone else how to do so. Ridiculous or not, this is part of the DMCA and has been upheld in court. Sorry, I don't have the citation handy, but a judge justified it by saying something along the lines of "the provision is okay because it provides a legal path for circumvention."

      This provision may have been originally aimed for DVD "protection" to protect the profits of the DVD consortium in licensing fees, but was definitely intended to more generally protect the profits and interests of corporations and consortiums against the interests of the public.

  6. That sucks, sort of. by the_humeister · · Score: 2, Insightful

    After reading the article (yeah, I'm new here), he was selling modems and it appears he wasn't moderating the forums properly. People were discussing how to steal other people's connections on their forums.

    1. Re:That sucks, sort of. by mysidia · · Score: 3, Informative

      So failing to "properly moderate" your forums is a criminal offense now?

      Even slashdot has anonymous cowards, and I doubt they'd delete posts discussing such matters, unless ordered to (by DMCA letter or similar), even if the score was -1, same difference....

  7. Re:WOW!!! The Feds must be really working overtime by ILuvRamen · · Score: 5, Funny

    Probably as soon as he tries to steal broadband lol. That or if he changes his name to Osama Bin Hackin.

    --
    Google's Super Secret Search Algorithm: SELECT @search_results FROM internet WHERE @search_results = 'good'
  8. It's NOT like arresting gun sellers! by erroneus · · Score: 4, Insightful

    Gun sellers have powerful lobbyists on their payroll guaranteeing that the government will not interfere with their profits.

    1. Re:It's NOT like arresting gun sellers! by BeansBaxter · · Score: 5, Insightful

      Not to mention the second amendment. Its kind of part of the bill of rights.

    2. Re:It's NOT like arresting gun sellers! by mysidia · · Score: 3, Insightful

      I was about to retort saying it's like arresting marijuana dealers.

      But then after a bit of thinking.. I realized... they too have powerful lobbyists on their payroll guaranteeing the government will not interfere with their profits.

      In this case, lobbying to keep it illegal. (Making it legal interferes with their profits, since it reduces the price, and makes it easier for new competitors to emerge)

    3. Re:It's NOT like arresting gun sellers! by gatekeep · · Score: 5, Funny

      Also, they have guns.

    4. Re:It's NOT like arresting gun sellers! by SgtChaireBourne · · Score: 5, Insightful

      Not to mention the second amendment. Its kind of part of the bill of rights.

      If you look at the role of guns in the formation of the US as a democracy, you might see that computers are the modern-day equivalent.

      --
      Beta is broken and the link to classic doesn't work. Stop wasting our time or there won't be anybody left here.
    5. Re:It's NOT like arresting gun sellers! by wizardforce · · Score: 2, Interesting

      The second amendment is largely protected because there are enough people defending the amendment to make it meaningful. If there weren't, then I'd say that the second amendment would be just about where the tenth is now: discarded as being "inconvenient."

      --
      Sigs are too short to say anything truly profound so read the above post instead.
    6. Re:It's NOT like arresting gun sellers! by gmhowell · · Score: 4, Insightful

      I've got a feeling that computers are more along the lines of the numerous printing presses out there.

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
    7. Re:It's NOT like arresting gun sellers! by DNS-and-BIND · · Score: 5, Insightful

      It's this sort of blinkered, ignorant thinking that got us the whole "Twitter can save Iran!" thing. How did the whole "turning your web page green in sympathy" thing work out? Who prevailed in the end, people with computers or people with firearms? Modern-day equivalent, my ass.

      --
      Shutting down free speech with violence isn't fighting fascism. It IS fascism!
  9. Prosecution haggling? by vikstar · · Score: 2, Interesting

    "They’re filling in their own blanks."

    Is this a way to haggle up the punishment? Make the defense spend valuable time worrying about completely bogus prosecution claims, and it might neglect other more legitimate claims.

    --
    The question of whether a computer can think is no more interesting than the question of whether a submarine can swim.
  10. Re:WOW!!! The Feds must be really working overtime by mister_playboy · · Score: 5, Insightful

    Who cares? The powers our government have assumed for themselves in the name of "fighting the War on Terrorism" won't be given up even if they catch "Terrorist #1" Osama.

    Osama is more useful to power-hungry US politicians when he is free to roam than dead or captured.

    --
    Do what thou wilt shall be the whole of the Law ::: Love is the law, love under will
  11. Re:WOW!!! The Feds must be really working overtime by Anonymous Coward · · Score: 2, Interesting

    Is it sad that I thought he wrote Obama? Is it sadder that I didn't think he was being sarcastic?

  12. Re:Oh, really? by mweather · · Score: 2, Funny

    The most they would do is put him for a few months into a white-collar, minimum-security resort. You know, they have conjugal visits there?

    Conjugal visits? Mmmm. Not that I know of. Y'know, minimum-security prison is no picnic. I have a client in there right now. He says the trick is: kick someone's ass the first day, or become someone's bitch. Then everything will be all right.

  13. Re:This is not a crime by CSMatt · · Score: 4, Insightful

    As it is, when we have thieves in suits on Wall Street bleeding us dry like giant money-sucking leaches, contractors in war zones raping their employees and getting our soldiers killed, terrorists trying to infiltrate our borders and THIS is what federal prosecutors are doing with their time? Some joker modifying cable modems. You gotta be f'ing kidding me.

    What makes you think that the government is only targeting these cases and completely ignoring the others you mentioned?

  14. Re:This is not a crime by mikeken · · Score: 3, Insightful

    I never really understand the argument where there are more important things for such and such to be doing. There what tens of thousands of federal prosecutors in this country? More workers than work if you ask me... hmm... sounds like an economical fact.

  15. Re:This is not a crime by WilliamX · · Score: 2, Insightful
    Modifying equipment to get a higher level of service than was paid for is, in fact, stealing. Morally and legally.

    And the argument that just because (fill in the blank) is going on and is much more serious, we shouldn't prosecuted lesser crimes...well, that's not exactly logical or desirable either.

    Take the shoplifter I mentioned earlier, just because we have bank robberies going on, does that mean police shouldn't arrest shoplifters? If it was my music store, I'd sure as hell be angry and raising hell at City Hall if the local police said that to me.

    Now, do I think they should trick them into incriminating themselves for more serious charges just to pad felony arrest numbers?

    Absolutely not.

  16. Re:This is not a crime by RyuuzakiTetsuya · · Score: 2, Insightful

    This IS a crime. It's defrauding the cable company by telling the CMTS to let you online when it shouldn't. I'm surprised it took this long to find him, TBH.

    I can compromise an ATM machine with a crowbar, does that make ATMs open targets? No.

    --
    Non impediti ratione cogitationus.
  17. Not criminal? Prove it. by Anonymous Coward · · Score: 3, Insightful

    I looked over the article, and now I'm curious. The Slashdot crowd usually sides with the techie on incidents like this, but is it really justified here? The popular analogy here is that it's akin to charging gun manufacturers with murder. Guns have legitimate uses, such as hunting, or protection. What legitimate use does a modem hacked/modified to access an ISP's services without permission have? A better analogy here would be a gun manufacturer who sells a gun, a kit to turn the gun into an automatic weapon, and detailed instructions on how to get past the security of a specific bank. You can argue that the gun wasn't sold with the intent to facilitate a robbery, but you can't do it with a straight face.

    Of course, I'm open-minded, so someone prove me wrong - tell me what legitimate uses these modified modems have. (Caveat: the use Harris suggested in the article won't fly, unless you can give some very good reasons as to why an ISP wouldn't simply use their own diagnostic gear.)

  18. Theft of Services by westlake · · Score: 2, Informative

    Did you really expect to "circumvent" the locks that cable companies put in place and nothing was going to happen?

    Did you expect your cable TV and Internet service to be free before the DMCA?

      165.15 Theft of services.
    A person is guilty of theft of services when:


      4. With intent to avoid payment by himself or another person of the lawful charge for any telecommunications service, including, without
        limitation, cable television service, ...., telegraph or telephone service which is provided for a charge or compensation, he obtains or attempts to obtain such service for himself or another person or avoids or attempts to avoid payment therefor by himself or another person by means of (a) tampering or making connection with the equipment of the supplier, whether by mechanical, electrical, acoustical or other means, or (b) offering for sale or otherwise making available, to anyone other than the provider of a telecommunications service for such service provider's own use in the provision of its service, any telecommunications decoder or descrambler, a principal function of which defeats a mechanism of electronic signal encryption, jamming or individually addressed switching imposed by the provider of any such telecommunications service to restrict the delivery
        of such service,----


    New York Penal Law Section 165.15 - Theft Of Services.

    Last revised July 30, 2006.

    Selling descramblers will take you into Class E felony territory. Three or four years hard time.

    Theft of Services in New York state has a much broader reach than I can suggest here.

  19. smart guy, good book, ISPs commit the real fraud by hyperion2010 · · Score: 2, Interesting

    I've been reading his book a little bit at a time, very interesting and informative. I don't really see how this is illegal unless you pull a DMCA on it since he is not defrauding anyone. The people he sells these to might be defrauding their ISP. Truth be told I'm more inclined to agree with the position that the real fraud here is the completely artificial pricing schemes and complete scam that is provisioning [not remotely based on the real (physical) limitations of the connection technology] enabled by regional monopolies and a virtual lack of competition in the ISP market.

  20. Does anyone else remember LaMacchia? by Antique+Geekmeister · · Score: 2, Interesting

    If you look back to the old David LaMacchia case, the FBI tried to convict someone running a secretive FSP site on school computers of conspiracy and software theft. It was obvious he was guilty as sin at running a pirate software site, but because he received no money for it (merely stole school resources of bandwidth and computer time), they failed miserably to convict him.

    This idiot, according to the FBI, asked on a bulletin board for the necessary MAC addresses for the Phoenix Arizona area. That was inviting illegal behavior. This is why I don't even make _jokes_ like that about pirating software or computer cracking: because I've explained to people how easy it is to do, I have to keep my nose clean lest someone testify against me.

  21. Re:This is not a crime by WilliamX · · Score: 3, Insightful

    Completely irrelevant examples. The car was capable of it, and you are not stealing anything by modifying it. This is so obviously not on point, it is almost silly. Utility example is the same. As long as you are paying for what you use, there is no stealing of water resulting from you doing your own work. You really need to stay on point.

  22. Re:WOW!!! The Feds must be really working overtime by J_Omega · · Score: 4, Insightful

    Emmanuel Goldstein would agree

  23. Re:This is not a crime by Jah-Wren+Ryel · · Score: 5, Insightful

    Modifying equipment to get a higher level of service than was paid for is, in fact, stealing. Morally and legally.

    Uh, no. Modifying equipment is not stealing, especially when its your own damn property.
    Using that equipment to steal is stealing.

    --
    When information is power, privacy is freedom.
  24. Re:Paperwork infraction by Dunbal · · Score: 2, Insightful

    Seriously, make slum lords live in their buildings, make the banksters who did the fraudulent mortgages...

    Make Make Make Make MAKE!!!

          All arguments for a nanny state. Consider the following:

          "A government big enough to give you everything you want, is big enough to take away everything you have" - Thomas Jefferson

          "Government is at best but an expedient; but most governments are usually, and all governments are sometimes, inexpedient. The objections which have been brought against a standing army, and they are many and weighty, and deserve to prevail, may also at last be brought against a standing government. The standing army is only an arm of the standing government. The government itself, which is only the mode which the people have chosen to execute their will, is equally liable to be abused and perverted before the people can act through it." - Henry David Thoreau

          Be careful what you wish for, or they will be coming for YOU soon. The problem is people wanting the government to MAKE other people do things. The solution is having people with sound ethics and principles, so that no one has to MAKE anyone do anything. This is called parenting, or raising your children properly. However it's a dying art, and we're left with half of the population of spoiled brats screaming for a government that will MAKE the other half of the population who are also spoiled brats do "x". What you will end up with in reality is a huge government that will MAKE everyone broke and oppressed, until the next revolution. History is full of these cycles, and people never learn. The collapse of a country is always preceded by a moral collapse.

    --
    Seven puppies were harmed during the making of this post.
  25. Re:This is not a crime by JStegmaier · · Score: 5, Insightful

    More accurately:

    Car analogy.
    You go to the gas station. You go inside and pay for $20 in gas. You go back to the pump, and modify it to give you $40 in gas instead.

    Utility analogy.
    The water company installs a meter at your house, to keep track of the water you use and charge you for it. You modify the meter to only report half of what you use.

    Really, if you're going to use bad analogies, at least try to make them remotely accurate.

  26. Re:What's this have to do with my rights online? by Datamonstar · · Score: 5, Informative

    RTFA. He ceased criminal activities long ago and now simply sells the unlocked routers. They got him on conspiracy and aiding and abetting computer intrusion and wire fraud because someone bought a router from his group's site and used it to get unlawful access to internet. The biggest piece of evidence beside all that is a post he made on his forum asking for a valid MAC address. Supposedly, just because he (allegedly) asked for the MAC add, he committed all 6 crimes he was convicted of. That's bullshit, he's fighting it and I would too. Definitely a "your rights' issue.

    --
    The eternal struggle of good vs. evil begins within one's self.
  27. Re:Paperwork infraction by tomhudson · · Score: 2, Insightful

    So you're saying I should be free to enact the punishment of my own choosing instead? No need for the "rule of law" at that point, right? I'll just make it up as I go along.

    I think most people would object to that sort of free-for-all.

    Society bands together to protect itself, not just from those outside, but from those inside who choose to harm its' members. So, contrary to your assertion, we should punish people who don't have half-decent ethical restraints . We SHOULD make them suffer the consequences of their actions, so that, if their own ethical compass remains defective, at least the threat of punishment might be a deterent to recidivism.

    So yes, if you don't pick up your dog shit, your front lawn SHOULD be turned into a public doggie comfort station, and you SHOULD have to pick up a MASSIVE AMOUNT of dog shit, so that maybe net time, you'll get your shit together and won't let your dog shit on other people's lawns.

  28. Re:WOW!!! The Feds must be really working overtime by mister_playboy · · Score: 4, Interesting

    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 ::: Love is the law, love under will
  29. Re:Paperwork infraction by Adaeniel · · Score: 2, Insightful

    Rapist? We have some mine fields we need mapped out.

    Your punishment is a bit too harsh. It's way too easy to become a "rapist"/convicted sex offender in this country; even if you never raped anyone.

  30. Re:Paperwork infraction by tomhudson · · Score: 4, Funny

    The punishment SHOULD fit the crime.

    What do you suggest the sentence for spammers should be?

    Isn't it obvious? Convert them to Spam. Soylent Green forever.

  31. Re:This is not a crime by narcc · · Score: 4, Funny

    Wow! Someone found a way to explain this very simple concept without using an unnecessarily complicated analogy involving cars.

    Bravo

  32. Re:This is not a crime by xtracto · · Score: 2, Insightful

    Thank you.

    Please mod this guy up.

    However, is the equipment provided to you by Comcast *your* property?, if it is (or if you bought a "premoded" one then there is no problem.

    --
    Ubuntu is an African word meaning 'I can't configure Debian'
  33. The ignornance, it burns by Sycraft-fu · · Score: 4, Insightful

    Ok for one, the FBI is not the agency that would be going after Osama. The FBI is the federal government's primary police force. As a police force, they are concerned with domestic matters. They deal with things inside the US. They do not chase people in other countries, they don't have any jurisdiction there. To the extent they operate at all in foreign countries, it is as legal attaches and such to give advice and support to local law enforcement.

    Second, while this may be an alien concept to single-minded geeks, people and most especially organizations/agencies can and do work on more than one thing at one. Just because a group is working on X does not mean they cannot also be working on Y. You want this, particularly in the case of law enforcement. I mean my local police force has unsolved murders, a couple quite old. However I do not want them devoting 100% of their assets to that. I am glad they also spend time looking at current burglaries, assaults, and even simple things like directing traffic when a traffic light breaks. Just because there's an open murder case doesn't mean I want them ignoring all their other duties.

    Finally, it may amaze you to learn this, but there are plenty of places hostile to America that someone might hide. When the people there don't like the US, and when it is completely and totally outside of the US's jurisdiction, it makes it real hard to do anything there. It isn't as though Bin Laden (if he's even still alive, guy may well have died of kidney failure) is sitting in a house in New York. He's hiding in a Muslim area in a country that doesn't much care for the US, and probably who's central government doesn't have good control of things. Can't just walk over there with an arrest warrant.

  34. Yes, it is by Sycraft-fu · · Score: 2, Informative

    Gun stores need to be careful about who they sell to. While they aren't liable provided they take necessary precautions, they can well face criminal charges if they don't. A simple example is background checks. Gun stores have to run a background check on all customers through the NCIC. This works basically by them getting your info and then calling the police, who enter it in to their NCIC computer. This either says yes, no, or you are going to have to wait because there's not enough info. IF the answer is no, the gun store can't sell the weapon, and will get in trouble if they do.

    Likewise they can't sell you a weapon if you indicate you intend to use it for an illegal purpose. As a practical matter, most gun stores will tell you to get lost if you are acting sketchy about why you are buying the gun at all. They tend to be very careful about such things.

    In general what it comes down to is if you know someone is going to commit a crime, and you provide them with support in that regard, you can be charged. You can't take the "Well *I* didn't actually commit the theft, I just told him the building to hit, how to get past the alarm, where the goods were, and who to fence them to," approach. If you provided them with aid to commit the crime, you yourself can be charged.

  35. Re:WOW!!! The Feds must be really working overtime by 228e2 · · Score: 2, Funny

    incompitent goverment

    funny irony is funny . . . .

    --
    Since when does being a Socialist mean 'someone who has a different opinion than me'?
  36. Re:What's this have to do with my rights online? by Anonymous Coward · · Score: 2, Insightful

    Offering "rewards" for a verified MAC address in a given region suggests he knew exactly what it was going to be used for, and he was making money off of it. That certainly nails him for aiding and abetting. Even if some of the other charges are bogus, he's hardly an innocent victim.

  37. Re:WOW!!! The Feds must be really working overtime by elrous0 · · Score: 2, Informative

    Because the bogeyman is a lot less scary when he's behind bars or dead. Right now, if the politicians want MORE powers, they can still point to the fact that he's running around out there plotting against us. If they caught or killed him, they could still do that to some extent (by pointing to other lesser-known terrorists) but the fear-mongering wouldn't be as effective.

    --
    SJW: Someone who has run out of real oppression, and has to fake it.
  38. story by jDeepbeep · · Score: 3, Interesting

    And that's a great example of why you should never talk to the cops. EVER.

    It's not their job to be fair. It's their job to get you to say something incriminating. Functionally, it's the cops' job to "aid and abet" the prosecutors' office in getting innocent people convicted.

    Anyone who says different, is a clueless idealistic moron. You have the 5th amendment right to keep your mouth shut for a reason: NEVER say anything to the cops.

    Just last week, I had my trial before a judge for a very borderline DWI where I had blown a .08. To describe the background, after being arrested and being brought to the station, over one year ago, the officers asked if I would agree to answer questions. I told them I would not do so without an attorney present. They asked two more times, and made it sound as if I was about to get in huge trouble if I had the audacity to invoke my rights. I denied to answer questions each of those times. What is interesting is that the fact I was alert enough to both understand my rights, and to practice them, was the final straw and indicator to the judge that I was not both physically and mentally impaired. I was found not guilty.

    --
    Reply to That ||
    1. Re:story by StikyPad · · Score: 2, Informative

      Point oh-eight what? They measure to 3 decimal places... If you were 0.080, then honestly, you were just lucky you didn't blow one 1/1000th of a percent higher, as you undoubtedly would had you been tested just a few minutes earlier. (Unless you were *literally* drinking and driving and hit peak volume after getting stopped instead of before).

      I don't know anyone who's ever killed themselves or anyone else, but I do know plenty of people who've gotten DUIs -- myself included, and most of them just keep pushing their luck. I'm not going to lecture about the risk to others, but the risk to self should be motivation enough. DUI doesn't make you a rebel or a hero, it makes you a fool. Nobody wants to seem like a pussy, but on the contrary, you might be amazed how many people will actually respect you for your restraint (including yourself), no matter how much shit they give you at the time. More often than not, avoiding the wheel after drinking is more difficult than just hopping in the car, but in the big picture it's worth it.

      Anyway, I don't mean to preach, but you know.. driving under the influence is just setting yourself up for failure. Glad you got a second chance, cause the penalties even for first time offenders really suck in most states.

  39. Censorship FTL by clone53421 · · Score: 2, Interesting

    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."

    You know what else is bullshit? Wired can publish the word "bullshit" but apparently Slashdot needs to censor it.

    --
    Alexander Peter Kristopeit bought his basement from his mommy for one dollar.