Re: Encryption is now illegal? (Re: U.S. Secret Service shuts down NYC cellular disruption network)

[Jay Acuna via NANOG <nanog () lists nanog org>]

On Wed, Sep 24, 2025 at 11:50 AM Kurtis Heimerl via NANOG
<nanog () lists nanog org> wrote:

> Afaik yes, as it circumvents a bunch of telecommunication fees, taxes, and
> stuff, but I am not a telco lawyer. It's also obviously against the terms
> of service, though that's not illegal.

Breaking Terms of Service you agreed to is Illegal.
That is called a breach of contract, which is an illegal action or inaction.

It is a civil matter that becomes a crime if you planned to never follow the
agreement in the first place (And other conditions exist, such as possibly
a certain dollar amount threshold).  It is extremely likely all those conditions
are met if they have got 1000 SIM cards to go into business, and activated
on any type of Telecom service that has terms of service inconsistent
with what they're doing.

If from before the day you signed up: You have a
business scheme already designed to profit mainly from violating an agreement
which is part of a business plan that causes a gain for yourself at a
loss to the
party you reached an agreement with, and persuaded them you would follow,
Their Terms of Service,  as part of the transaction to obtain their services.

Your agreement encourages the other party to provide something of value
(Telecom services), which they would not likely offer without you signing an
agreement, and by accepting the agreement you had represented you would
follow their rules.

Your agreement to their terms becomes a deception at the service
provider's expense: if you specifically intended to break the agreement.
Especially if on the same day you agreed; you already had a business plan
that would require violating the same agreement.

You have what is called a fraudulent scheme If you agreed to a ToS
always intending to violate it in order to profit at another party's loss,
and you actually do profit.

--
-JA
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