, 2007-09-04
I admit it: I own an iPhone. Indeed, I bought one the day they came out. No, I didn’t wait in line for hours; I just walked into the local Apple store, plunked down my life’s savings, and voila, another AT&T customer!
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Excellent point. The Cummings case actually involved "speed dialers" but the language of 18 USC 1029(7) is certainly broad enough to potentially cover someone who PAYS for T-Mobile service, PAYS for an iPhone, and modifies the iPhone to use it on T-Mobile service. You are correct that the mere deprivation of money to AT&T/Apple might be sufficient to establish a scheme to defraud, and that the existence of the software "lock" might establish that the use of the phone is "unauthorized."
My concern now is whether Apple has a right to engage in "self help" by bricking the iPhone as punishment for an alleged breach of contract.
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Link to this comment: http://www.securityfocus.com/comments/columns/453/34717#34717