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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."

64 of 658 comments (clear)

  1. 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
  2. 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 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.

    5. 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.
    6. 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.

    7. 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.

    8. 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.

    9. 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.

    10. 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.

    11. 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?
    12. 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.

    13. 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).

    14. 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.

    15. 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.

    16. 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!
    17. 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.

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

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

    19. 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.

    20. 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.

    21. 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.
    22. 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.

    23. 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"
    24. 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

    25. 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.
    26. 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.
    27. 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.

    28. 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.
    29. 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.

  3. 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!

  4. 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'
  5. 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 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
    6. 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!
  6. 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 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
  8. 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.

  9. 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?

  10. 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.

  11. 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.)

  12. 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 ...

  13. 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.

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

    Emmanuel Goldstein would agree

  15. 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.
  16. 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.

  17. 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.
  18. 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
  19. 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.

  20. 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.

  21. 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

  22. 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!
  23. 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.

  24. 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
  25. 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.

  26. 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.

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    Reply to That ||
  27. 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.

  28. 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.