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Broadband Reports: Interview
Brandon Wirtz, prosecuted for uncapping

When Brandon Wirtz and several other Buckeye Cable customers decided to uncap their modems, they assumed the worst that could happen was that they'd be disconnected. As we reported last November, they were wrong. Wirtz was greeted at his home by FBI agents, had most of his electronics confiscated, and faces hundreds of thousands in fines, legal fees, and lost revenue. Wirtz updates us on his case's progress, and gives his thoughts on his adventures through the Ohio legal system.

BBR: Can you perhaps introduce yourself and offer some insight into the kind of projects you were working on before your run-in with Buckeye?

To introduce my self I am a 23 year old entrepreneur. I work primarily with companies that produce streaming media for the internet. I specialize in solutions for tracking and securing content. My recent projects include the MS Xbox Campaign in the UK, EA Sports FIFA/World Cup campaign, Levis Rub, and others both domestic and in Europe. In addition to these viral marketing campaigns I also publish books on implementing Windows Media, QuickTime, and DivX in to distance learning, presentations, and other video solutions.

BBR: You uncapped your modem how exactly, and for how long?

Let me start by saying that there is no doubt in anyone's mind among those of use who were accused were uncapping. We all were. Uncapping in and of itself is not illegal, and in most cases is not even a violation of the TOS.

Ok, on to how. This is the quick and dirty, not a how to: Buckeye was using the cable config files that CISCO provides as a docsis reference. So there was no need to defeat any security. I just went out to (Cisco's website) used the TFTP software I use to configure routers and pushed up gold.cm to my cable modem.

Was I hesitant to do so? No. Why? My cable contract doesn't say I can't do that. And that I have unlimited, unmetered access and that if Buckeye has the right to terminate my contract or renegotiate if I my use exceeded acceptable limits. So I figured that since I was only getting 64k down 8k up that the worst that could happen is that I'd end up back on a modem until my wireless was installed.

Even then, because My cable modem was always losing sync, the uncap would only last an hour or so. So we uncapped on I think 4 occasions for 2 or three hours when I needed to download something 50 megs or so. The rest of the time data gets shipped via Hard Disk and FedEX (20 gigs moves faster FedEX than Cable).

BBR: Would you mind giving a brief synopsis in your words of what exactly

happened the evening you found plainclothes FBI agents on your doorstep?

It was more of the afternoon, but...oddly there was only one officer who was FBI. And probably 10 Sylvania police.

Door bell rings.

ME: Can I help you?

Plain clothes Female Officer: May we Come in?

Me: No

Female officer and Male Officer Step in.

Female: Are you Brandon (murders my last name)

ME: Yes, but you need to stay outside.

Female: Is there something odd about your cable?

Me: Yeah I get like 5 watchable stations and only when the construction workers aren't here.

Female: Don't be smart with us. Is there something odd about your Cable Modem?

Me: Not that I'm aware of. (half truth)

Female: Is your cable modem uncapped?

Me: Does that work?

Female: that is twice you have been smart,

Guy in a blue jumper walks into the house.

Me: you are all going to have to leave.

Female: We are going to take a look at your computer

Me:No you aren't.

Female: Here is a warrant to search the premisis

Me: Well you can search my room and the commons with this but It doesn't cover my roommates portions.

Female: yes it does.

10 police officers then wandered through our 2000 square foot condo for the next 3 hours. I was told that I couldn't make any calls even to my lawyer. And that I was to stay in the living room and seated. A client who was approaching the house was turned away and told that unless they lived here they would have to leave. She then asked if everything was ok and was told that I was being "busted for hacking".

One of my room mates got home 10 minutes before the police left, just in time to get asked if she knew I was uncapping. She said no, yet was told that if she didn't sign the document she was handed she'd never get her computer back. The document said that the Sylvania police would be given authority to search her computer for fraud related files.

The police left with 8 computers, a VCR, 4 monitors, 6 keyboards, 7 mice, 24 copies of my book on CD ROM, the Cable modem, a linksys Cable modem Router, an ATMEL Smart Card Writer, 4 Smart Cards, 3 DVD+RW Discs and some Misc. Cords. 2 legitimate copies of Windows XP, and 1 Visual Studio Enterprise.

BBR: In our originally published story, some balked at the dollar figures you put forth as losses after you'd run the gauntlet. Can you perhaps elaborate on what was taken, the client deals that fell through, and how this impacted your life?

Right off the bat you have the value of my computers. While 2 of them were 386's and 1 was a pentium 133, the other 5 were highend machines (about $2000 a piece with one valued at $2900). Next you have all the software I own legally. Visual Studio is $2400 in and of itself.

Next you have all the work I had done for clients that had not yet been delievered, so I had to both refund retainers and couldn't do additional work for those clients. I refunded $10k in retainers, failed to deliver a project that was quoted at $22k for the following week, and the product I was planning to release on to the market about 6 weeks from this happening was pulled.

To give a rough idea of what a content management solution with integrated DRM is worth. I had logged 1500 hours in to its development, spent time talking with internet radio stations, joined every windows media group you could find, and made the contact at MS and in Hollywood to make sure that I my product was better than anything out there and that I had a market that would know me and believe me. A typical Streaming Media Host would pay $15-45k for the software I developed (varying on the number of users and such), and I had 15 pre-orders.

So

$11,000 for equipment

$10,000 in returned retainers

$3,000 in software

That is $24k in tangibles,

And $225-400k in software revenue

BBR: Buckeye estimates their losses from the uncapping at well over a quarter million dollars. Have they been able to support this claim mathematically?

No. They have been unwilling to disclose the method used to come up with this number. But my share was supposedly between $15k and $30k That would be the same price as 30-60 cable modems for one year. And I only uncapped for 5 weeks.

BBR: What has the legal outcome been to your struggles, you've indicated the court has reached a settlement? Will confiscated equipment be returned?

We are negotiating for the equipment. Only because it was said that I'll either get a computer back or I won't, and that any data on the drives will only be returned if the computer is. My losses in business could have been $0 if I could have had my data back even the following week.

I'm paying $3200 in Restitution, and $300 for a class on how what I did was wrong. Then I have to do 40 hours of community service in the 90 days after this is all finalized.

January 15th I think this should all be done.

BBR: Do you have any information on what happened to the others who were indicted?

I know a Minor who settled for almost $30k. One who is getting off mostly scott free. And George (Runner, area attorney who faces the same charges), they are out for blood on him.

BBR: Many people who read the original Toledo Blade story are struck by the coincidence that lawyer George Runner, who had previously played a part in the dismissal of a village police chief and was disliked by Buckeye ownership, was one of those targeted. Is this an angle Mr. Runner's attorney is looking at?

I don't think I can comment on Jerome Phillips angle. I know they are fighting bucke-eye and could use an expert witness from an ISP to testify that the $250k is absurd, and while they haven't said his portion I'd expect they think he used even more than my 15-30k.

BBR: Did you contact any consumer rights groups about your situation? Were they of any use to you?

EFF.org was very helpful. Better Business essentially said that if it was in court they couldn't help. The local Cable board was no help. The FCC told me they didn't regulate internet (I tried to convince them that they had just released that Cablemodems were and information service and that they did regulate them, and the person I spoke with got angry and said that I was not to contact them again on this matter).

BBR: You've wisely migrated to wireless, how is that working?

I love it. ComWavz is the best ISP I have had in a long while. They only support their service until like 10pm, but other than that it is great. I was getting 2.5 meg symmetric before it started to snow, and now I get 1.3.

BBR: What's next on you agenda? If you can speak on it, do you intend any counter-action?

First, get on with life. I have hired on a programmer to help me recreate the lost data. (Those saying you should have backed it up, well I did between computers. I figured unless the place burned to the ground I was safe.) We will ship our product as soon as .Net 2003 is final, and beyond that, well I'll wait to comment.
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IHATEATTCOMCAST
@attbi.com

IHATEATTCOMCAST

Anon

Poor Guy

He was made the national example. I really feel bad for this guy.

Pz_
join:2001-03-31
Brownsburg, IN

Pz_

Member

Re: Poor Guy

Unbelievable. Its not even all on the cable service, just the way the officers handled themselves. Pretty typical I guess. Not to mention all the stuff they took out of there. Either they are absolute retards or they just needed some extra equipment/software for themselves. Both I find to be unacceptable.

lazarus_
join:2002-08-31
Resolute, NU

lazarus_

Member

Re: Poor Guy

Why would a ISP go and charge someone like this when they could just implement certain security features that would stop most uncappers...

pnh102
Reptiles Are Cuddly And Pretty
Premium Member
join:2002-05-02
Mount Airy, MD

1 recommendation

pnh102

Premium Member

Re: Poor Guy

said by lazarus_:
Why would a ISP go and charge someone like this when they could just implement certain security features that would stop most uncappers...
Because its cheaper to use taxpayer-provided law-enforcement than to spend your own money on security.

N10Cities
Premium Member
join:2002-05-07
0000000
Asus RT-AC87

N10Cities

Premium Member

Re: Poor Guy

said by pnh102:
said by lazarus_:
Why would a ISP go and charge someone like this when they could just implement certain security features that would stop most uncappers...
Because its cheaper to use taxpayer-provided law-enforcement than to spend your own money on security.

From what I have read previously pertaining to this issue, the folks who own Buckeye pretty much own the rest of the town and are probably pretty good chums with the Chief of Police. They need to devote that type of effort to get crack dealers off of the streets and stuff that REALLY needs attention. Like other posters, I agree that this was a contract issue, not criminal. They should have just upped his rates. If you increase your electricity or water consumption, they meter it and charge accordingly. They should have just amended his bill.

Microhard3
join:2001-08-03
Huntington Beach, CA

Microhard3 to pnh102

Member

to pnh102
Very simple paradigm to work under, as a matter of fact to have a security system and surveillance and patrols is all very expensive. One good example of a company that is begging to be robbed and open weird hours of the night and day who embraced a cost effective security approach. This industry protected by the law enforcement for the cost of around 10 cents an hour, for their 10 cents they get the finest in armed and technologically advanced security. In fact for their 10 cents an hour security they also have air support and their security officers have the legal authority to kill.

So,the next time you go and get a dough-nut respect the fact that they pay cops in dough-nuts for free security. Not too stupid are these vendors of fried fat now are they?

KrK
Heavy Artillery For The Little Guy
Premium Member
join:2000-01-17
Tulsa, OK
Netgear WNDR3700v2
Zoom 5341J

KrK

Premium Member

Re: Poor Guy

I still wonder how the hell Buckeye can get Police, Feds, etc to come do their dirty work over something that not only wasn't illegal, but wasn't even covered in the TOS.

I could see them saying, "Hey, you altered our service. We're disconnecting you."... but beyond that....

And there's no way in h*ll their 'damage estimates' are even close. $30k? Puhleeeze. I doubt they suffered any damages at all.

da luka
@cvx34-bradley.dialup

da luka to Pz_

Anon

to Pz_
personally if a police officer showed me a warren then, I would read the search warrent very carefully before allowing them in my home, i would make them all wait outside until i read it all then if one area was not on the warrent i would remove them personally by force with no hesitation if necessary

it would get messy to say the least however, the law is made to protect the innocent (suppose to be) if they have a warrent it better be clear otherwise i will not let them pass )
richardak
join:2001-07-08
South Texas

richardak to IHATEATTCOMCAST

Member

to IHATEATTCOMCAST
Poor Guy? He got what he deserved. Actually, he got off pretty easy if you ask me. I'd have pushed for jail time and heftier fines. Also would have prohibited him from using a computer or the internet for a set amount of time.

tcp1
Premium Member
join:2000-04-17
Monument, CO


1 recommendation

tcp1

Premium Member

Re: Poor Guy

He uncapped 4 times for 2 hours, as he said. He caused no damage to anyone, and you want to throw him in jail and deprive him of his livelihood?

Sure, he did something stupid and petty, maybe akin to stealing a couple of CDs (say, the price of a month of service) out of a Best Buy. You think he should be made unable to work and thrown in jail with rapists and crack dealers for that?
[text was edited by moderator]
richardak
join:2001-07-08
South Texas

richardak

Member

Re: Poor Guy

I think that those who break the law should be punished. I think that the current level of punishment is not enough, if it was, then there would be more of a deterrent to commit crimes. Stealing is stealing, it is NOT stupid and petty, it is a crime. A crime for which the person needs to be punished, and punished in such a way so that they won't do it again.

I think that those who break the law should be punished.
[text was edited by moderator]
oOPHYDEAUXOo
join:2002-10-03
Twinsburg, OH

oOPHYDEAUXOo

Member

Re: Poor Guy

I must agree with you, at least partially. When someone does something wrong, they must get punished. The punishment, however, must reflect and equal the wrong doing. Charging someone an arm and a leg for 3 days of un-capping (or whatever) is completely uncalled for. You wouldn't throw someone in jail for stealing a candy bar would you?

There are standards which are, or at least should be set, which determine 'sentencing' of those found guilty. In this case... it appears he was given life in prison for a pack of stolen bubble gum.
[text was edited by moderator]

KrK
Heavy Artillery For The Little Guy
Premium Member
join:2000-01-17
Tulsa, OK

KrK to richardak

Premium Member

to richardak
Ok, please explain what law he broke and how his punishment fits the crime.

Feel free. Knock yourself out.

lazarus_
join:2002-08-31
Resolute, NU

lazarus_ to richardak

Member

to richardak
maybe people should be executed if they get caught downloading warez/mp3's/movies ??? Its the exact same thing as un-capping. And on a side note the guy didin't uncap to 10/10 he uncapped to the "gold account" which from the sounds of the article was still under 2mbits down and 1mbits up.... So I don't get where they lost all this revenue... Also once they finish the trial I bet that the ISP will end up paying more in court costs than if they forced the (obviusly underqualified) employees at the NOC to use all the nifty security features the uBR's offer...
zentec
join:2002-01-05
Monroe, MI

zentec to tcp1

Member

to tcp1
He first said he uncapped 4 times for 2 hours, then he said he was uncapped for about 5 weeks.

Which is it?

tiger72
SexaT duorP
Premium Member
join:2001-03-28
Saint Louis, MO

tiger72

Premium Member

Re: Poor Guy

he uncapped 4 times for two hours over a 5 week period.
BunnYwood
Premium Member
join:2002-06-19
Sioux City, IA

BunnYwood to zentec

Premium Member

to zentec
The 4 times happened within a 5 week period.

Honest
@merck.com

Honest to IHATEATTCOMCAST

Anon

to IHATEATTCOMCAST
He WAS made an example of.
Sometimes what is simple is missed entirely.

If no one is in the store, it doesn't make it "ok" to walk in and take anything you want.
Really people: if it was your business that was ripped you'd have hurculean fits.

I have no love for corporations but stealin is stealin,
childish ignorance not withstanding.

proton666
Padawan For Hire
join:2000-12-05
FBI

proton666

Member

Free Brandon

nuff said!!

Go Chargers7
Fa Shizzle Ma Nizzle
Premium Member
join:2002-09-24
Huntington Beach, CA

Go Chargers7

Premium Member

Such crap

If these cable sons-a-bitches want CATV protections for their data services, then we as customers should get the CATV consumer protections for the data services.

Whatta joke. I'm for free enterprise and all, but when people get arrested and criminally prosecuted for what is really a simple breach of contract, something is seriously wrong.

Plus the damages...what an F-ing joke. Last time I heard you have to PROVE YOUR DAMAGES.

Hey everyone, if you are ever in a fender bender that's not your fault, just claim $250,000 seeing as I guess you no longer have to prove that you were actually damaged by that amount. And what crime, net service theft? Never heard of it. They were paying for the service and there was nothing in the TOS/AUP like there is in ATTBi's about uncapping. What's next? Del Taco gonna come after me because I got extra Coke since I didn't put ice in my cup?

ATTBi takes the correct approach, busted = blacklisted. Buckeye should be ashamed of itself for wasting Bureau time with something that so far hasn't been proved as being against the law.

Maxo
Your tax dollars at work.
Premium Member
join:2002-11-04
Tallahassee, FL

Maxo

Premium Member

Sad

It's sad but this is how our government officials treat citizens all the time. It just takes a case like this for that fact to become obvious to people that those who are set out to protect us act like they we lived in a Communist Dictatorship. And then it turns around and gives those who are doing their job fairly and accurately a bad name.

WildGod8
God Is Dead
Premium Member
join:2002-01-30
NYC

WildGod8

Premium Member

Ok why the VCR? lol

"The police left with 8 computers, a VCR, 4 monitors, 6 keyboards, 7 mice, 24 copies of my book on CD ROM, the Cable modem, a linksys Cable modem Router, an ATMEL Smart Card Writer, 4 Smart Cards, 3 DVD+RW Discs and some Misc. Cords. 2 legitimate copies of Windows XP, and 1 Visual Studio Enterprise. "

Can someone explain why they would take anything but the PCs and modems?
What the hell would they need the VCR for?

Go Chargers7
Fa Shizzle Ma Nizzle
Premium Member
join:2002-09-24
Huntington Beach, CA

Go Chargers7

Premium Member

Re: Ok why the VCR? lol

So all those Rambo wanna-bes can watch COPS reruns.
michaelschafer
join:2000-03-26
Greenwood, IN

michaelschafer

Member

Re: Ok why the VCR? lol

Ok, complete guess here... since he's working on streaming media, there is a chance he had a video capture card in one of the PCs and had the VCR hooked to it.

14 years ago, my younger brother was busted for credit card fraud. He was using his Commodore 64 to dial into the credit reporting company computers and looking up people's credit histories to get their credit card information and then using it to mail order stuff.

When the police came, they took his computer, the disk drives, all the disks, the 14" Sony color TV that he used a monitor, the modem, the phone that was connected to the modem, the phone cord that connected the modem to the wall jack, the surge suppressor that everything was plugged into, the desk lamp that was plugged into the surge suppressor and pretty much anything else they were interested in. He had one of those little FM radio/clocks that looks like a tiny computer - they took that, too.

And they didn't restrict their seizures to his stuff, they also took the phone from my bedroom (*shrug*) a portable terminal that I owned, an oscilloscope and Lord only knows what else. They spent hours boxing up stuff and carrying it out of the house, but of course we weren't allowed to be present during this, nor did they provide us with a list of items that they took.

Over a year later after the court case was resolved did they bother to return anything. He got back the PC, the TV, the disk drive and several boxes of miscellaneous crap that must have looked incriminating (scraps of paper with phone numbers written on them, etc). He didn't get the disks back, nor did he get the game cheat cartridge that was plugged into the back of his C-64. We also lost the phones, the portable terminal, oscilloscope and other high dollar items. When we inquired about the items, we were told that they had been donated, never to be seen again.

He had to pay restitution for most of the stolen items, but the police department didn't have to pay us for any of the items they 'stole' from us.

cyberthugin
join:2002-03-12
Kew Gardens, NY

cyberthugin

Member

Re: Ok why the VCR? lol

Damn that sucks to have been taken of all that stuff.
I would suggest next time, to have some type of insurance on these items, this way the insurance company can issue you a check for the stolen items they took, because if I pay for something and someone else does not give back the equipment, basically the items are considered stolen, technically. But Overall that was wrong for the law enforcement agents to come in and take his stuff like a criminal, you got these rapist, drug dealers, robbers that they should be better off getting instead. Just shows you in what world we are living, that is soon to come, no privacy and freedom.

paulinkc
join:2000-12-30
Lees Summit, MO

paulinkc

Member

Re: Ok why the VCR? lol

I don't think any insurance company would accept such a claim for the simple fact this was a law enforcement seizure... maybe I'm wrong but it would be like Jimmy The Tulip getting the insurance company to accept a claim on his car being "donated" because he was involved in a drive by?



I dunno, maybe I'm totally wrong here......

bmantz65
join:2001-07-23
united state

bmantz65 to michaelschafer

Member

to michaelschafer
[QUOTE=michaelschaferHe had to pay restitution for most of the stolen items, but the police department didn't have to pay us for any of the items they 'stole' from us. [/QUOTE

What garbage. What kind of punishment is that?
michaelschafer
join:2000-03-26
Greenwood, IN

michaelschafer

Member

Re: Ok why the VCR? lol

said by bmantz65:


What garbage. What kind of punishment is that?

I left out the part where he served 4+ years in prison, an equal number of years on probation and has multiple felony convictions on his record for the rest of his life.

There, now do you feel better?

GlobalMind
Domino Dude, POWER Systems Guy
Premium Member
join:2001-10-29
Indianapolis, IN

GlobalMind to WildGod8

Premium Member

to WildGod8
LOL, I was wondering the same thing....really stuck out as a WTF???

K.
Kearnstd
Space Elf
Premium Member
join:2002-01-22
Mullica Hill, NJ

Kearnstd to WildGod8

Premium Member

to WildGod8
if you know their coming remove the parts from the PC and fill it with rocks! just some humor on how dumb the feds can be at times....

St0ney
join:2001-02-25
uranus

St0ney to WildGod8

Member

to WildGod8
probably sell it on ebay.
DSL Oberst
join:2001-11-29

DSL Oberst to WildGod8

Member

to WildGod8
said by WildGod8:

Can someone explain why they would take anything but the PCs and modems?
What the hell would they need the VCR for?

Standard procedure for goverment agents working on an internet-related case. See the confiscations made by the Secret Service during Operation Sundevil for more examples of it. Or, try the case of Steve Jackson Games vs. Secret Service - that's a fairly famous one.

I believe their contention is that anything electronic can be used for hacking purposes, and so they confiscate almost all electronic items as evidence.
metallist4
join:2002-12-18
New Milford, NJ

metallist4 to WildGod8

Member

to WildGod8
Believe it or not you CAN RECORD DATA using your VCR!

DarkFiber1
A T T Support
Premium Member
join:2001-12-30
Saint Charles, MO

DarkFiber1

Premium Member

Re: Ok why the VCR? lol

sue cisco for providing you those "easily" accessed config file.

take my junk
@mindspring.com

take my junk to WildGod8

Anon

to WildGod8
My wife would insist they take all the spare part junk 8088/80286/80386/80486 pc's/case/keyboards and other associated parts from the garage. They better bring a 40'ft box truck though.

Speedy8
Premium Member
join:2002-08-22
Alliance, OH

Speedy8 to WildGod8

Premium Member

to WildGod8
Damn, if they seized all electronic items in my house I would have nothing left but furniture. ;p

Steve
I know your IP address

join:2001-03-10
Tustin, CA

Steve to WildGod8

to WildGod8
said by WildGod8:
Can someone explain why they would take anything but the PCs and modems?
When computer raids are done, they take everything that has wires or batteries or magmedia. Part of it is the legitimate concern that if they miss something important - which might be unknown early in the case - it surely won't be there when they return for it later.

There is also the dreaded "Civil Asset Forfeiture", where your stuff can be taken and not returned even if you're not charged with a crime. What happens is that the stuff is charged with the crime (literally: "United States -vs- One Dell Computer", and you don't have standing to get counsel for your computer.

What happens if they keep all the stuff? The chief of police gets a new computer.

Really (speaking generally about CAF, not about this case in particular)

Steve

P.S. - I'll make it an aside that "It's not against the TOS" is just what we hear from the guy who did the uncapping. It's a good bet that Buckeye feels differently, and my guess is that if you read the fine print they'll end up prevailing.

DarkFiber1
A T T Support
Premium Member
join:2001-12-30
Saint Charles, MO

DarkFiber1

Premium Member

Re: Ok why the VCR? lol

Can I sue my computer? Damm thing locks up all the time, I deserve pain & suffering restitution.
DarkFiber1

DarkFiber1

Premium Member

and. . .

Cant believe that this is "prohibited use", wonder what they would do if I tuned in my girlfriend.

"Prohibited Uses

User may not:

restrict or inhibit any other user from using and enjoying the Internet;"

Source: TOS : »www.buckeyeweb.com/terms.asp

Kraphty
Lost In Translation
Premium Member
join:2002-10-14
Campbellsville, KY

Kraphty to WildGod8

Premium Member

to WildGod8
I Know it is a bit late butI will add my 2 bits(inflation) anyway. If you notice that an Atmel programmer and 3 smart cards were also confiscated. I would say that Dave(DTV) was involved with a theft of service charge of thier own for him. There is probably more to the story here than this guy stated. I will agree that the "officers" overstepped thier bounds walking in after being told no without producing the warrant first.

cowboybob
join:2002-09-20

cowboybob to WildGod8

Member

to WildGod8
Prohibited Uses
User may not:
restrict or inhibit any other user from using and enjoying the Internet;
attempt to defeat any idle timer or system tool intended to enforce the part-time and personal nature of User's connection, including the use of pingbots and other methods of avoiding timing disconnection;
post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations;
post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful component;
post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);
upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder;
upload, post, publish, transmit, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto;
send unsolicited advertising or promotional materials to other network users (SPAM and UCE); *See Appendix A
allow users to run Maillist, Listserv or any form of auto-responds from User's account;
run or activate processes while User is not logged in;
violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind of illegal activity; such as denial of service attacks and ping floods.
violate any of the rules, regulations and policies of those networks and computer systems accessed via User's account.
BUCKEYEWEB has no obligation to monitor the Service. However, User agrees that BUCKEYEWEB has the right to monitor the Service electronically from time to time and to disclose any information as may be necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. BUCKEYEWEB will not intentionally monitor or disclose any private E-mail message unless required by law. BUCKEYEWEB reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole and absolute discretion, are unacceptable, undesirable, or in violation of this Agreement. BUCKEYEWEB reserves the right to suspend access to the Service for User's account. The account's suspension may be rescinded within the sole and absolute discretion of BUCKEYEWEB following payment of a reconnection charge, to be determined by BUCKEYEWEB in its sole and absolute discretion. "Like all services, BUCKEYEWEB reserves the right to refuse [custom domain] service if we think that its intended usage may be illegal or harmful to BUCKEYEWEB or the rest of the net."

BUCKEYEWEB reserves the right to monitor a suspected violating User's connection for throughput to determine if said User is in violation of this agreement. If said User is found to be in violation of this agreement, User will be warned of the violation and will be offered a dedicated dial-up connection for the standard price of $60 per month. If User is found again, to be in violation of this agreement, User's account will be immediately terminated with NO REFUND of previously paid fees.

Failure to Comply With Terms and Conditions
BUCKEYEWEB may deny User access to all or part of the Service without notice if User engages in any conduct or activities that BUCKEYEWEB in its sole discretion believes violates any of the terms and conditions in this Agreement. If BUCKEYEWEB denies User access to the Service because of such a violation, User shall have no right (1) to access through BUCKEYEWEB any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to User, and such credit(s) shall be forfeited, (3) to access third party services, merchandise or information on the Internet through BUCKEYEWEB and BUCKEYEWEB shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.

BUCKEYEWEB may modify this Agreement from time to time by placing a notice of such modification at »www.buckeyeweb.com/tech_ ··· ktos.htm, and User's continued use of the Service following notice of such modification shall be deemed to be User's acceptance of any such modification. It is User's responsibility to check this online area regularly to determine whether this Agreement has been modified. If User does not agree to any modification of this Agreement, User must immediately stop using the Service

ok having read the whole thing very carefully I have copied the parts I think might have bearing. basically what it says is that they cannot change the ToS without posting it on the website. (So no at will changing)

if they catch you in violation they must warn you once and offer you another package.

thirdly the worse that they can do to you according to this is term your service.

lastly it says the contract is goverened by ohio law, so are there any laws against uncapping in ohio?

rds24a
Teach Your Children
Premium Member
join:2000-12-13
Newton Upper Falls, MA

rds24a

Premium Member

Another POV

Not that I'm disagreeing that this guy is taking an undue beating, how is this different from breaking into your cable NID and taking off the pay channel filters? They can prosecute for that...I imagine the law is probably written as "theft of cable services" and they're trying to apply cable TV law to cable 'Net service.

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ROCINANTE
Original Member 007
Premium Member
join:1999-06-29
Hartsdale, NY

ROCINANTE

Premium Member

Bad Move

It's not a good idea to be a wiseass to the authorities when they have a search warrant. This is probably one of the reasons they threw the book at him and made an example out of him.

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timoteo21
join:2002-05-14
Los Angeles, CA

timoteo21

Member

Some examples are needed

to counteract the general attitude on the Internet that if something is possible it's okay. If I see the door of someone's house is open, it doesn't mean I can walk in and rummage through their stuff and then expect that if I am caught they will just say "please give back my things and leave."

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MortySnerd
join:2001-07-26
Mclean, VA

MortySnerd

Member

I can *just* barely manage some sympathy

Obviously, the police are way, way out of line, and their actions are sign of how "computer crime" and other things they'll never understand will be handled from now on.

But when I talk to technicians on these forums and they tell me "Well, your node is only 55% full, but because of uncappers you're still getting 17% packet loss and those high pings" (Note: the technicians on this board are trustworthy and usually tell it straight, so I believe that statement) it makes it really, really difficult to gather sympathy for this guy!

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IanR
join:2001-03-22
Fort Mill, SC

IanR

Member

Speed 64/8K??

He says his broadband service gave him 64/8K speeds????
How come it can be called broadband.? I thought it had to be 384 down minimum to be called this?

Basically what we see is a guy being railroaded into settling for a minor misdemeanor Offence while under the potential threat of being charged with a Felony, if he didn't settle. Well that's how it looks.

That's what is wrong here. I am no legal expert to say whether what he did was right or wrong, legal or illegal. But the system heavily pushes people to settle with a guilty plea, rather than risk the huge weight of the legal system. Understandable when 11 officers time is spent in the original arrest. So you get the picture that the person is alone against the full weight of the law.

What we don't have here is a clear picture of whether Buckeye's actions constituted a crime, by possibly making up evidence re their cost of providing the temporary uncapped service.

Go Chargers7
Fa Shizzle Ma Nizzle
Premium Member
join:2002-09-24
Huntington Beach, CA

Go Chargers7

Premium Member

Re: Speed 64/8K??

What law though? These bullies are like the IRS. Sure, he could get off because no crime has been committed, but who the hell is going to pay for the defense. The gov't has an unlimited supply of taxpayer money to waste on this while the innocent have limited resources. They NEED him to settle since they would lose in court...which is why the lawyer type is fighting it.
Go Chargers7

1 recommendation

Go Chargers7

Premium Member

What about CISCO

If he is guity for Theft of Service, than CISCO is guilty of the same...for assisting by making available a config file that is an uncapper. They knew when they posted it is would "uncap" a cable modem. If they're going to bust black box guys...why don't those big shots go after Cisco? Perhaps they know they would get their asses kicked.

belushi
Premium Member
join:2000-11-08
Twinsburg, OH

belushi

Premium Member

Re: What about CISCO

Your reasoning is ludicrous.

Go Chargers7
Fa Shizzle Ma Nizzle
Premium Member
join:2002-09-24
Huntington Beach, CA

1 recommendation

Go Chargers7

Premium Member

Re: What about CISCO

Exactly. Going after Cisco is just as crazy as going after this guy.

mikepd
Discovery
Premium Member
join:2000-10-26
New Port Richey, FL

mikepd

Premium Member

Broadband is defined by the FCC

as 200/200 minimum to qualify for the term to be used. For a supposedly smart guy, he was incredibly stupid. He has a business and risks it all with the chance of losing service by uncapping his modem? Instead, he gets a sledgehammer dropped on him. Then goes crying about it. Why didn't he just switch to wireless in the first place? It would have saved him a lot of time, money and grief. Dumb. As for being smart with a cop, that's even dumber.

Microhard3
join:2001-08-03
Huntington Beach, CA

Microhard3

Member

Re: Broadband is defined by the FCC

Why can't you be smart with a cop, after all he is my servant and he should be protecting me and serving me...right? People in the gov think they are some how royalty, you must feel very grateful to have an audience with the president. BAH...in the old times you could walk into the White House and shake hands with the President and talk to him about your issues. After all...he is there to serve us right? Cops are glorified security guards, and I can talk to them when ever and how ever I want with out using profanity, and I can question their motives and morals as well.

Here is a fun way to have fun with a cop. All police take an oath when they join the force not unlike the military, "to protect the Constitution from enemies foreign and domestic." It might be a little different from place to place but generally the underlining tone of protecting the constitution is in there. Then when talking to a "Law Enforcement Officer" (think about that...research what they use to be) ask him do you know what the 8th, 10th, 13th, or the 7th amendment's to the Constitution are? Didn't you take an oath to protect it and how would you know how to protect me if you do not know what those are. Always gets them to thinking, I mean you did take an oath...
vic102482
Premium Member
join:2002-04-30
Upper Marlboro, MD

2 recommendations

vic102482 to mikepd

Premium Member

to mikepd
Yeah I agree that having a business in the home then using "inderground" techniques was not of the best descision. As far as cops go, they walk around with dildos up their asses all day anyways, I like the fact that he got smart.

JacksGhost
Got Bottle?
join:2002-12-29
Buffalo, NY

JacksGhost

Member

...

Everyone talks about the Gestapo, The Government and the examples being set..

Let no-one forget, Uncapping degrades the service for others. By doing something as such , it may NOT be criminal, but its a hell of a thing to do to your neighbors who pay the same bills as ourselves.

This gentleman may have been made into an example, but rightly so. He uncapped and opened pandoras box for himself.

OrigZaphod042
Didn't You Hear? I Come In Six Packs Now
Premium Member
join:2001-07-22
Round Lake, IL

OrigZaphod042

Premium Member

Re: ...

said by JacksGhost:
Let no-one forget, Uncapping degrades the service for others. By doing something as such , it may NOT be criminal, but its a hell of a thing to do to your neighbors who pay the same bills as ourselves.


How so? By that reasoning, If I decided to not uncap and just pay for the extra service, they would bump my line up to what every speed I upgraded to, No NEW hardware would be installed, NO NEW lines run, No No, just the same line, same pipe, differnt config, So by your reasoning, that in itself would degrade your service...

Which with cable being a shared pipe, it does anyway.

rtcpenguin
Premium Member
join:2001-01-21
Fairfax, VA

rtcpenguin

Premium Member

That is some major BS

Raped by the FBI for not doing anything illegal?.

Someone should point to FBI and Buckeye cable to this article...morons...

blackeyes0
Premium Member
join:2002-10-10
Nepean, ON

blackeyes0

Premium Member

uncapping

Whether the man is innocent or not, the legal system is right or wrong or whether the case has any legal merit, the fact that this has happened is going to stir up the uncapping community. Users will definitely have second thoughts about uncapping their modems. I can also see more ISP's because of the outcome of this case, coming after uncappers themselves. If your uncapping and you see several men(and women)walking up your driveway, say goodbye to your lifestyle.:[

St0ney
join:2001-02-25
uranus

St0ney

Member

Re: uncapping

I would just break out my machine gun if that ever happens.

ah, but if only i had a gun.
IanR
join:2001-03-22
Fort Mill, SC

IanR to blackeyes0

Member

to blackeyes0
How many people are still downloading free music despite Police actions against individuals and colleges?

I don't think high profile cases help stop any behavior. Simply put people say. The chances of my being hit on by the Police are so small...until the "unlucky" person is hit upon.

My real problem with the case is that "IF" he was getting such lousy speeds from the ISP and "IF" he had a history of complaining before uncapping. It would seem "offsetting fouls".

Uncapping isn't fair to other users particularly on a Cable Internet system, so don't get me wrong I don't support it. But the poor service and poor speeds often provided (I call it crippled broadband) can lead to users attempting self remedies when they cannot get satisfaction.

This whole case "could" backfire on the Police/FBI and Buckeye "IF" one of the defendants takes it to court and makes an aggressive defence. Then pandora's box could be opened.....

Gemologist
Premium Member
join:2001-11-15
USA

Gemologist

Premium Member

What A Joke!!!

Whether what he did was right or wrong is really a moot point.. It is FACT that what he did isn't a criminal act but a breach of contract. I can understand wanting better then 86K/8K or whatever the low speeds he was getting were... That ISN'T even broadband.. thats a rip off!! This is an example on why the FCC needs to step in and start regulating these things...There should be a set speed that is required to be upheld on the providers part!! Heck my local cable company false advertises every single day on the TV about their internet service "Unrivaled speeds" "Nothing faster" ROFL.. they average a 600Kbps/24Kbps during peak hours and not much better during off peak...
As for the Cops.. they sound like a bunch of idiots and deserved to be treated with in a smart assed way.. I am ex-law enforcement and my father is a retired Police Sgt... And I will be the first to tell you that cops are paid by your taxes.. they are supposed to be there to "serve and to protect" but nowadays spend more time "harassing & prosecuting" over miniscule things while the BIG problems are ignored

GlobalMind
Domino Dude, POWER Systems Guy
Premium Member
join:2001-10-29
Indianapolis, IN

GlobalMind

Premium Member

How about this....

So, from the sounds of it Buckeye Cable's ownership pretty much does what they wish, and has plenty of local politicos and police on their side.

They know the uncappers are out there...and interestingly enough, one of them is this fellow they dispise -- George Runner.

They figure this is the perfect opportunity to nail this fellow to the wall, since he's been a thorn in their side. So, to make sure that they don't look like they are singling him out...they apply the same pressure to everyone.

Governments love to seize goods, and sell them. Brandon could have been completely innocent of everything and bets are he still wouldn't have gotten anything (or very little) returned.

In the end, I don't know what kind of cash he had...but I would think the wiser move would have been to order his own T1 if he's going to operate the business from his condo. I assume he worked through the tech aspects of the poor connection with Buckeye -- who probably didn't care.

Overall, the uncapping was not the smartest choice in the world...but even still, this level of treatment was not warranted.

K.
drakaal
join:2002-11-20
Sylvania, OH

drakaal

Member

Re: How about this....

You are half right.

We moved in to the condo in march. In april they started constrcution and that is what caused the cable to be unusable. I couldn't get a t1 pulled until the construction was done, and getting wireless took time. I was already being forced to use a modem portions of the day.

The risk seemed negligible at the time.

I run out of the condo because clients don't visit me. I only use the net for e-mail, and minor downloads. We fed ex stuff between locations.

landry98
join:2001-08-31
Red Stick

landry98

Member

How about this....

Any truth to the rumor that Det Beavers will resign to accept a position as chief of security for Block family?

EasyNetwork$
Vip
Premium Member
join:2002-09-01
Brooklyn, NY

EasyNetwork$

Premium Member

umm we shoudl all donate

if every one came up wiht 1$ who thinks this is an idiotism we woudl pay off to anyone who got raided and bought out that f*cking buckeyed cable

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midlife2
Fruit Of The Loom Sucks.
join:2002-05-23
Jamestown, KY

midlife2

Member

durr.

Now while Im never on the side of the large company keeping the little guy down I DO have an observation. This fellow says he was getting " 64/8K " Speeds before uncapping...This tells me that his ISP is having problems or just plain sucks...Now someone tell me how uncapping is gonna help routing issues or ISP congestion? Im relatively sure that he wasnt capped at 64/8 in the first place...Ive never heard of an isp capping so low myself...Besides...anyone in their right mind who was getting those speeds would probably ditch the service for something better. I figure he is just trying to downplay how much bandwidth he actually had for legal reasons so he can seem like the peoples champ whos trying to get what he paid for. Personally i could care less if hes stealing candy from children, I just think its stupid to make a statement any half way normal person could tell was a load of BS

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insomniac84
join:2002-01-03
Schererville, IN

insomniac84

Member

Why can't the cable company be liable?

If you get less speeds than advertised, shouldn't the FBI be at the ISP's doorstep to arrest them for stealing from its customers? If I took more then I'm in trouble. If I don't receive full speeds than that means the ISP is stealing the extra bandwidth that I pay for. WHy doesn't the FBI arrest people at the ISP?

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