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 pokesphIt Is Almost FastPremium join:2001-06-25 Sacramento, CA kudos:1 | reply to Corydon
Re: MORE! MORE! MORE! said by Corydon:said by funchords:Forging the RSTs is a wrongful act. After you get caught in "The Real World," you don't get to keep committing wrongful acts with impunity until you figure out what else to do. What exactly does "wrongful act" mean? Is forging TCP RST packets illegal? Possibly, in the context of the FCC's current rules, but that's debatable (and rather unlikely, in my view). More likely, Comcast's methods are legal now, but they want to preempt any further regulation. ... In some states where Comcast operates, intercepting private data communicaions is criminally illegal (same thing is applied to hackers as well) Grabbing your packets and FORGING RST's before passing the packets on sure seems like intercepting to me... Hence they ARE breaking the law in some places. | |  CorydonCultivant son jardinPremium join:2008-02-18 Denver, CO | said by pokesph:In some states where Comcast operates, intercepting private data communicaions is criminally illegal (same thing is applied to hackers as well) Grabbing your packets and FORGING RST's before passing the packets on sure seems like intercepting to me... Hence they ARE breaking the law in some places. I'm not sure if the courts would buy your theory, after all, Comcast isn't interested in the content of your communications. Certainly I haven't heard of anyone bringing a lawsuit against them under this theory.
The outstanding class action lawsuits out there focus on breach of contract and false advertising, not intercepting private data communications. And frankly, I don't think those class action suits are going much of anywhere anyway, considering how the TOS is set up and how Comcast hasn't advertised its HSI service as "unlimited" AFAIK for at least the last few years. At best, the members of the class will get a month of service and a nifty keychain, the lawyers will get paid, and Comcast won't admit any liability.
But IANAL. You may be; if so, why aren't you pursuing this in court? | |  funchordsHelloPremium,MVM join:2001-03-11 Yarmouth Port, MA kudos:5 | said by Corydon:I'm not sure if the courts would buy your theory, after all, Comcast isn't interested in the content of your communications. Isn't that the hacker defense for kids that break into high-profile corporate or government systems? "I wasn't trying to read anything, I just wanted to see if I could break in!" -- Robb Topolski -= funchords.com =- Hillsboro, Oregon FCC Public Hearing on the Future of the Internet - Thursday, April 17th - Stanford Univ., Calif. | | |
|  espaethDigital PlumberPremium,MVM join:2001-04-21 Minneapolis, MN kudos:2 Reviews:
·Clear Wireless
| said by funchords:Isn't that the hacker defense for kids that break into high-profile corporate or government systems? "I wasn't trying to read anything, I just wanted to see if I could break in!" Yeah, but hackers don't have nifty agreements like this:
However, Comcast and its suppliers reserve the right at any time to monitor bandwidth, usage, transmissions, and content in order to, among other things, operate the Service; identify violations of this Policy; and/or protect the network, the Service and Comcast users. | |  funchordsHelloPremium,MVM join:2001-03-11 Yarmouth Port, MA kudos:5 | said by espaeth:said by funchords:Isn't that the hacker defense for kids that break into high-profile corporate or government systems? "I wasn't trying to read anything, I just wanted to see if I could break in!" Yeah, but hackers don't have nifty agreements like this: However, Comcast and its suppliers reserve the right at any time to monitor bandwidth, usage, transmissions, and content in order to, among other things, operate the Service; identify violations of this Policy; and/or protect the network, the Service and Comcast users. Yeah, agreed. Them clever hackers, them! :-P -- Robb Topolski -= funchords.com =- Hillsboro, Oregon FCC Public Hearing on the Future of the Internet - Thursday, April 17th - Stanford Univ., Calif. | |
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