Bandwidth theft - procedure and contacts to solve

Pr0PheT

Member
Joined
Jul 28, 2005
Messages
21
Hey I just wanted to let u guys out there know that you can and will get busted. I was a firm believer that there was no real law against bandwith theft and that the police is too lazy to do anything.

But I was wrong, today I had 6 cops at my door with a search warrant, I glady let them in as bandwith theft had not crossed my mind.

I was told that I had controviened section 86 (1) (2) of the electronic and communications and transmissions act (act 25 of 2002) which in basic terms refers to bandwith theft. I stay in Johannesburg and these police officers came all the way from cape town they also had a seargant from the sandton police station with them. They explained to me that this is a new section of the police which was formed in 2002 and in cape town because most main isp servers are located there.

Anyway I know that I have used other peoples accounts occasionally, which isnt right and unacceptable. Anyway the account I used was reported to the police in November 2006, it took them 10 months to get my information from telkom. They told me that their unit is growing because of the increase in adsl users as well as the increase of adsl account theft.

They explained my 2 options.

1.) Is admition of guilt, this will involve admitting to the crime this will include paying a fine, recieving a criminal record and the seizure of my pc (which wont be used in anyway and just kept as assurance untill I have paid the fine)

2.) Is denying involvement in the crime in which I would need to appear in court in cape town. For this option the search warrant comes in hand in which they have the right to seize any computer, harddrives, devices which are connected to a network point or not, computer storage devices such as flash drives, dvd's, tapes, documents, hard copies, software or devices such as palmtops, cell phones, i-pods, laptops, notebooks, adsl router, "skype" peripherals, telkom devices or any other devices that may reflect the following username.... . That didn't sound like a good option because I knew I was guilty, they could take whatever and I would probably never see it again plus I would be fined for every single account in my posession. I didn't have any accounts saved anywhere, only on the internet but this option is not even feasible if you aren't guilty.

So this is just a warning to all adsl "hackers" (can't even call it hacking coz its so noob) but anyway just dont do it. We all know that telkom is to blame for high prices but it doesnt justify the crime.

I know many people will say serves u right bla bla and that I'm only saying this because I got caught. But u know ur right, I know its retarded to steal bandwith its just the same as bribing a metro cop and its just as bad for the economy people just lack basic ethics. Some lack ethics some are greedy some are both, like me I have a 10gb cap but I still did it.

This post serves as a contribution to the community to help reduce bandwith theft. I just hope this serves as a wake up call for many that thing they can't get busted. I got caught for an account I used last year about 10 months ago. So if you're using a hacked account now u might just get caught next year april.
 

Pr0PheT

Member
Joined
Jul 28, 2005
Messages
21
Pr0PheT, what are you planning to do?

I assume u mean what option I chose ?

Admission of guilt was the obvious choice, not only because i'm guilty but also due to convinience sake. I got caught, I deserve punishment.
 

The_Unbeliever

Honorary Master
Joined
Apr 19, 2005
Messages
103,196
@ Prophet - Just really don't know what to say, except that you did the right thing and admitted you stole.

I admire you for doing so, it takes a man to admit he's taken something which's not his.

For your sake I hope the court case gets over and done with soon, and not dragged out for ages.

And thank you for posting that information, now we do know that it helps to report theft, even if it takes a long while to get to the criminal.

Regards

Libs
 

WiseCrack

Expert Member
Joined
Mar 27, 2005
Messages
1,958
No he will not have to go to court if he admit and pays the fine.

He will however receive a criminal record for it.

That's my understanding anyways.
 

WiseCrack

Expert Member
Joined
Mar 27, 2005
Messages
1,958
@ PrOPhet good one for posting here man will no doubt serve as a warning to other people doing the same thing.

What does the admission of guilt fine come to?
How many bucks will you have to fork out?

Just wonder that if the admission of guilt fine is like a R100 if it would really deter people and also what happens if you get caught again?
 

The_Unbeliever

Honorary Master
Joined
Apr 19, 2005
Messages
103,196
Just wonder that if the admission of guilt fine is like a R100 if it would really deter people and also what happens if you get caught again?

Would also like to hear.

And there's no excuse anyway - you can buy axxess prepaid vouchers at PnP and Engen, so theft is actually more of a schlepp than it's worth :D

Better keep a clean record, pay R70 and don't have to waste your time sitting in court all day long :D
 

Debbie

Banned
Joined
Mar 17, 2005
Messages
7,253
@ PrOPhet good one for posting here man will no doubt serve as a warning to other people doing the same thing.

What does the admission of guilt fine come to?
How many bucks will you have to fork out?

Just wonder that if the admission of guilt fine is like a R100 if it would really deter people and also what happens if you get caught again?

There are no set fines fo this, afaik?? :confused: Pr0Phet will probably have to wait and see what the court/prosecutor etc determines to be appropriate. I'd imagine the fine to be a few times the Rand value of the account (eg R1000 for an R80 account; maybe R4000 for a R1500 account...)... will you let us know Pr0Phet?

More worrying is the criminal record.
 

squirrel

Expert Member
Joined
Jun 11, 2005
Messages
1,979
Yeah the criminal record is harsh, I feel for you! Surely there is a way to get rid of that because that's something that can change your life
 

TheLoot

Senior Member
Joined
Dec 19, 2006
Messages
966
Does anyone know if this type of police unit or law could be applied to someone who uses a free open proxy ? I don't personally use one, but I've heard of people who do :) (lol, yeah that's what they all say I know ;) its true !)
 

dominic

Legal Expert: Telecoms
Joined
Sep 7, 2004
Messages
7,329
Does anyone know if this type of police unit or law could be applied to someone who uses a free open proxy ? I don't personally use one, but I've heard of people who do :) (lol, yeah that's what they all say I know ;) its true !)
off the top of my head and subject to the real meaning of "free" (i.e. why is it free?) i do not see that is criminal under the ECT Act

this level of "sophistication" will take a lot of time for the cybercrime unit to get to grips with
 

dominic

Legal Expert: Telecoms
Joined
Sep 7, 2004
Messages
7,329
Electronic Communications and Transactions Act [No. 25 of 2002]

http://www.info.gov.za/gazette/acts/2002/a25-02.pdf

The court order and search warrant will state, Section 86 (1) (2), so even if you have broken (3, 4 or 5) they can't issue the relevant fines.
friendlier html version at www.internet.org.za

re the fine - there is no set amount

"89.(1) A person convicted of an offence referred to in sections 37(3),40(2), 58(2), 80(5), 82(2) or 86(1), (2) or (3) is liable to a fine or imprisonment for a period not exceeding 12 months."

..interesting approach from the cybercrime unit: hardly gave you a choice (like you say even if you were not guilty it would have been the best option to take the admission of guilt option) and to me this is partly from the realisation that it is damn difficult to make these things stick in the magistrate's courts. not because the law is complex but because of the technical nature of the evidence and the lack of capacity & expertise to deal with this

but hey - good for you for posting and it is nice to see some effective action on this (although it would be nicer to see the service providers get it in the neck for their attitude to this issue)
 

TheLoot

Senior Member
Joined
Dec 19, 2006
Messages
966
off the top of my head and subject to the real meaning of "free" (i.e. why is it free?) i do not see that is criminal under the ECT Act

this level of "sophistication" will take a lot of time for the cybercrime unit to get to grips with

Free because no user name/password is required to use it. They are often servers that have been wrongly configured, have access to the internet and a few open ports. People use them often for browsing behind an IP other than own (for anonymity), but others in SA use them for other means. Bottom line is you are using someone (usually a company not a consumer) else's bandwidth.

EDIT: A couple of South African IP's pop up on internet lists from time to time (www.xroxy.com). Not very many :)
PS That link is for reference, I would not recomend using the site for any other purpose !
 

dominic

Legal Expert: Telecoms
Joined
Sep 7, 2004
Messages
7,329
Free because no user name/password is required to use it. They are often servers that have been wrongly configured, have access to the internet and a few open ports. People use them often for browsing behind an IP other than own (for anonymity), but others in SA use them for other means. Bottom line is you are using someone (usually a company not a consumer) else's bandwidth.
then it is more than likely unauthorised access to data (although perhaps still not clear who is doing the "stealing"?) but this would be a bitch to prove
 

Darkling

Active Member
Joined
Sep 5, 2005
Messages
65
Im sorry, but having read Prophets post a few times, Im finding it hard to believe he was ever charged with anything.
His post reads like a bed time story to warn children from stealing bandwidth.

Stealing bandwidth is wrong and I would never do it, but I don't believe he ever did either.
 

Pr0PheT

Member
Joined
Jul 28, 2005
Messages
21
Im sorry, but having read Prophets post a few times, Im finding it hard to believe he was ever charged with anything.
His post reads like a bed time story to warn children from stealing bandwidth.

Stealing bandwidth is wrong and I would never do it, but I don't believe he ever did either.

lol ur quite mistaken there, would u like me to scan the search warrant and upload it here ?
 

Darkling

Active Member
Joined
Sep 5, 2005
Messages
65
If I am wrong, I appologise, its not really that important either way as I have no doubt some people HAVE been charged.

If you want to scan the warrant, go ahead. By the way, are you from Johannesburg?
 

TheLoot

Senior Member
Joined
Dec 19, 2006
Messages
966
then it is more than likely unauthorised access to data (although perhaps still not clear who is doing the "stealing"?) but this would be a bitch to prove


Perhaps we should just leave it :) Wether it's legal or illegal; easy to bust or not so easy it just didn't feel right so I left it alone before really using something like it :p
 
Top