ptrowski
Got Helix?
Premium
join:2005-03-14
Putnam, CT
clubs: | Great website...
Spelling and grammar issues abound. |
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Matt
Take me down to the paradise city
Premium
join:2003-07-20
Jamestown, NC
 ·North State Commun..
| said by ptrowski  :Spelling and grammar issues abound. Funnily enough, I could tell that from the quoted comment at Wired. Why is it the imbeciles are always the first to threaten a lawsuit?  |
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Matt
Take me down to the paradise city
Premium
join:2003-07-20
Jamestown, NC
·North State Commun..
|  Criminals must brag
said by Article :
There's some interesting legal murky ground here, and ironically if Swingler had just quietly sold the units without bragging about their intended use.
All criminals have a need to brag about their exploits, this yahoo is no different. If he really was a botnet master too, I hope the FBI makes an example out of him. |
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fireflier
Coffee. . .Need Coffee
Premium
join:2001-05-25
Limbo
 ·Skype
| He's just getting started
I'm betting once the justice system is done with him and the records of who bought these devices are made public, lawsuits will abound from ISPs all over the country against this idiot and the people who purchased his "modded" products.
Guess I shouln't be surprised he allegedly had former ties to a botnet as well. . .
--
Tradition: Just because you've always done it that way doesn't mean it's not incredibly stupid. --despair.com |
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ptrowski
Got Helix?
Premium
join:2005-03-14
Putnam, CT
clubs:
·VOIPo
 ·Metrocast Communic..
·AT&T DSL Service
·ViaTalk
| reply to Matt
Re: Great website...
said by Matt :said by ptrowski :Spelling and grammar issues abound. Funnily enough, I could tell that from the quoted comment at Wired. Why is it the imbeciles are always the first to threaten a lawsuit? I always wondered that.
--
"So, Lone Star, now you see that evil will always triumph because good is dumb."
Have you been touched by his noodly appendage? »www.venganza.org |
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Doctor Four
My other vehicle is a TARDIS
Premium
join:2000-09-05
Dallas, TX
 ·AT&T U-Verse
| reply to Matt
said by Matt :Why is it the imbeciles are always the first to threaten a lawsuit? An imbecile indeed. I seriously doubt any lawsuit he threatens is going to get anywhere, what with him facing criminal charges. About the only reason he is going to need a lawyer is criminal defense.
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"The trouble with computers, of course, is that they are very sophisticated idiots." - Doctor Who (from Robot)
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Nightshade
sic semper tyrannis
Premium
join:2002-05-26
Salem, OR | reply to Matt
Re: Criminals must brag
My personal favorite is when he said, "The modem steals the internet."
You can't steal something that is essentially free in the first place. If you're going to brag about something, criminal or not, at least get your facts straight. |
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ptrowski
Got Helix?
Premium
join:2005-03-14
Putnam, CT
clubs:
·VOIPo
·Metrocast Communic..
·AT&T DSL Service
·ViaTalk
| said by Nightshade :My personal favorite is when he said, "The modem steals the internet." You can't steal something that is essentially free in the first place. If you're going to brag about something, criminal or not, at least get your facts straight. I was wondering why my speeds have been low at night. Everyone is stealing my internet!!!!
--
"So, Lone Star, now you see that evil will always triumph because good is dumb."
Have you been touched by his noodly appendage? »www.venganza.org |
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BosstonesOwn
join:2002-12-15
Everett, MA
clubs: | reply to ptrowski
Re: Great website...
Websites like this are why.
»www.whocanisue.com/
It is really getting out of hand. |
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RadioDoc
58ef2c0
Premium,ExMod 2000-03
join:2000-05-11
·AT&T Midwest
| reply to fireflier
Re: He's just getting started
Possession of this equipment is not illegal so the customer list is not relevant to the prosecution. That someone bought one of these is not proof that it was ever used.
This dope attracted attention because of how he was marketing the modems.
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Toolmaster of La Grange. |
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mlundin
join:2001-03-27
Lawrence, KS
·Sunflower Broadband
·Comcast
| I still don't see how this is illegal
What's the problem here? Bad marketing? Is it illegal for me to sell a gun or knife that I've marketed as something that "allows you to kill people" or "allows you to rob banks"? Sure, it is bad marketing, but I don't think so... The people using the devices for the wrong reasons are the ones who should be held accountable.
I also don't think there's much of a case against Wired - they're just reporting the news. |
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Rob
In Deo speramus, God Bless the USA
Premium
join:2001-08-25
Kendall, FL
·Comcast
| said by mlundin :What's the problem here? Bad marketing? Is it illegal for me to sell a gun or knife that I've marketed as something that "allows you to kill people" or "allows you to rob banks"? Sure, it is bad marketing, but I don't think so... The people using the devices for the wrong reasons are the ones who should be held accountable. I also don't think there's much of a case against Wired - they're just reporting the news. Nope. But it would be illegal for you to sell guns with the serial numbers scratched off and on your website you put "You can kill people without this gun being traced!" |
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insomniac84
join:2002-01-03
Schererville, IN
| He will probably get off
It sounds like the FBI wants to go after "hacked" modems. But from what it sounds like the hardware and the firmware it comes loaded with is perfectly legal. If he was only selling the hardware and offering the directions on how to get the illegal service for free on the side, how are they going to charge him with anything?
Offering information on how to do something illegal is not a crime. If he specifically walked someone through the process maybe they can get him on an instance of assisting someone to steal service, but charging him for giving out free information shouldn't work. |
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insomniac84
join:2002-01-03
Schererville, IN
2 edits | reply to Rob
Re: I still don't see how this is illegal
But there are laws pertaining to gun serial numbers. That isn't even what is happening in this case. Plus if the majority of his customers are outside the U.S. what is the FBI's case? One instance of helping one guy in the U.S. steal service? That of course only works if they can prove he coached him do it and didn't just provide a FAQ.
It's the cable companies fault for basing it's security on something that is not secure. It has happened where a whole batch of motherboards from one company has all had the same MAC address and MAC addresses are not some sacred thing that is illegal to play around with. Cable companies should be putting hardware filters on the line to prevent unauthorized devices on the network. |
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bender
Bite my shiny metal ass
Premium
join:2005-03-19
Evanston, IL
clubs:
 ·T-Mobile US
·Vonage
·AT&T U-Verse
·AT&T Midwest
·Mediacom
| blah
I'm not sure but I'm thinking that selling an electronic device that has been modified to operate in a way that it isn't intended to or in a way to violates some FCC rule or other law kinda makes you liable. i may be wrong. I'm also thinking he was pry in possession of some of the devices when they apprehended him. |
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Karl Bode
News Guy
join:2000-03-02 | reply to BosstonesOwn
Re: Great website...
That's too funny... |
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Sammer
join:2005-12-22
Canonsburg, PA
| reply to insomniac84
Re: He will probably get off
said by insomniac84 :Offering information on how to do something illegal is not a crime. Under certain laws like the DMCA it can be! Insider trading is another. |
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netwire
Premium
join:2001-04-27
Mooresboro, NC
·RoadRunner Cable
·Millenicom
·Sprint Mobile Broa..
·Vonage
| reply to bender
Re: blah
said by bender :I'm not sure but I'm thinking that selling an electronic device that has been modified to operate in a way that it isn't intended to or in a way to violates some FCC rule or other law kinda makes you liable. i may be wrong. I'm also thinking he was pry in possession of some of the devices when they apprehended him. I do not think you read the news posting. It said he was using a stock firmware from the manufactor - no something he made himself. He did not really "hack" the modem he simply loaded a different manufatour-made firmware. |
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Lamerz
@comcast.net
| Waste of taxpayer dollars....
It's sickening to see the feds go after this kind of crap when everyone knows it won't hold up in court unless Tom did really help the users / clients get online by providing valid HFC MACs which were already provisioned into the ISP's Database, I know there's a few ISPs that have security so lax to where you could just get online with a unregistered HFC MAC by simply bypassing their DNS Servers w/ a 3rd party one... So basically it's the ISP's fault for making it this easy for people to get on. Feds need to be going after terrorists or do something more productive...
This just attracts too much attention to this kind of thing which isn't what the Cable ISPs certainly want cuz now the Fed has just brought more people into this kind of hobby for the wrong reasons... Good job... Now every ISP is probably gonna suffer a huge bandwidth demand from all these people goin' ape crazy over this thing and wanting more speed after years of being capped by their ISP.
The ISP has the power to stop it but they WON'T due to lack of funding or stupid hiring practices... It's so silly easy to stop this kind of hacking on the ISP side. |
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PapaMidnight
join:2009-01-13
Baltimore, MD
| Guy could have a point
I hate to say it but the guy could have a point. None of his testimonials which reports (used Google cache as well) it was "Last Updated: July 16th, 2008" specifically mention he stated it would allow them free internet. Two of them imply they merely uncapped their modems.
Additionally, his about page, "Last Updated: October 6th, 2008", states exactly as follows:
CableHack does not encourage its users to use these modems illegally in any way, shape, or form. These modems are specifically for educational use only. We supply you only with a Motorola shelled diagnostic firmware with no settings changed. What you do with your product upon purchase is your responsibility.
So if the guy wishes to file suit for libel, he may have a point, but as for the FBI, they've more than likely got him. Then again, not to say this wouldn't be the first government enforcement agency screw up if we all recall this little incident: »www.gamepolitics.com/2007/08/04/···ftermath |
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