Re: Computer Misuse Act 1990

Peter Crosland wrote:
> 1 Unauthorised access to computer material
> (1) A person is guilty of an offence if-
>
> (a) he causes a computer to perform any function with intent to secure
> access to any program or data held in any computer;
>
> (b) the access he intends to secure is unauthorised; and
>
> (c) he knows at the time when he causes the computer to perform the function
> that that is the case.
>
> (2) The intent a person has to have to commit an offence under this section
> need not be directed at-
>
> (a) any particular program or data;
>
> (b) a program or data of any particular kind; or
>
> (c) a program or data held in any particular computer.
>
> (3) A person guilty of an offence under this section shall be liable on
> summary conviction to imprisonment for a term not exceeding six months or to
> a fine not exceeding level 5 on the standard scale or to both.
>
> Does anyone else think that the updating of 2700HGV firmware by BT
> contravenes this provision where the 2700HGV belongs to someone who is not a
> the original BT customer it was supplied to?
>
> Peter Crosland
>
>

This is nothing to do with the ownership of your router, but it is part
of the terms and conditions of the BT broadband service that you signed
up to. Try reading them and you will see that there is a clause covering
this. The same for them enabling FON and Openzone on your router.

If you don't agree with these terms, then find another provider whose
terms you do like!

On 15/01/2010 16:10, Ian Pawson wrote:
> Peter Crosland wrote:
>> 1 Unauthorised access to computer material
>> (1) A person is guilty of an offence if-
>>
>> (a) he causes a computer to perform any function with intent to secure
>> access to any program or data held in any computer;
>>
>> (b) the access he intends to secure is unauthorised; and
>>
>> (c) he knows at the time when he causes the computer to perform the function
>> that that is the case.
>>
>> (2) The intent a person has to have to commit an offence under this section
>> need not be directed at-
>>
>> (a) any particular program or data;
>>
>> (b) a program or data of any particular kind; or
>>
>> (c) a program or data held in any particular computer.
>>
>> (3) A person guilty of an offence under this section shall be liable on
>> summary conviction to imprisonment for a term not exceeding six months or to
>> a fine not exceeding level 5 on the standard scale or to both.
>>
>> Does anyone else think that the updating of 2700HGV firmware by BT
>> contravenes this provision where the 2700HGV belongs to someone who is not a
>> the original BT customer it was supplied to?
>>
>> Peter Crosland
>>
>>
>
> This is nothing to do with the ownership of your router, but it is part
> of the terms and conditions of the BT broadband service that you signed
> up to. Try reading them and you will see that there is a clause covering
> this. The same for them enabling FON and Openzone on your router.
>
> If you don't agree with these terms, then find another provider whose
> terms you do like!

That is assuming that the OP has a BT Broadband contract.
I don't believe that he has but instead has bought a second-hand BT
Business Hub, AKA 2-Wire 2700HGV modem/router and is using it on a
Broadband connection from another ISP.
The point I made earlier still stands, which is as follows.
If these modem/routers are not available on the open market (having been
exclusively provided by BT as part of their Business Broadband service)
then they will be programmed to call home (to BT) for upgrades.
This is a case of caveat emptor.
i.e. don't buy second-hand kit and then moan because it does something
that you don't want it to do.
If you didn't buy it brand-new, you have no contract with anyone apart
from the person who sold it to you, who is probably a private individual
(and who may well also have "appropriated" it from BT)!

George