The situation would be different if you were not paying Comcast, but still using technical trickery to defeat their network security and access their bandwidth.
So you really think that Comcast doesn't want you on their network with a router spoofing a laptop MAC today?
It's the intent to be somewhere you know (or ought to know) you aren't wanted that matters.
2.
It's not just "I did $5,000 worth of business." If Comcast had a program where they sold "router-attached Internet" for a price difference that totaled $5,000 over the price you paid for "computer-attached Internet" then you would hit CFAA levels.
Their captive portal demands that I install client side software. If they didn't want me to do this, there are definitely better ways of letting me know about this than a captive portal. Why would they captive portal someone they intend to let use their service?
What concerns me here is the degree to which I seemingly have to guess at Comcast's motives.
> It's not just "I did $5,000 worth of business."
So on one hand we are violating the terms of service for a connection we paid for... and on the other hand we are violating a terms of service for a connection we paid for.
How is a layman, who is apparently responsible for evaluating the legality of his own actions, supposed to make a distinction?
I don't understand about the captive portal. Do you really think they don't want you on their network with a router?
The fact that their motives are unclear would be a good argument in your favor in case you were in court. Note that there wasn't any doubts about MIT's motives. Aaron isn't an idiot and he knew they were trying to keep him off the network.
2.
So on one hand we are violating the terms of service for a connection we paid for... and on the other hand we are violating a terms of service for a connection we paid for.
I don't understand how this is a reply.
If I use fraud to buy something you would sell for $8000 for $6000 instead, that's only $2000 worth of damages.
Comcast is preventing me from accessing their network unless I install their client side software. I am circumventing the technical measure in place to enforce this demand by changing my MAC address such that they think I have their software installed.
Am I in violation of their ToS for doing this? The hell if I know, but it seems entirely plausible.
> 1. Are you bypassing a security mechanism by changing your MAC address?
As far as I can tell? Quite possibly. If I don't make my router use my laptop's MAC address then I get hit with a captive portal at random times. This appears to be a security measure, though in my unresearched opinion I believe it to be a mis-firing of a security measure.
> 2. Did you gain something and/or cause them losses exceeding $5,000?
Considering the cost of my bill, it won't take me all that long to cross that limit.