Ohio cable modem uncappers who were greeted by FBI agents on their doorstop last year receive varying degrees of punishment. -

As we reported last fall, when you uncap your cable modem (increase downstream speeds via software modification), you can expect some retaliation by your cable provider. That's usually some nasty letters, a service disconnection, or charges resulting in a semi-steep fine if criminal charges are pushed. What several broadband customers of Buckeye Cable Systems in Ohio didn't expect, is a visit from the FBI and a hellish trip through the Ohio legal system.

Paul Shryock, vice president of information technology at Buckeye, discovered that twenty three subscribers had managed to uncap their modems and were getting more than they were paying for. According to Shyrock, one subscriber "altered his modem to handle 100 megabits per second, up and downstream", speeds that aren't really possible - but we digress.

Shyrock then used some questionable calculations to place a hefty price-tag on the theft of service, and was somehow able to get the FBI involved in a case their computer crimes division usually wouldn't touch. Of the 23 who were to be served search warrants, 17 actually received visits from the FBI and local law enforcement. Seven wound up being indicted by the local grand jury and wound eventually face fifth degree felony charges.

One of those customers was Brandon Wirtz, a young entrepreneur who wound up face to face with FBI agents and local authorities. We interviewed Wirtz this past January, and were amazed by the lengths investigators were going at the behest of Buckeye. Wirtz not only wound up facing hundreds of thousands in fines, legal fees, and lost revenue, but investigators wound up confiscating the majority of the electronics in his home; much of which had little to do with the actual uncapping.

Investigators confiscated PC's belonging to both Wirtz and his roommate, as well as any gear they could get their hands on, including copies of Windows XP and Visual Studio, an ATMEL Smart Card Writer, and his VCR. According to Wirtz, investigators even briefly considered confiscating his X-box gaming console.

Wirtz, a Windows Media application developer, claims he lost hundreds of thousands in software revenue while he battled the legal system and attempted to reclaim lost hardware (much of which contained his work and client contacts). Eventually he wound up agreeing to pay $3200 in Restitution, $300 for a "diversion program" class, and forty hours of community service. Another offender wound up settling to the tune of $30,000, and others still walked away without paying a dime.

Here's where the story gets interesting however.

The Block family, one of the wealthiest in the region, controls several major area newspapers (including The Toledo Blade), one of the area's television stations (TV5 Toledo), a dial up provider, Buckeye Cable, and much more. As such, their control over the political system in the area is considerable.

According to locals, one of the family's least favorite people has long been George Runner, a former Lucas County assistant prosecutor. Runner had long been disliked by the Block clan and local lawmakers because they thought him to be "overly secretive" in cases he prosecuted for the county, says one area resident.

Runner was at one point accused of stealing county supplies (including items such as packets of coffee), an act which was caught on videotape by a hidden camera. Unfortunately for prosecutors, the camera was placed illegally and the charges were dropped; the resulting embarrassment forcing the resignation of village police chief Lance Martin.

Ironically enough, Runner was one of those charged with uncapping his cable modem, and didn't receive the same early exit from the legal gauntlet many of his fellow uncappers were 'lucky' to receive. Seven of the uncappers were indicted in September of 2002. One case was dismissed. Two offenders struck deals and went through a diversion program (Wirtz being one), and were not prosecuted. Two others were charged with reduced misdemeanor charges and placed on probation, while one other was convicted of a felony and placed on "community control".

The seventh, George Runner, only recently received his day in court. According to a report published yesterday, the case against Runner has been dismissed, because Runner apparently was not properly informed by Buckeye that he could not modify his modem. Wirtz confirmed for us that the company's acceptable use agreement failed to clearly disallow the modification of their modems.

The attorney representing Buckeye Cable had this to say: "Judge Barber’s opinion makes clear that his decision is limited to the highly unusual facts that the state for whatever reason agreed existed in Mr. Runner’s case. Whatever the merits of the ruling, it has no application beyond that case," he notes. "Bandwidth theft is a crime and no one should think otherwise."

Among the many comments generated by our original story and the subsequent Slashdot link, not many disagreed that the act of uncapping your cable modem was a punishable offense (if your TOS indicates it as such). What the majority (us included) found distasteful was the lengths (getting the FBI involved, confiscating materials unrelated to the crime) this particular provider was willing to go to in order to get their point across. Without sounding deeply conspiratorial, it's also not clear that Runner wasn't singled out due to some less than professional motivation.