US Cable Support > Mediacom > [CA] *NOT ASKING HOW* Is it legal to uncap?

reply to redking

Re: [CA] *NOT ASKING HOW* Is it legal to uncap?

reply to redking
"Uncapping, in the context of cable modems, refers to a number of activities performed to alter one's internet service provider modem settings. It is sometimes done for the sake of bandwidth (i.e. by buying a 512kbit/s access modem and then altering it to 10Mbit/s), pluggable interfaces (as by using more than one public ID), or any configurable options a DOCSIS modem can offer.

Uncapping may be considered an illegal activity and many internet service providers check modem configuration files nightly to detect uncapped modems. If caught, uncappers risk possible account termination and/or prosecution for theft of service.[citation needed] Note that regardless of legality, uncapping may be a violation of the Terms of Service agreement that the customer has with the ISP."

Also...

»Nailed to the Wall

"Ohio police this past summer shocked broadband users nationwide by engaging in an unprecedented and frighteningly severe crackdown of area customers who had uncapped their cable modems. In conjunction with the FBI, 17 Buckeye cable users were served warrants, seven of whom had their possessions taken, face fifth-degree felony charges (punishable by up to one year in prison), and have had their lives changed forever. For the record, uncapping ( hacking your modem in order to gain access to untapped bandwidth) is not legal. Those who perform the practice can expect retaliation from their broadband provider, and should expect serious repercussions for doing so. That said, one Ohio ISP has taken punishment for the practice to an unprecedented level that should raise the eyebrows of providers, customers, and concerned citizens alike."

So...like everyone said, it's against TOS and IS ILLEGAL.

So just drop it now, thanks.

reply to redking

reply to redking
You know what? Go for it, obviously that is what you want to hear, so uncap that thing and max it out. Enjoy your speeds. Also you are not too bright as they know who you are since you asked for help from someone here.

reply to redking
Say Hi to bubba for me, I heard he likes "uncapping" your "purdy" teeth! Now that I had to weigh in TWICE can we PLEASE lock this thread???

Because you commented, this needs to be locked? It's not your decision? No? Well, there you go.

reply to Cheese

Re: [CA] *NOT ASKING HOW* Is it legal to uncap?

reply to redking

quote:

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CALIFORNIA PENAL CODE 502(c)
"COMPREHENSIVE COMPUTER DATA ACCESS AND FRAUD ACT"

(1) Knowingly accesses and without permission alters, damages,
deletes, destroys, or otherwise uses any data, computer, computer
system, or computer network in order to either (A) devise or execute
any scheme or artifice to defraud, deceive, or extort, or (B)
wrongfully control or obtain money, property, or data.

(2) Knowingly accesses and without permission takes, copies, or
makes use of any data from a computer, computer system, or computer
network, or takes or copies any supporting documentation, whether
existing or residing internal or external to a computer, computer
system, or computer network.

(3) Knowingly and without permission uses or causes to be used
computer services.

(4) Knowingly accesses and without permission adds, alters,
damages, deletes, or destroys any data, computer software, or
computer programs which reside or exist internal or external to a
computer, computer system, or computer network.

(5) Knowingly and without permission disrupts or causes the
disruption of computer services or denies or causes the denial of
computer services to an authorized user of a computer, computer
system, or computer network.

(6) Knowingly and without permission provides or assists in
providing a means of accessing a computer, computer system, or
computer network in violation of this section.

(7) Knowingly and without permission accesses or causes to be
accessed any computer, computer system, or computer network.

(8) Knowingly introduces any computer contaminant into any
computer, computer system, or computer network.

(9) Knowingly and without permission uses the Internet domain name
of another individual, corporation, or entity in connection with the
sending of one or more electronic mail messages, and thereby damages
or causes damage to a computer, computer system, or computer
network.

---

quote:

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Federal Statute 47 U.S.C. 553

Unauthorized reception of cable service

(a) Unauthorized interception or receipt or assistance in intercepting or receiving service; "assist in intercepting or receiving" defined

No person shall intercept or receive or assist in intercepting or receiving any communications service offered over a cable system, unless specifically authorized to do so by a cable operator or as may otherwise be specifically authorized by law.
For the purpose of this section, the term "assist in intercepting or receiving" shall include the manufacture or distribution of equipment intended by the manufacturer or distributor (as the case may be) for unauthorized reception of any communications service offered over a cable system in violation of subparagraph (1).

(b) Penalties for willful violation

Any person who willfully violates subsection (a)(1) of this section shall be fined not more than $1,000 or imprisoned for not more than 6 months, or both.
Any person who violates subsection (a)(1) of this section willfully and for purposes of commercial advantage or private financial gain shall be fined not more than $50,000 or imprisoned for not more than 2 years, or both, for the first such offense and shall be fined not more than $100,000 or imprisoned for not more than 5 years, or both, for any subsequent offense.
For purposes of all penalties and remedies established for violations of subsection (a)(1) of this section, the prohibited activity established herein as it applies to each such device shall be deemed a separate violation.

(c) Civil action in district court; injunctions; damages; attorney's fees and costs; regulation by States or franchising authorities

Any person aggrieved by any violation of subsection (a)(1) of this section may bring a civil action in a United States district court or in any other court of competent jurisdiction.
The court may -

(A) grant temporary and final injunctions on such terms as it may deem reasonable to prevent or restrain violations of subsection (a)(1) of this section;

(B) award damages as described in paragraph (3); and

(C) direct the recovery of full costs, including awarding reasonable attorneys' fees to an aggrieved party who prevails.
(A) Damages awarded by any court under this section shall be computed in accordance with either of the following clauses:

(i) the party aggrieved may recover the actual damages suffered by him as a result of the violation and any profits of the violator that are attributable to the violation which are not taken into account in computing the actual damages; in determining the violator's profits, the party aggrieved shall be required to prove only the violator's gross revenue, and the violator shall be required to prove his deductible expenses and the elements of profit attributable to factors other than the violation; or

(ii) the party aggrieved may recover an award of statutory damages for all violations involved in the action, in a sum of not less than $250 or more than $10,000 as the court considers just.

(B) In any case in which the court finds that the violation was committed willfully and for purposes of commercial advantage or private financial gain, the court in its discretion may increase the award of damages, whether actual or statutory under subparagraph (A), by an amount of not more than $50,000.

(C) In any case where the court finds that the violator was not aware and had no reason to believe that his acts constituted a violation of this section, the court in its discretion may reduce the award of damages to a sum of not less than $100.

(D) Nothing in this subchapter shall prevent any State or franchising authority from enacting or enforcing laws, consistent with this section, regarding the unauthorized interception or reception of any cable service or other communications service.

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Anyone with common sense knows it's illegal...

reply to DrDrew
Please cite the law specifically like I did.

I could have included all of the subsections, but I only included the one pertaining to the actual crime.

reply to Cheese
See my previous post, I already quoted you on that before you even said it

I even added in the hurr durrs to show how smart you are

reply to redking

I think it's time to stop feeding the troll...

This guy is an idiot!!

reply to redking
correct me if I'm wrong, but if your on a hub, card, or node and there is so much b/w allotted for your area, and you uncap your modem, then you're actually taking away b/w from others in your area. I had a friend in a different state that did this. his b/w was amazing (2002), back in the days when MC was 1.5 down / 128 up. ISP was NOT MC. he got caught in a few days and his service was suspended, and he had to wait for several months before they would accept him again as a customer. so if your taking extra b/w away from others. it cant be a good thing. also he said he got a visit from the local police. there must have been some sort of legal issues.

reply to redking

Oh my God you guys, this guy is clearly a troll. The only thing MediacomChad should be working with him on is the date of termination for his account. IF he is even in fact a real customer, which I am seriously beginning to doubt.