PA Man Charged With Selling Hacked Cable Modems - FBI goes undercover to investigate modded modem website...
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PA Man Charged With Selling Hacked Cable Modems
FBI goes undercover to investigate modded modem website...
(old news - 10:06AM Tuesday Jan 13 2009)
tags: legal · business · cable · security · trouble · networking · Oddities
In the first case of its kind, Pennsylvania resident Thomas Swingler faces federal criminal charges for allegedly selling hacked cable modems via CableHack.NET, according to Wired. The website sells "pre-modded" Motorola Surfboard modems for between $38 and $58, "that can be customized by the owner without a cable company's knowledge," claims Wired. Of course that's not always true, given that most cable operators have gotten very good at spotting such units and quickly putting them behind a walled garden. Swingler's promise of free broadband got the FBI's attention last year, says the report:
Customizable modems can also have legitimate uses. But despite his public disclaimer, Swingler knew exactly why people were buying his hacked modems, according to the FBI, which set an informant on Swingler last June. "The modem steals the internet," he allegedly said in an online chat with the snitch. He described his business as "modem modification where you can get free cable internet."
We used to see far more uncapping/modding stories in the earlier days of broadband (some of you might remember our 2002 uncapping story), but we've seen far fewer as cable broadband network security has grown increasingly sophisticated (at least at major carriers). Swingler's apparently a little grumpy from his run in with the FBI, and shows up in the Wired story's comment section denying everything, then threatening Wired with a lawsuit:
I simply state NO. It is NOT intended for that purpose. These modems are 100% legal to sell, it is a stock Motorola diagnostic shelled firmware. This is why they are allowed to be sold on eBay, because we as modders are doing NOTHING illegal if we are just simply upgrading the firmware to shell access. You have 7 business days to remove this report / story from your blog. if you fail to do so, I will press charges to the full extent.
There's some interesting legal murky ground here, and ironically if Swingler had just quietly sold the units without bragging about their intended use, he probably would have dodged a legal bullet. Websites like TCNiSO operate without problems, targeting their modded modems at hobbyists. However Swingler (a former botnet master, according to the FBI) dug a deep hole by offering theft tutorials, posting happy user theft testimonials, and promising the undercover FBI agent "the modem steals the internet."

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page: 1 · 2
ptrowski @ 13th Jan 09:57AM:
Great website...

Spelling and grammar issues abound.
reply
Matt @ 13th Jan 09:59AM:
Re: Great website...

said by ptrowski :

Spelling and grammar issues abound.
Funnily enough, I could tell that from the quoted comment at Wired. Why is it the imbeciles are always the first to threaten a lawsuit? :uhh:
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Matt @ 13th Jan 10:01AM:
Criminals must brag

said by Article :
There's some interesting legal murky ground here, and ironically if Swingler had just quietly sold the units without bragging about their intended use.


All criminals have a need to brag about their exploits, this yahoo is no different. If he really was a botnet master too, I hope the FBI makes an example out of him.
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fireflier @ 13th Jan 10:03AM:
He's just getting started

I'm betting once the justice system is done with him and the records of who bought these devices are made public, lawsuits will abound from ISPs all over the country against this idiot and the people who purchased his "modded" products.

Guess I shouln't be surprised he allegedly had former ties to a botnet as well. . .
--
Tradition: Just because you've always done it that way doesn't mean it's not incredibly stupid. --despair.com
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ptrowski @ 13th Jan 10:26AM:
Re: Great website...

said by Matt :

said by ptrowski :

Spelling and grammar issues abound.
Funnily enough, I could tell that from the quoted comment at Wired. Why is it the imbeciles are always the first to threaten a lawsuit? :uhh:
I always wondered that.
--
"So, Lone Star, now you see that evil will always triumph because good is dumb."

Have you been touched by his noodly appendage? »www.venganza.org
reply
Doctor Four @ 13th Jan 10:35AM:
Re: Great website...

said by Matt :

Why is it the imbeciles are always the first to threaten a lawsuit? :uhh:
An imbecile indeed. I seriously doubt any lawsuit he threatens is going to get anywhere, what with him facing criminal charges. About the only reason he is going to need a lawyer is criminal defense.
--
"The trouble with computers, of course, is that they are very sophisticated idiots." - Doctor Who (from Robot)

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Nightshade @ 13th Jan 10:37AM:
Re: Criminals must brag

My personal favorite is when he said, "The modem steals the internet."

You can't steal something that is essentially free in the first place. If you're going to brag about something, criminal or not, at least get your facts straight.
reply
ptrowski @ 13th Jan 10:41AM:
Re: Criminals must brag

said by Nightshade :

My personal favorite is when he said, "The modem steals the internet."

You can't steal something that is essentially free in the first place. If you're going to brag about something, criminal or not, at least get your facts straight.
I was wondering why my speeds have been low at night. Everyone is stealing my internet!!!!
--
"So, Lone Star, now you see that evil will always triumph because good is dumb."

Have you been touched by his noodly appendage? »www.venganza.org
reply
BosstonesOwn @ 13th Jan 10:44AM:
Re: Great website...

Websites like this are why.

»www.whocanisue.com/

It is really getting out of hand.
reply
RadioDoc @ 13th Jan 10:48AM:
Re: He's just getting started

Possession of this equipment is not illegal so the customer list is not relevant to the prosecution. That someone bought one of these is not proof that it was ever used.

This dope attracted attention because of how he was marketing the modems.
--
Toolmaster of La Grange.
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mlundin @ 13th Jan 11:03AM:
I still don't see how this is illegal

What's the problem here? Bad marketing? Is it illegal for me to sell a gun or knife that I've marketed as something that "allows you to kill people" or "allows you to rob banks"? Sure, it is bad marketing, but I don't think so... The people using the devices for the wrong reasons are the ones who should be held accountable.

I also don't think there's much of a case against Wired - they're just reporting the news.
reply
Rob @ 13th Jan 11:11AM:
Re: I still don't see how this is illegal

said by mlundin :

What's the problem here? Bad marketing? Is it illegal for me to sell a gun or knife that I've marketed as something that "allows you to kill people" or "allows you to rob banks"? Sure, it is bad marketing, but I don't think so... The people using the devices for the wrong reasons are the ones who should be held accountable.

I also don't think there's much of a case against Wired - they're just reporting the news.
Nope. But it would be illegal for you to sell guns with the serial numbers scratched off and on your website you put "You can kill people without this gun being traced!"
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insomniac84 @ 13th Jan 11:15AM:
He will probably get off

It sounds like the FBI wants to go after "hacked" modems. But from what it sounds like the hardware and the firmware it comes loaded with is perfectly legal. If he was only selling the hardware and offering the directions on how to get the illegal service for free on the side, how are they going to charge him with anything?

Offering information on how to do something illegal is not a crime. If he specifically walked someone through the process maybe they can get him on an instance of assisting someone to steal service, but charging him for giving out free information shouldn't work.
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insomniac84 @ 13th Jan 11:18AM:
Re: I still don't see how this is illegal

But there are laws pertaining to gun serial numbers. That isn't even what is happening in this case. Plus if the majority of his customers are outside the U.S. what is the FBI's case? One instance of helping one guy in the U.S. steal service? That of course only works if they can prove he coached him do it and didn't just provide a FAQ.

It's the cable companies fault for basing it's security on something that is not secure. It has happened where a whole batch of motherboards from one company has all had the same MAC address and MAC addresses are not some sacred thing that is illegal to play around with. Cable companies should be putting hardware filters on the line to prevent unauthorized devices on the network.
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bender @ 13th Jan 11:28AM:
blah

I'm not sure but I'm thinking that selling an electronic device that has been modified to operate in a way that it isn't intended to or in a way to violates some FCC rule or other law kinda makes you liable. i may be wrong. I'm also thinking he was pry in possession of some of the devices when they apprehended him.
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Karl Bode @ 13th Jan 11:35AM:
Re: Great website...

That's too funny...
reply
anon @ 13th Jan 12:56PM:
Re: I still don't see how this is illegal

It's all about context. I can advertise crowbars for sale, perhaps even say they can be used to pry open cash registers, and be somewhat safe from criminal prosecution.

But if I package the crowbar with other tools commonly used by burglars and brag in my ads that they can be used to commit housebreaks, I am breaking first the law against possession of burglary tools, and second, selling them to others for that purpose.

A hacked modem is more like a bag of tools than a single crowbar.
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Sammer @ 13th Jan 11:44AM:
Re: He will probably get off

said by insomniac84 :

Offering information on how to do something illegal is not a crime.
Under certain laws like the DMCA it can be! Insider trading is another.
reply
netwire @ 13th Jan 11:44AM:
Re: blah

said by bender :

I'm not sure but I'm thinking that selling an electronic device that has been modified to operate in a way that it isn't intended to or in a way to violates some FCC rule or other law kinda makes you liable. i may be wrong. I'm also thinking he was pry in possession of some of the devices when they apprehended him.
I do not think you read the news posting. It said he was using a stock firmware from the manufactor - no something he made himself. He did not really "hack" the modem he simply loaded a different manufatour-made firmware.
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anon @ 13th Jan 11:51AM:
Waste of taxpayer dollars....

It's sickening to see the feds go after this kind of crap when everyone knows it won't hold up in court unless Tom did really help the users / clients get online by providing valid HFC MACs which were already provisioned into the ISP's Database, I know there's a few ISPs that have security so lax to where you could just get online with a unregistered HFC MAC by simply bypassing their DNS Servers w/ a 3rd party one... So basically it's the ISP's fault for making it this easy for people to get on. Feds need to be going after terrorists or do something more productive...

This just attracts too much attention to this kind of thing which isn't what the Cable ISPs certainly want cuz now the Fed has just brought more people into this kind of hobby for the wrong reasons... Good job... Now every ISP is probably gonna suffer a huge bandwidth demand from all these people goin' ape crazy over this thing and wanting more speed after years of being capped by their ISP.

The ISP has the power to stop it but they WON'T due to lack of funding or stupid hiring practices... It's so silly easy to stop this kind of hacking on the ISP side.
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PapaMidnight @ 13th Jan 11:53AM:
Guy could have a point

I hate to say it but the guy could have a point. None of his testimonials which reports (used Google cache as well) it was "Last Updated: July 16th, 2008" specifically mention he stated it would allow them free internet. Two of them imply they merely uncapped their modems.

Additionally, his about page, "Last Updated: October 6th, 2008", states exactly as follows:

CableHack does not encourage its users to use these modems illegally in any way, shape, or form. These modems are specifically for educational use only. We supply you only with a Motorola shelled diagnostic firmware with no settings changed. What you do with your product upon purchase is your responsibility.


So if the guy wishes to file suit for libel, he may have a point, but as for the FBI, they've more than likely got him. Then again, not to say this wouldn't be the first government enforcement agency screw up if we all recall this little incident: »www.gamepolitics.com/2007/08/04/···ftermath
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rradina @ 13th Jan 12:14PM:
Isn't this like copy protection?

Haven't we learned from DRM and other various copy protection schemes that they are only needed when there is a value/cost disparity? While there are always those who will try to cheat, if the service costs were lower, wouldn't there be a much smaller crowd about which to worry?
reply
anon @ 13th Jan 12:23PM:
I know Mastadogg and DerEngel

Masta was never that smart, he routinely assisted people with illegally uncapping their modem and stealing BPI+ certificates in open chat.
reply
AlexNYC @ 13th Jan 12:39PM:
Forgive my ignorance ...

Where these modems just uncapped or could you actually use them to get FREE internet as suggested in the article?

Uncapping is pretty common and quite useless when applied to a connection with a usage cap such as my Comcast 250GB limit.

Plugging in a modem into the coax cable and getting internet access for free without the knowledge of the cable company is quite different.
reply
brandon @ 13th Jan 12:44PM:
Re: He will probably get off

said by insomniac84 :

Offering information on how to do something illegal is not a crime.
Conspiracy to commit fraud is most definitely a crime, and making him a co-conspirator is not much of a stretch at all.
reply
itguy05 @ 13th Jan 12:52PM:
Re: He's just getting started

said by RadioDoc :

Possession of this equipment is not illegal so the customer list is not relevant to the prosecution. That someone bought one of these is not proof that it was ever used.

This dope attracted attention because of how he was marketing the modems.
Nice Try. Ask those who bought smartcard readers from the sites promising you free DirecTV. DTV sued the company, got the customer records and sued those that bought the devices....
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insomniac84 @ 13th Jan 12:54PM:
Re: He will probably get off

But that only works on cases in the U.S. and cases where they can prove he assisted in the crime. Their snitch doesn't qualify if he didn't do the crime.
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hopeflicker @ 13th Jan 01:02PM:
Re: Forgive my ignorance ...

Would the FBI be called in if i illegally spliced into the power pole in my backyard and got free electricity?
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tim_k @ 13th Jan 01:13PM:
Re: He's just getting started

said by itguy05 :

said by RadioDoc :

Possession of this equipment is not illegal so the customer list is not relevant to the prosecution. That someone bought one of these is not proof that it was ever used.

This dope attracted attention because of how he was marketing the modems.
Nice Try. Ask those who bought smartcard readers from the sites promising you free DirecTV. DTV sued the company, got the customer records and sued those that bought the devices....
Yep. I worked with a guy who was "contacted" by DirecTV. He had to pay around $7,000. But I think he said DirecTV actually bought the company to get the records.

Awhile ago a MD man was arrested for selling hacked game consoles (I forget which one) which allowed them to play copied games.
--
RIP my babys Buttons 1/15/94-2/9/07 & Beamer 7/24/08, Buttons, Buttons video, Beamer

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morbo @ 13th Jan 01:16PM:
Re: Waste of taxpayer dollars....

agreed. doesn't the FBI have a real job to do instead of being cableco's lackey?
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anon @ 13th Jan 01:20PM:
Re: blah

I do not think you actually went to the website where this guy sells his modems linked in the article. This is a firmware that he claims is loaded on a modem he sells...

Firmware Installed: Haxorware 1.0 RC6 (Stable)

Does Motorola call their stock firmware that?
reply
anon @ 13th Jan 01:24PM:
Re: Forgive my ignorance ...

The funny thing with a cloned MAC modem, or several cloned MAC modems, and Comcast's new 250GB limit is that if there are several modems with the same MAC, that is going to make that customer account that happens to have the cloned MAC reach the limit very quickly. Since, I believe, Comcast claims they track by MAC address so that if the customer's IP changes, which is the only way they can track for this limit.

Hopefully, Comcast tracks cloned MACs quickly, and gets a new modem to the legitimate customer quickly.
reply
mlundin @ 13th Jan 01:38PM:
Re: I still don't see how this is illegal

There are laws against possession of burglary tools? Since when? And laws against selling them to others for "that purpose?" I doubt it. I'm pretty sure I can put a crowbar, a sledge hammer, a lock pick set, & ski mask in a bag and sell it to you marketed as "tools for burglary" and not violate any law or ordinance. Now, if a bank gets robbed, I might/should expect a visit from the police asking me questions about who I sold it to... but that doesn't mean I did anything wrong.

I'll be interested to know what the feds charge this guy with and if they get past a grand jury.
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mlundin @ 13th Jan 01:46PM:
Re: Forgive my ignorance ...

The FBI? No. But police or sheriff... yes. Splicing into the power pole for power, gas line for gas, or water line for water is theft and you will get charged for it. You'll also probably get charged with something along the lines of vandalism or destruction of property, since the infrastructure beyond the meter is owned by the utility company. Very bad business. Don't do it. All utilities companies know the things to look for because they can be used to provide power for indoor drug growing operations.
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anon @ 13th Jan 02:02PM:
Unfortunate but deserving.

I knew Masta as well and he was quite the boastful type as were a few others on IRC. It was only a matter of time before he was found out.

As for his customers they most likely can be charged and/or sued, but most likely the companies will settle with them at a cost. Now what if some of these people were paying for service but used an additional box, per the website, for "educational use"...would they still be held liable? i guess we can wait and see.
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PaulHikeS2 @ 13th Jan 02:11PM:
Re: I still don't see how this is illegal

said by insomniac84 :

It's the cable companies fault
right
--
Jay: What the @#$% is the internet???
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Hpower @ 13th Jan 02:23PM:
How fake

OMG they are stealing my internet!!! LOL
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PapaMidnight @ 13th Jan 02:28PM:
Re: Forgive my ignorance ...

Comcast can't even track a cloned set top box. I doubt they can track a cloned cable modem.
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hopeflicker @ 13th Jan 02:49PM:
Re: Forgive my ignorance ...

said by mlundin :

The FBI? No. But police or sheriff... yes. Splicing into the power pole for power, gas line for gas, or water line for water is theft and you will get charged for it. You'll also probably get charged with something along the lines of vandalism or destruction of property, since the infrastructure beyond the meter is owned by the utility company. Very bad business. Don't do it. All utilities companies know the things to look for because they can be used to provide power for indoor drug growing operations.
They why is the FBI called in for hacked modems and for not a "hacked" electrical connection?
--
There is no love untouched by hate
No unity without discord
There is no courage without fear
There is no peace without a war
There is no wisdom without regret
No admiration without scorn

reply
PaulHikeS2 @ 13th Jan 02:51PM:
Re: Forgive my ignorance ...

said by hopeflicker :

said by mlundin :

They why is the FBI called in for hacked modems and for not a "hacked" electrical connection?
Interstate criminal activity.
--
Jay: What the @#$% is the internet???
reply
anon @ 13th Jan 02:51PM:
Re: Forgive my ignorance ...

said by hopeflicker :

Would the FBI be called in if i illegally spliced into the power pole in my backyard and got free electricity?
14KV is not good.

Probably I would call EMS or the morgue to dispose of your chared body ;)
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bender @ 13th Jan 03:20PM:
Re: blah

said by skuv :

I do not think you actually went to the website where this guy sells his modems linked in the article. This is a firmware that he claims is loaded on a modem he sells...

Firmware Installed: Haxorware 1.0 RC6 (Stable)

Does Motorola call their stock firmware that?
if i was motorola i would
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margaf77 @ 13th Jan 03:41PM:
Re: I still don't see how this is illegal

said by mlundin :

There are laws against possession of burglary tools? Since when? And laws against selling them to others for "that purpose?" I doubt it. I'm pretty sure I can put a crowbar, a sledge hammer, a lock pick set, & ski mask in a bag and sell it to you marketed as "tools for burglary" and not violate any law or ordinance. Now, if a bank gets robbed, I might/should expect a visit from the police asking me questions about who I sold it to... but that doesn't mean I did anything wrong.

I'll be interested to know what the feds charge this guy with and if they get past a grand jury.
You couldnt be more wrong.
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thevorpal @ 13th Jan 03:42PM:
Re: I still don't see how this is illegal

said by mlundin :

I'm pretty sure I can put a crowbar, a sledge hammer, a lock pick set, & ski mask in a bag and sell it to you marketed as "tools for burglary" and not violate any law or ordinance.
I'm pretty sure that you would get charged even before you had your first customer.

You are VERY wrong about the law on that one mlundin. It may vary by locality, but selling 'tools for the commission of a crime' is pretty much illegal everywhere.
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insomniac84 @ 13th Jan 03:43PM:
Re: I still don't see how this is illegal

If all you have to do is change a mac address to gain access to their network, then yes it is their fault. They are basically relying on the honesty of customers as a security method. Then when their security model fails, they waste the police's time to have them investigate and prosecute someone. They are wasting tax payer dollars because to them it's cheaper to have the police keep unauthorized people out than it is to secure their network.

Relying only on a MAC address is the same thing as having no security. They should implement some kind of legitimate security before bothering the police about authorized users.
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anon @ 13th Jan 03:53PM:
Re: Forgive my ignorance ...

said by hopeflicker :

They why is the FBI called in for hacked modems and for not a "hacked" electrical connection?
Because theft of cable service was made a Federal crime, and the Federal "police" is the FBI...

Why else do you think? I mean, come on.
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Zyniker @ 13th Jan 03:53PM:
Re: Criminals must brag

said by Nightshade :

My personal favorite is when he said, "The modem steals the internet."

You can't steal something that is essentially free in the first place. If you're going to brag about something, criminal or not, at least get your facts straight.
It may be worth noting that if he is actually brought up on charges and taken to court a savvy lawyer can use that comment to his advantage. Unless the FBI has more incriminating evidence (which they likely do), saying one is selling products that "steal" the "internet" has no real meaning. I may as well tell people a product I sell can "steal" "breathable air" from their neighbors. The only charges I'd be facing then are related to my product being a fraud. In this case, the fraud doesn't really apply so long as he was selling the 'hacked' modems as offering root access or whatever precisely he was offering.
--
The optimist proclaims that we live in the best of all possible worlds, the pessimist fears this is true.
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hottboiinnc @ 13th Jan 03:56PM:
Re: He's just getting started

And yet you can still get them.
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hopeflicker @ 13th Jan 04:09PM:
Re: Forgive my ignorance ...

said by nukscull :

said by hopeflicker :

They why is the FBI called in for hacked modems and for not a "hacked" electrical connection?
Because theft of cable service was made a Federal crime, and the Federal "police" is the FBI...

Why else do you think? I mean, come on.
seems kinda weird not to have theft of electricity as a fed crime too
--
There is no love untouched by hate
No unity without discord
There is no courage without fear
There is no peace without a war
There is no wisdom without regret
No admiration without scorn

reply
brandon @ 13th Jan 04:32PM:
Re: He will probably get off

said by insomniac84 :

But that only works on cases in the U.S. and cases where they can prove he assisted in the crime. Their snitch doesn't qualify if he didn't do the crime.
That's simply wrong on all counts.
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IanR @ 13th Jan 04:49PM:
Let's suppose he were a gun dealer

In selling a gun he might say.
"Of course this weapon should be used for target practise, but it can be aimed at people and used to kill them. If you do that I don't condone, or take any responsibility for such an act".
Could this "gun dealer" be charged, if any of his weapons were used in criminal activities? After all the weapon could be used for both legal or illegal reasons.

I also believe that there have been many suits in NY State when cars have been in fatal accidents and the manufacturer has been sued, not just the driver.....

I don't think that I want to be on either side of this case!
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Zag3 @ 13th Jan 05:20PM:
Re: He's just getting started

said by itguy05 :

said by RadioDoc :

Possession of this equipment is not illegal so the customer list is not relevant to the prosecution. That someone bought one of these is not proof that it was ever used.

This dope attracted attention because of how he was marketing the modems.
Nice Try. Ask those who bought smartcard readers from the sites promising you free DirecTV. DTV sued the company, got the customer records and sued those that bought the devices....
Yes but that was a civil matter. This is a criminal case. Directv could sue you if they wanted, that doesn't mean anything. They didn't have to settle with them either. They could fight back but that gets expensive so people just settle. Completely different thing.
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Kearnstd @ 13th Jan 05:35PM:
Re: I still don't see how this is illegal

well my guess is also that the modem loads it's own bootfile that overrides the provider's walled garden one for non activated MACs.
--
[65 Arcanist]Filan(High Elf) Zone: Broadband Reports
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sunny8294 @ 13th Jan 05:45PM:
oh no

Omg! The interwebzZzZ is threatened
--
.:: Sunny ::.
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sibisties @ 13th Jan 06:03PM:
Re: I still don't see how this is illegal

Reverse engineering a copyrighted firmware is illegal.
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anon @ 13th Jan 06:11PM:
Re: Let's suppose he were a gun dealer

said by IanR :

Could this "gun dealer" be charged, if any of his weapons were used in criminal activities?
Only if your poor analogy includes him loading the gun, aiming it, and pulling the owners trigger finger. Which is essentially what mastadogg did for most of his modem sales.

He continually assisted in theft of service and legitimate BPI+ certs.
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RadioDoc @ 13th Jan 06:29PM:
Re: He's just getting started

said by itguy05 :

Nice Try.
Yes it was, and an accurate one. "Illegal" means it is against the law. There is no law preventing someone from owning one of these modems. They are not proprietary and readily available.

Even if it was relevant, the DirecTV case was a civil matter and involved proprietary equipment.
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LinkTech @ 13th Jan 09:53PM:
The Story is False

Look at the forums... he hasn't heard anything.

»www.cablehack.net/forum/bulletin···com.html
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N3OGH @ 13th Jan 10:24PM:
Re: Great website...

By the time a Federal case gets to this point, you're usually toast.

Federal prosecutors win a majority of their cases, and unless they think they've got a winner they don't move.

This guy's done. And usually I'm no fan of the cable companies. But this is blatant theft, and thieves belong in jail.

There are no shortcuts, folks. Hard work, honesty, and determination are the way to get ahead. Not underhanded crap like this.
--
Petty people are disproportionably corrupted by petty power…
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qworster @ 13th Jan 11:34PM:
Apparently he hasn't been charged yet...

He hasn't been charged with anything, this is only an investigation. That said, why the HELL is the FBI leaking this to the press? It's a FEDERAL CRIME to reveal ANY investigation in progress to the public! See despite how much Bush has trashed our liberties, most of us are STLL INNOCENT UNTIL PROVEN GUILTY! This is why even Grand Juries are held in secret-to protect the privacy of the innocent. Since he has not been served with anything, this means he has NOT been indicted-so EVERYTHING involved with this case is required by FEDERAL LAW to remain secret from the public. For example, let's say that the Grand Jury decided not to issue an indictment (which happens about half the time). Publicizing the investigation would trash an innocent person in the press. In simpler terms, they would be getting judged in the court of public opinion instead of a court of law.

The FBI agents who leaked this to Wired should be proscecuted themselves! THEY are the ones who have committed a crime here. If I were him, I'd have my lawyer file with the court to get this tossed into the dumpster-as it most certainly would (and should!) be.

Paul Newman did a film about something similar to this called: Absence of Malice.
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beaups @ 13th Jan 11:56PM:
Re: Apparently he hasn't been charged yet...

It is illegal to reveal any details about someone being investigated for a federal crime? Please provide some data supporting this (preferably not a movie).
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WiFiguru @ 14th Jan 01:00AM:
FBI investigation

It is, I don't have the data in front of me to prove it.

Just think about when you are on Jury duty, you cannot state what the case is, that you are on, until it is over.

Same with an investigation.
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Ikyuao @ 14th Jan 03:55AM:
Confuse...

Is that false news as rumors against the cablehack.net business owner? I would be in interesting to order two mod cable modems come from the cablehack.net site :D
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anon @ 14th Jan 04:34AM:
PA Man Charged With Selling Hacked Cable Modems

this is funny as all hell, first of all, the firmware was released by motorola to be used, and second, if it was true, he wouldnt still be online. Give it up, its a big scare tactic to try and shut down modders and testers alike. Put another scare tactic made by the press from the "man", go to bed and wake up hopefully forgetting this stupid thing ever existed, propaganda is wonderful
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cableties @ 14th Jan 06:46AM:
Re: Great website...

Yeah. That line said it all:

"You have 7 business days to remove this report / story from your blog. if you fail to do so, I will press charges to the full extent."

Guilty. next!
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anon @ 14th Jan 07:24AM:
a little more background for you

"Mastadogg" will be charged under US code 18.1029 sections (a)(9) and 1029 (b)(2) Fraud and Related activity to access devices. I won't regurgitate the whole law, but in a nutshell it is illegal to have devices that access common networks that can change their identities IF you have ****intent to commit fraud****.
The NJ court made a mistake as the complaint was supposed to be sealed until the warrant was issued. Needless to say the FBI is a little upset.
During the course of the investigation it was found that for a period he was advertising "Free Internet Modems", Remotely logging into his customers computers and setting up the modems for them, Providing tutorial CD's with Pirated copyrighted software. Advertising and bragging in his irc channel on Efnet about how these modems could be used to steal service and make you "invisible on the net" so you could commit more fraud without being caught (he has a history with botnets and Credit Card Fraud). He had many conversations with undercover officers that showed his true intentions were without a doubt illegal and his only purpose was to sell equipment to steal service from Service providers. He also was involved with a site that did Satellite service theft and had them convinced that his equipment would help their customers be "invisible" for updates. His Canadian partner that is linked with Derengle worked with him to steal the Certificates from modems that were paying for legit services and he was selling these certificates for between $50 and $70 USF. (Even Docsis 3.0 systems are not immune btw people, don't let the ISP's fool you).He also used to give out large lists of modem HFC macs to people to help make it easier for them to steal service.
He had the attitude that he could say anything he wanted on his irc channel and he would be immune. One of his partners in the USA was also involved with various cybercrimes like breaking into Charter (they are well known by Mr. Nelson at Charter). And he was involved with a well known ddos skiddie that went by the name "dshocker" that was recently incarcerated.
If you look at the Modem firmware "Haxorware" you will see on one of it's hardcoded pages that cablehack.net is strictly prohibited from distributing and selling it. The reason that was put there was because Mastadogg had been involved with a group that worked with designing and building diagnostic modems. He was kicked out of that group because he had started a "theft of service" enterprise behind their backs, they were into teaching Docsis systems and helping ISP customers find out the TRUTH about the BS that many ISP's provide. He did not develop or discover anything new, he simply stole programs,firmware and information from others, twisted it around and took credit for it. He was also responsible for committing ddos and hack attacks against the site that he stole information from (One example is Mastadogg's group was involved in spamming kiddie porn with the admins picture "photoshoped" on the corner and his personal information plastered on it). He had also tried to hack into many of their servers and home systems to be able to try and blackmail them into giving more information to aid his little "business venture", since he and his "team" could not create anything original themselves.
IF you do your research and find the group he was kicked out from, DON'T ask them how to steal internet, they will ban you or just delete your post. But you will learn information that the ISP's don't want you to know.
He has been shunned by every Ethical Hacking group out there, and by any educated computer user. I found some interesting reading about him here in the original wired blog;
»blog.wired.com/27bstroke6/2009/0···ker.html
the FBI complaint can be seen here;
»blog.wired.com/27bstroke6/files/···aint.pdf
I would not recommend that you try and buy one of his Theft of Service devices from him, because as is mentioned in the Wired and FBI statements, his financial records are already in the hands of federal authorities. And it would be hard for YOU to say that you bought without intent after all this publicity.

Diagnostic modems are perfectly legal and are VERY useful tools in educated hands to find problems in a Docsis network. (They are also manufactured by almost every modem maker) Or in a lot of cases to find out if a ISP is lying to you (becoming more and more common as they oversell their bandwidth and don't invest in infrastructure). Which is why it is against the terms of service with the service providers.
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brad @ 14th Jan 07:54AM:
Re: I still don't see how this is illegal

said by insomniac84 :

If all you have to do is change a mac address to gain access to their network, then yes it is their fault. They are basically relying on the honesty of customers as a security method. Then when their security model fails, they waste the police's time to have them investigate and prosecute someone. They are wasting tax payer dollars because to them it's cheaper to have the police keep unauthorized people out than it is to secure their network.

Relying only on a MAC address is the same thing as having no security. They should implement some kind of legitimate security before bothering the police about authorized users.
This is all irrelevant. It still doesn't change the fact that what he is doing is illegal.
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ctceo @ 14th Jan 08:29AM:
Re: Great website...

Yeah, they usually don't take on cases they know they aren't likely to win, unlike some lawyers.
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mlundin @ 14th Jan 09:47AM:
Re: I still don't see how this is illegal

I suppose we ought to shut down the Home Depot and Lowes in town then.
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mlundin @ 14th Jan 09:55AM:
Re: Forgive my ignorance ...

It probably wouldn't be the FBI if the guy being charged had simply stolen cable/internet service from the local cable company. The FBI is involved here because he was selling supposedly illegal goods across state (and international?) lines. Different crime, different jurisdiction.
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hopeflicker @ 14th Jan 10:46AM:
Re: Forgive my ignorance ...

said by mlundin :

It probably wouldn't be the FBI if the guy being charged had simply stolen cable/internet service from the local cable company. The FBI is involved here because he was selling supposedly illegal goods across state (and international?) lines. Different crime, different jurisdiction.
ahh! thanks for clearing that up
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insomniac84 @ 14th Jan 10:58AM:
Re: I still don't see how this is illegal

It is not irrelevant. It very relevant. They are relying on the police to keep them safe in the absence of any real security. The police aren't their personal security task force whose purpose is to allow them to ignore basic security. This is the same thing as leaving your doors wide open at night and then calling the police every morning because something is missing. After the first time, the police would probably tell you to close your doors and if you ignore them, by the third time you call they would stop coming out. But since the police don't understand technology, they label cases like this "hacker" cases and pretend as if the person doing it is some kind of computer genius impossible to stop. The police are not an unlimited resource, if someone doesn't want to implement even the most minimum amount of security to weed out 99.99% of crime against them, the police should not even try to help them.
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qworster @ 14th Jan 01:14PM:
This will get thrown out

The NJ court made a mistake as the complaint was supposed to be sealed until the warrant was issued. Needless to say the FBI is a little upset.

This can/will be thrown out (and should be) BECAUSE this was illegally unsealed and subsequently wound up in the press.

Plus, have you read the FBI complaint? This supposed FBI "expert" is a scheming liar! He states that MAC addresses are "Intended to be unique". Notice how he twists the truth here? Anyone that has ever worked in IT knows that while they are SUPPOSED to be unique, frequently they are not! I have serviced computer networks where several computers didn't work. In each case I found that these computers didn't work because their NICs had the SAME MAC ADDRESSES! This is now one of the FIRST things I check these days. Replacing the cards fixed the problems, and the old cards were then used at other locations successfully.

I also once had a replacement Motorola cable modem I bought from Circuit City and upon unpacking it and plugging it in to Cox cable it immediately began working. I called Cox customer support to ask how this could be and when he put its MAC address into his system it came up as already been registered for over a year! It turned out that two unmodifed cable modems had the same MAC address! The Cox guy did nothing about it-though he did turn on my billing-and gave me my higher tier of service. I'm assuming that the other modem owner also got upgraded service as well-for free! Maybe the FBI should investigate HIM? After all, he got upgraded cable Internet service that he didn't pay for!

Plus, if you follow his logic in the complaint through, guns should be illegal, because they CAN be used to kill people and commit other crimes. Nowhere does he mention that diagnostic cable modems have legitimate uses.
This guy lies by omission AND also stretches the truth to the breaking point!

Let's not mention that 99% of the el cheapo routers such as Linksys and Netgear have the abllity to spoof their MAC addresses. I think the FBI should IMMEDIATELY start an investigaton and then issue criminal complaints to the THIRTY MILLION or so USA users of these routers!
After all, you COULD use these to commit a crime!

He also mentions botnets-what the HELL do botnets have to do with cable modems?

I've seen Swiss cheese with fewer holes then this complaint!

I would expect MUCH better work from a supposed prestigious agency such as the FBI...This stuff sounds like it came from a Junior Detective's kit!

Just another example of how purely incompetant law enforcement and the courts are!

Look, I have no idea whether this guy is guilty or not, but based upon this "Keystone Cops" FBI work, this whole thing should be placed in the DUMPSTER where it belongs. If it isn't, it will prove to me just how CORRUPT law enforcement and the courts are today!

UPDATE: He was arrested today at his home.

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itguy05 @ 14th Jan 09:17PM:
Re: He's just getting started

said by RadioDoc :

said by itguy05 :

Nice Try.
Yes it was, and an accurate one. "Illegal" means it is against the law. There is no law preventing someone from owning one of these modems. They are not proprietary and readily available.

Even if it was relevant, the DirecTV case was a civil matter and involved proprietary equipment.
Actually DirecTV used smart cards. Those Smart Cards have legitimate uses. If you have a GSM phone you have one. I had one imbedded in my work ID card for VPN purposes.

Smart Card readers have many legitimate uses.
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exocet_cm @ 15th Jan 09:35AM:
Re: Criminals must brag

Damn tube thieves.
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anicetoemma @ 15th Jan 09:36AM:
Re: He's just getting started

The forum seems to have been taken down.
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