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Are you going to take part in "Operation Chokehold"


  • Total voters
    231
  • Poll closed .
In some jurisdictions this would be a crime since the purpose is to prevent AT&T from operating its network, and thus your use of AT&T's network has exceeded what AT&T would consent to, and what you are licensed to do (it's sort of like a trespass theory). For example, I believe there is an appeals court case in Britain to that effect. I don't know if this is the law in the U.S., but I know of no such statute at the federal level (doesn't mean there isn't one), which is why I ask the poster to produce his authority for his contention.

Yes, Im sure AT&T would try to prosecute all its customers who use data that day. Lets all take our tinfoil hats off.
How would one prove that the way Im using my unlimited data plan that day is against the law or a procecutable crime?
 
First, making something a federal crime doesn't make it terrorism. Terrorism has a specific meaning, and "trying to take down ATT network" ain't terrorism. Second, it doesn't have to cross state lines to be a federal crime. Third, please cite the federal criminal statute that makes DDoS's illegal.

As for your suggested boycott with AT&T, you do realize AT&T is contractually forbidden from releasing iPhone on other networks, right?

True on all that but the fact that it crosses state lines automatically makes it a federal. DDoS attack are considered a crime.
as for proof

http://www.justice.gov/criminal/cybercrime/ccpolicy.html#DDSA

DDoS is consider cyber crime.
 
Yes, Im sure AT&T would try to prosecute all its customers who use data that day. Lets all take our tinfoil hats off.
How would one prove that the way Im using my unlimited data plan that day is against the law or a procecutable crime?

True on everyone but FSJ. If any crimes will be pressed it will be be against him and he really does not have a defense against it legelly
 
True on all that but the fact that it crosses state lines automatically makes it a federal. DDoS attack are considered a crime.
as for proof

http://www.justice.gov/criminal/cybercrime/ccpolicy.html#DDSA

DDoS is consider cyber crime.

You misread my point. Yes, crossing state lines makes it federal. What I said is it doesn't NEED to cross state lines to be federal. Committing crimes using the instrumentalities of interstate commerce (phones) are federal crimes even if they don't cross state lines. Certain crimes are federal even if they don't involve multiple states (for example, counterfeiting U.S. currency, killing certain federal employees, etc.)

Second, I went to your link, which linked to this: http://www.justice.gov/criminal/cybercrime/dag0229.htm

If you read the "legal challenges" section, the point being made is that there is no particular criminal statute being violated (arguably). Calling something "cybercrime" does no good unless an actual criminal statute is being violated.
 
True, that makes more sense.

Of course he has a defense. There has to be an underlying crime committed in the first place. 18 USC 1030 certainly doesn't seem to apply. (Could be wrong). Some states have better laws (CPC §502(c), for example, in California).
 
Well if he believes DDoS is not a crime then I know one lawyer who I would never hire because I would call him rather worthless.

It's not a question of what I believe. I'm asking for someone to point me at a statute. So far I've been pointed only at a department of justice site that calls it a cybercrime, and then asks congress to please pass a law against it.

If you read the federal statute that currently exists and seems to be the closest (18 USC 1030) (which is also the statute that Mr. Holder refers to), it appears to not apply in this situation because of the $5000 thing to which Holder refers.

So, I guess if I'm a bad lawyer, so is the attorney general of the U.S., because I'm agreeing with him.

On the other hand, I do think that there may be statutes in California that apply, though the first amendment is likely to be a valid defense.
 
Are you going to take part in " Operation Chokehold " ?

On Friday, December 18, at noon Pacific time, we will attempt to overwhelm the AT&T data network and bring it to its knees. The goal is to have every iPhone user (or as many as we can) turn on a data intensive app and run that app for one solid hour. Send the message to AT&T that we are sick of their substandard network and sick of their abusive comments. THe idea is we’ll create a digital flash mob. We’re calling it in Operation Chokehold. Join us and speak truth to power!

link to original article
 
Because this doesn't hurt AT&T at all. It will only hurt people who might be legitimately trying to use their phones during that time.

exactly...

the fact that AT&T is trying to limit us smartphone users data usage on an unlimited pan is total BS!!!!
 
This is honestly a stupid idea, this whole operation chokehold thing. If you want to prove a point, switch carriers. From what I have read, there aren't many followers anyways. I can see this doing no damage.

For me, I have no major complaints with AT&T.

Also, I believe they are talking about those who are probably tethering their phone with their computers. I use my iPhone constantly online and have never had one issue with AT&T complaining, because I do it legitimately.
 
It won't do anything except point up the immaturity of some iPhone owners.

And possibly harm innocent users.

It'd be more effective to organize a texting campaign to ATT's Ralph de la Vega and Apple's Steve Jobs... and cc each text to the WSJ's Walt Mossberg.
 
This is honestly a stupid idea, this whole operation chokehold thing. If you want to prove a point, switch carriers.

For me, I have no major complaints with AT&T.

Same here but im not gonna sit back and watched my unlimited data plan get capped because AT&T's network can't handle the heavy data usage of todays smartphone users.
 
exactly...

the fact that AT&T is trying to limit us smartphone users data usage on an unlimited pan is total BS!!!!

Did you even read what I wrote? I think the idea is stupid and won't make AT&T change anything but it will hurt people who want to use their phones during the chokehold.

Plus, AT&T isn't trying to limit the unlimited plan, they're probably going to introduce tiered plans for data.

Same here but im not gonna sit back and watched my unlimited data plan get capped because AT&T's network can't handle the heavy data usage of todays smartphone users.

So instead of sitting back you're just going to do something that will only hurt other people? Yeah, that's smart... :rolleyes:
 
So now because of this stupid "operation" I'm probably going to be looking at even slower 3G speeds... Great to know..

Just because its an unlimited data plan, how much exactly do you plan on using a month?? Seriously, how much data do you use? I'm on my phone almost 8 hours a day surfing the web, emails and just random apps and I use maybe, maybe 500MB a month.
 
So now because of this stupid "operation" I'm probably going to be looking at even slower 3G speeds... Great to know..

Just because its an unlimited data plan, how much exactly do you plan on using a month?? Seriously, how much data do you use? I'm on my phone almost 8 hours a day surfing the web, emails and just random apps and I use maybe, maybe 500MB a month.

Don't even worry about slower 3G speeds. I for one use a lot of data, around 2-3GB a month. But, I do not like the notion of "punishing" people who use more data than others. If AT&T does go with some sort of punishment, Verizon will have a ball. I can see it now (Start with a maps commercial then fade into this) "See, we showed you AT&T's failed coverage, but even with the little coverage they have, they can't even support your data or calls. That's why they're punishing their high data users with *insert regulation*. Come to Verizon, where you can talk/surf anywhere and everywhere, AND as much as you want with no worries about *insert AT&T's regulation*.
 
Only imbeciles will do this.

Exactly right. This campaign will hurt AT&Ts customers more than it will hurt AT&T. Moreover, while I thoroughly dislike AT&T, I wish AT&T had the ability to suspend the accounts of anyone who participates in this type of event.
 
Is this secretly called "Operation We're Huge Bada**es because we have the the word Operation in the title"? ;)
 
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