PPCGeeks - PPCGeeks Stance on ESN Cloning Or Anything Of The Likes

PPCGeeks.com Formal Position On Modifying Telecommunication Identifying Information Associated With Or Contained In A Telecommunications Instrument (ESN cloning):

In accordance with U.S. Public law number 105-172, PPCGeeks.com has decided to maintain its stance on the prohibition of the topic of how to tamper, clone or otherwise modify identifying information associated with a handset or other device used to gain access to a cellular network. An Example is esn cloning, but not limited to just this example.

In may 2002 the FCC retraced its statement on ESN cloning or cellular fraud (section 22.919) because public law number 105-172, the communications act also had section 301 removed because of this law. Both removed sections were considered no longer needed and redundant because of this public law.

According to this law it is a federal crime to "knowingly uses, produces, traffics in, has control or custody of, or possesses hardware or software, knowing it has been configured to insert or modify telecommunication identifying information associated with or contained in a telecommunications instrument so that such instrument may be used to obtain telecommunications service without authorization." This is a broad enough description to pertain to any service a telecommunication companies offers, as well as any hardware or software you used to achieve this is considered illegal and in breach of this law. An example of other services are, internet services like an air card and voice mail, but not limited to these examples.

Without authorization, means any device the carrier did not directly and knowingly assign to your account. Even if you have a valid account and are a paying customer, cloning a device to that account is unauthorized, because the device being authenticated and authorized on the network is the donor device not the device you cloned. An example of this but not limited to this example is cloning a Motorola flip phone to a Samsung Epic smart phone, The Samsung epic would authenticate as a Motorola flip phone, not a Samsung Epic Smart phone. The carrier did not explicitly authorize this smart phone device, and it is accessing the network in an unauthorized and illegal manner.

If a user was unlucky enough to be found breaching this law and proven guilty of the offense, the punishments are; “A first offense is now punishable by 15 years in prison, and a second or subsequent offense carries a possible 20 year sentence. Besides additional fines and penalties, the Act also authorizes the government to seize any and all personal property used or intended to be used in the crime. “

Since PPCGeeks.com has a server located in the U.S. If we were to allow talk of cloning and allow users to guide each other to commit a federal crime, it could be possible for us to come under fire legally, we would be forced by court order, if served, to give up any users' personal information they require. This would not be good for us or you guys. This is not just a matter of causing the carriers to become upset, its a federal crime, and the only thing we can do to protect you guys from this ever happening is to not allow it to be discussed on our site.

If it could be another way we would like nothing more then to allow the users to have the freedom to speak on this topic and develop new hacking methods and contribute to the scene in this form, but its something we do not wish to allow because of the reasons stated above.

While I write this I will also address our stance on tethering. PPCGeeks.com allows the talk of tethering, how to methods and guides on the matter. We do not frown upon this topic and I will state why below.

Tethering in some cases is a breach of your terms of service with your carrier, on the other had some carriers (all Canadian carriers) allow tethering, but do not always provide the means to do so built into the device. This is where the PPCGeeks.com community, among others, comes in and takes the users who are not in the “know” about tethering and guides them by the hand to the “know”. Any legal issues that may come from your carrier, if you were to tether, are strictly a civil suit. They would be pursuing you directly, and therefore would be less likely to do so through PPCGeeks.com. They would sue you for damages, but in most cases, if not all cases, I have researched. They do one of 2 things, terminate your service and charge you a hefty early termination fee, or they charge you for tethering based on the per-use fees that are quite high. Going to federal prison for 15-20 years is not one of the punishments carriers hand out for tethering.

What it boils down to, is although the legalities of offering information for educational purposes only, with a disclaimer as such are foggy, and it is possible we could put a disclaimer on it and allow it. PPCGeeks.com in no way, shape, or form ever wants to be tied up in any legal issue pertaining to our users, nor do we ever want to be forced to give out any user information to help the proses of legal punishment to our users. And lastly we do not want on our minds that we were partial aid, be it forced or not, to one of our users facing a life changing criminal record or sentence.

This is the the reason why we allow and deny what we do as a topic of discussion on our forums.

Sorry if you disagree, and hopefully you all understand where we come from as the staff and the site in whole.

Mr. X
PPCGeeks Forum Administrator