N3OGH
Bear patrol must be working like a charm
Premium
join:2003-11-11
Philly burbs
 ·Verizon FIOS
 ·Verizon Online DSL
| reply to JakCrow
Re: If it's my hardware........
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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medici
join:2001-02-22
Shohola, PA | It is in PA. And it might be subject to interpretation elsewhere if you use VoIP. |
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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 DadeMurphy
By PA law it is. The statute specifically states "Internet access" in the definition of telecommunications, as noted in the text of my previous post.
If the statute specifically states "internet access" , how then, is Comcast High speed INTERNET not telecommunications?
Just askin'' |
|
FreeBSDNut
@pacbell.n
|  Because the FCC recently declared that cable modem service is *NOT* a telecommunications service, so telecom laws do not apply. DSL was declared a telecommunications service even though it does the same thing, and is subject to regulation, and telecom law. |
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sharksfan3
Premium
join:2004-02-16
Poughkeepsie, NY | At the fed level you might be ok... but not the state. |
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