Cable Modem Hacker Indicted on Federal Charges
by John Mark Walker - Nov. 05, 2009Comments (2)- Related Blog Posts
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In a case reminiscent of the DVD hacking cases from the early 2000's, Oregon cable modem hacker and author of "Hacking the Cable Modem" has been charged with conspiracy and aiding and abetting wire fraud. This is another sad commentary on a criminal justice system that prosecutes the toolmaker without noting the legitimate uses of hardware hacking and modding.
The art of taking an existing product and modifying it in ways never intended by the original manufacturer has been a core tenet of the open source and free culture movements from the beginning. It is long past time for more sanity when considering these issues and crafting public policy.
From the Wired article, linked above, Ryan Harris (DerEngel, as he is known in modding circles) disputes the charges: "I would never sell to anyone who had the intent to break the law.” Indeed, it would appear that Harris is being punished for the crimes of those who purchased unlocked modems and used them toward nefarious ends. By this logic, one has to wonder how gun manufacturers escape FBI scrutiny.
The fact of the matter is that it *is* possible to prosecute those who break the law without holding responsible those who create and distribute legitimate hardware or software tools. But after what happened to Jon Lech Johansen and others in the past, this is hardly surprising.
After witnessing several cryptography and multimedia efforts migrate overseas as a direct result of our misguided law enforcement and technology policies, it would seem that we can ill afford to cede yet more innovation to other locales around the world. If you care about the future of open source innovation in the United States, you need to care about this issue. One hopes that the EFF is supporting Harris in his legal efforts. Have you contributed to the EFF lately?
