xpkranger
RIP Georgia Theater
Premium
join:2000-10-27
Atlanta, GA
clubs:
 ·Comcast
| reply to JakCrow
Re: If it's my hardware........
said by JakCrow  :
There are no grounds for legal action over cable modem hacking.
Isn't there something in the EULA or service agreement that a would say different?
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When I die, I want to die like my grandmother, who died peacefully in her sleep. Not screaming like all the passengers in her car.-Author Unknown |
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JakCrow
join:2001-12-06
Palo Alto, CA
| An EULA is only a "contract" between parties. Worse they could do is terminate someone's service and -maybe- bill them something extra. Some cable companies have tried to get people charged with "theft of service" crimes, but since cable internet isn't regulated, theft of service laws don't apply. |
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aitech
Guru. Kneel
join:2000-12-19
Boston, MA
clubs:  | reply to Ronin4740
If you turn off syslogging, and change tree walking - no, they cannot simply "query the modem" and find out what your doing. |
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xpkranger
RIP Georgia Theater
Premium
join:2000-10-27
Atlanta, GA
clubs:
·Comcast
| reply to JakCrow
Perhaps you're right, but I wouldn't want to be the one to test it out, at least not against the lawyers I work for. Besides, I've got 3000K already. (wish I had better upstream though - too bad I can't give back .5 for upstream) Even if it doesn't violate the letter of the agreement, I think that it does violate the spirit. Either way, I'm definitely not going to be the first one to cast a stone. (Graveyards in my closets and all...) Good luck!
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When I die, I want to die like my grandmother, who died peacefully in her sleep. Not screaming like all the passengers in her car.-Author Unknown |
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insomniac
Oh Yeah
Premium
join:2002-09-22
Naperville, IL
clubs:
 ·AT&T Midwest
| reply to b_zen
To re-cap, you should just be able to reset it and let it get the config file from the ISP instead of the customized one from your spoofed TFTP server, right? That's how I understand it, but I have no experience in actually uncapping my modem because I've never seen the risk of losing my service as "worth it."
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If everything seems to be going well, you've obviously overlooked something. |
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pit_viper
1 Shot, 1 Kill, No Remorse, I Decide
join:2002-07-24
Play_Hockey
| reply to JakCrow
said by JakCrow :
There are no grounds for legal action over cable modem hacking.
No but a company can take civil action....
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"Arguing on the internet is like running in the special olympics, even if you win, you're still retarded" |
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Jeremy341
Bye
Premium
join:2000-01-06
localhost
| reply to b_zen
said by b_zen :
By the way, how do you "re"cap your modem???
You "re"boot it, and allow it to get the configuration file off the ISP's TFTP server like it's supposed to. |
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Jeremy341
Bye
Premium
join:2000-01-06
localhost
| reply to nasadude
said by nasadude :
However, if you buy and own your own modem, this amounts to the cable company restricting your use of your property.
You can do whatever the hell you want with your own cable modem, and nobody will say a word. But once you plug it into your cable company's network, you're using their service, and you're agreeing to their rules. If you don't like their rules, you can lease a modem, or go somewhere else. |
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insomniac
Oh Yeah
Premium
join:2002-09-22
Naperville, IL
clubs:
·AT&T Midwest
| reply to AthlGrond
said by AthlGrond :
The cable company places no restriction on what you do with your equipment, they place restrictions on the type of equipment that is allowed connected to their network. (Mod your modem all you like, they don't care so long as you don't try to plug it in to their network.)
That's right. I think this is the same thing as blue-boxing on my phone line, except the penalties for stealing phone service can be harsher since there are specific laws against it.
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If everything seems to be going well, you've obviously overlooked something. |
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JoeBillyBob
@68.87.x.x
| reply to Rexter
You're looking at it all wrong.
It doesn't matter if it's your modem. Your modem is on their network. As long as you are using bandwidth on their network, then you are subject to their speed restrictions. How about if you had a 100Mb pipe and I put my own router into my house and plugged into your network. I then used as much of the 100Mb pipe as I could even though you are paying for the pipe. You wouldn't like that would you? You bought the modem, which means you are responsible for the hardware, not for how much bandwidth you use on someone else's network.
ARSE! |
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b_zen
Premium
join:2002-07-24
Saint Louis, MO
clubs: | reply to Jeremy341
Thank "re"you |
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rchandra
Stargate S G-1 And Atlantis Fan
Premium
join:2000-11-09
14225-2105
clubs:
| reply to Rexter
Look: it boils down to this. You are free to do whatever you want with your hardware, and the cableco is free to do whatever they want with their hardware. On the cableco's part, this would include denying you service and possible pressing criminal charges akin to vandalism for damaging, if not the physical network, the operation of their network. I would find it really surprising if you're connected to a provider that doesn't have a clause in their AUP/ToS that states this sort of thing. Most of them also ask you to ACK that the AUP/ToS is a legally binding contract between the provider and you, and that if you don't agree to them, you must disconnect and not use those services.
I don't know where people like you come up with all this stuff about "I can do whatever I want" without consequences.
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English is a difficult enough language to interpret correctly when its rules are followed, let alone when a writer chooses not to follow those rules. Blog is here |
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dvd536
as Mr. Pink as they come
Premium
join:2001-04-27
Phoenix, AZ
| reply to Qumahlin
said by Qumahlin :
The bottom line is that as is this really does not effect much. It is easy to catch the users who decide to uncap if the ISP wants too and the "etherboot" method of install Sigma is far to challenging to the average user who has no cable making/soldering knowledge
Oh i'm sure soon there'll be a flood of sites offering 'pre-modded surfboards' once this gets out.
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You can never be too rich, too thin or have too much Bandwidth |
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dvd536
as Mr. Pink as they come
Premium
join:2001-04-27
Phoenix, AZ
| reply to aitech
said by aitech :
If you turn off syslogging, and change tree walking - no, they cannot simply "query the modem" and find out what your doing.
No matter what you do to your modem, an uncapped modem will stick out like a sore thumb at the CMTS on their QoS profiles. only way to 'hide' is to uncap to a higher level of service the company offers. on providers like OOL its not possible as they offer only one speed (10000/1000).
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You can never be too rich, too thin or have too much Bandwidth |
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N3OGH
Bear patrol must be working like a charm
Premium
join:2003-11-11
Philly burbs
 ·Verizon FIOS
·Verizon Online DSL
| reply to JakCrow
Perhaps not in California, but in PA, one could argue that Pa. C.S. sec 910 Manufacture, distribution, use or possession of devices for theft of telecommunications systems might. The statute states that:
"Any person commits an offense if... for commission of theft of a telecommunications service or to disrupt,transmit, decrypt, yadda yadday yadda.... or acquisition of any telecommunications service without the consent of the telecommunications service provider."
The statute does specifically mention the modification of devices connected to a telecommunications network, and does not differentiate based on the ownership of the device. The statute also specifically states that the definition of a Telecommunications service is " any service provided by any radio,telephone,cable television, satellite,microwave, or wireless distribution system, including, but not limited to, any and all electronic, data,video, audio, Internet access, telephonic, microwave and radio communications, transmissions, signals and services.
First offense is a misdemeanor first degree, second offense is a felony.
How long do you think it is before Comcast goes after people for uncapping their modems. All they have to do is give the evidence to the local PD and shazamm, your name too, can be on the top of a criminal complaint.
Since I have no desire to be the test case, I will NOT be uncapping my modem. I don't have a legal plan that robust.
Besides, the "It's my hardware" argument is an illogical one, considering your cell phone is your hardware, you're not allowed to tinker with it, your cable box could be your hardware, you can't tinker with it to get free spice channel. Your CAR is your own hardware, but drive it on the road with no plates and no insurance, and expect to get a ticket....
Once again, just my 2 cents |
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DadeMurphy
Rbettenc
Premium
join:2002-07-25
Danvers, MA
clubs: | Cable HSI is not considered telecommunications. |
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Rexter
YeeHaw
join:2002-11-17
cloud 9 | reply to pit_viper
I agree, but they would have to prove damages. |
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Rexter
YeeHaw
join:2002-11-17
cloud 9
1 edit | reply to Wall9
Yes, I am placing blame on the ISP. They need to secure their network on their end. My point is that the DOCSIS standard is stupid to place the controls in the customers equipment, when it belongs in the ISP's equipment. It's just poor network administration. |
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Rexter
YeeHaw
join:2002-11-17
cloud 9 |  reply to pit_viper
Sound advice. I'll go with someone that know how to properly administer their network. Thank you. |
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Rexter
YeeHaw
join:2002-11-17
cloud 9
|  reply to rchandra
said by rchandra :
...all this stuff about "I can do whatever I want" without consequences.
eh
yea, thats what I said. |
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