# esn change legality?



## a1jatt (Oct 6, 2008)

Everybody says changing esn is illegal. 

1. Does anybody know anybody who got in trouble for changing esn?

2. say i got two devices, if i swap esn's of both of these device. It that illegal ? If yes can anybody point me to the law that states its illegal?

3. I heard some repair centers change esns, are they licensed to do that, do they have any kind of special permit?

thanks


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## Black93300ZX (Oct 6, 2008)

I'm still searching for proof for you at a federal level (I'm 100% sure this is illegal in the USA) but I found something on a state level that shows it.

http://www3.state.id.us/cgi-bin/newidst?sctid=180670013.K

http://info.sen.ca.gov/pub/97-98/bill/asm/ab_1101-1150/ab_1127_bill_19970703_amended_sen.html

http://www.romingerlegal.com/new_jersey/appellate/a4869-96.opn.html

http://www.state.co.us/gov_dir/leg_dir/olls/sl1997/sl.194.htm

So what's that now, Idaho, California, New Jersey and Colorado? I think the point's been proven, it is completely illegal to alter your ESN without the consent of the manufacturer of the device.


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## timothydonohue (May 9, 2010)

i read those, it doesn't look like it is illegal if you paid for phone service, and you swap the esn to another device, as long as you discontinue using the first device.  it isn't as if you are adding a second line of service for no money, you're just putting it on a new phone.

ehow has a page describing how to do it, in fact. i just googled esn switching, and there it was, seems fairly simple


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## revized (Sep 28, 2010)

Black93300ZX said:


> I think the point's been proven, it is completely illegal to alter your ESN without the consent of the manufacturer of the device.

Click to collapse



LOL, only avoiding payment is against the law. some banned people nowadays


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## panamaniac (Jun 29, 2011)

*Hmm*

Sorry to resurrect but was researching this myself recently.

The controlling federal law seems to be: http://law.onecle.com/uscode/18/1029.html

HOWever, I think the law is DEFINITELY worded vaguely and/or NOT aimed at the use the OP might have in mind (having two phones around the house instead of one--just like how people like to have have 2 landline extensions in a single dwelling).


My apologies if this kind of conversation is frowned upon/not allowed. A warning by any senior member/mod and I'll be sure to not pursue this any further on XDA.

Thanks!

Panamaniac


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## thenotoriouspie (Jun 29, 2011)

It's a great way to trick phone company's into giving you cheaper internet plans if you switch the esn from a dumb phone to a smart phone.

That being said don't do it its not worth the trouble you could get into 

Sent from my HTC Glacier using XDA App


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## Product F(RED) (Jun 29, 2011)

thenotoriouspie said:


> It's a great way to trick phone company's into giving you cheaper internet plans if you switch the esn from a dumb phone to a smart phone.
> 
> That being said don't do it its not worth the trouble you could get into
> 
> Sent from my HTC Glacier using XDA App

Click to collapse



Not in every case. Like maybe if you want to use the smartphone without paying for data service (because you don't want data service). 

See, with GSM carriers, they can see what phone you're using IF it's in their database. And the phone will only be in their database IF and ONLY IF it is branded by them. So if I'm on T-Mobile and I pop my SIM card into an unlocked AT&T phone/totally unbranded straight-from-manufacturer phone, they don't see what phone I'm using. Want proof? Do that and log in to your account online. Normally, the website will tell you what phone you're using. Instead, this time it'll show you a generic icon/question mark. So if you want to use an iPhone on T-Mobile without a data plan, you can do that. If you want to use a Blackberry on AT&T without a data plan? Also not a problem. As long as they don't know you're using a smartphone, a data plan won't automatically be forced onto your account. *GSM gives you choice and freedom.*

With CDMA carriers, we have to go through great lengths just so that we can use the phone we want, or just so that we can use a phone we already paid for. If I'm on Verizon with a Blackberry Bold and I want to jump on Sprint, why should I have to pay for the same exact phone AGAIN?  It's really not hard to reprovision a CDMA phone to work on another carrier. All you need to do is install the right APN and MMS settings and the carrier's PRL. Then just flash the carrier's ROM onto the phone (I'm simplifying it; it varies by phone).  

*CHANGING*, *NOT CLONING*, ESNs is ok. It's the equivalent of swapping SIM cards.  In the US, the only national CDMA carrier that offers less-than-unlimited plans is Verizon. So what if I want to use my Blackberry Bold with a 150MB data plan? Is that really a crime?  I can STILL opt for the unlimited, even if I put a dumbphone's ESN on the Blackberry.  Why am I forced to have these plan options on my account?  Why can we bring our own phones with GSM carriers, but not CDMA carriers? It IS possible for GSM carriers to block phones not sold from their network from getting service. All they would have to do is block the IMEI numbers not from phones they've sold.  But they don't do this. Why can't CDMA carriers just activate these phones? MetroPCS does it in some locations, officially (aka MetroFlash). They warn you that only Calls and SMS will work, but that's fixable on your own, AND you're able to use your own phone from any carrier.

CDMA carriers need to start activating off-network phones. It's just not fair, especially when many of the phones are the same on both networks.


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## doktornotor (Jun 29, 2011)

Product F(RED) said:


> CDMA carriers need to start activating off-network phones. It's just not fair, especially when many of the phones are the same on both networks.

Click to collapse



Wow. It does not work this way over there in US? You can use whatever CDMA device here, you just tell the ESN to the carrier so that it gets activated on their network. You guys are weird there.


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## willpower102 (Jun 30, 2011)

Money hungry politicians and corporations.

however I have yet to see a court case setting precedence. Until that day, I will consider ESN repair and or swapping a completely legitimate practice.


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## panamaniac (Jun 30, 2011)

Well ESN *swaps* are one thing--but what I'd really like is to clone onto an old handset simply so I can have TWO IN THE HOUSE--nothing illicit here, it's just a pain in the ass to have to go find the thing, since I don't own a landline. In that connection, people have multiple receivers on landlines for this very purpose--because cell phones work great as cell phones, but not so great as HOUSE phones....

But given the 10-year prison sentence (though I don't think I'd be prosecuted) methinks I'll steer clear of actually trying to clone...


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## willpower102 (Jun 30, 2011)

People tend to make the VIN comparison. 

Although you CAN (and I have) apply for a new vin in certain circumstances.

It's like wanting to have multiple honda accords with the same vin.

Even if you don't want to defraud an insurance company, you technically could if you wrecked one. 

Now, though I agree with you and thing you SHOULD be able to clone your own esn. The FCC is very clear about cloneing.

What they aren't clear about is swapping without cloning. 

The bulk of the argument resides around the words "intent to defraud"


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## SoberGuy (Jun 30, 2011)

willpower102 said:


> Money hungry politicians and corporations.
> 
> however I have yet to see a court case setting precedence. Until that day, I will consider ESN repair and or swapping a completely legitimate practice.

Click to collapse


http://arstechnica.com/tech-policy/news/2008/06/carterfone-40-years.ars

Happy reading.

(If you want the actual decision, then here you are: http://www.uiowa.edu/~cyberlaw/FCCOps/1968/13F2-420.html)

Old?  You bet.  Applicable?  I'd argue it


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## thenotoriouspie (Jun 30, 2011)

Product F(RED) said:


> Not in every case. Like maybe if you want to use the smartphone without paying for data service (because you don't want data service).
> 
> See, with GSM carriers, they can see what phone you're using IF it's in their database. And the phone will only be in their database IF and ONLY IF it is branded by them. So if I'm on T-Mobile and I pop my SIM card into an unlocked AT&T phone/totally unbranded straight-from-manufacturer phone, they don't see what phone I'm using. Want proof? Do that and log in to your account online. Normally, the website will tell you what phone you're using. Instead, this time it'll show you a generic icon/question mark. So if you want to use an iPhone on T-Mobile without a data plan, you can do that. If you want to use a Blackberry on AT&T without a data plan? Also not a problem. As long as they don't know you're using a smartphone, a data plan won't automatically be forced onto your account. *GSM gives you choice and freedom.*
> 
> ...

Click to collapse



Maybe with Verizon but try to do that with sprint and see what happens if you get caught. 

Sent from my HTC Glacier using XDA App


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## panamaniac (Jun 30, 2011)

Haha, bad news I'm guessing!

It's ok, I just scored a free Airave anyway (which is apparently immediately eligible for a $150 discount on an "upgrade" to a phone?!? Lolz).


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## willpower102 (Jun 30, 2011)

SoberGuy said:


> http://arstechnica.com/tech-policy/news/2008/06/carterfone-40-years.ars
> 
> Happy reading.
> 
> ...

Click to collapse



Thanks! This is not what I was expecting... In fact this gives even more credence to the practice.  

If I had enough money, I would try to indite myself just to fight it. But I don't have the sort of money to fight that legal battle.


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## SoberGuy (Jun 30, 2011)

willpower102 said:


> Thanks! This is not what I was expecting... In fact this gives even more credence to the practice.
> 
> If I had enough money, I would try to indite myself just to fight it. But I don't have the sort of money to fight that legal battle.

Click to collapse



I think from that perspective it's a losing battle.  Saying "Judge, the big TelCo is doing something illegal, so I had to do something the FCC deems illegal" is not exactly the best idea.  Having that same TelCo refuse you service with a different phone, being forced to buy one of theirs, and then suing them to recover the costs....different story all together.

I'm really, really surprised that this hasn't been challenged at all.  I came across that Carterfone decision several years ago (most likely by chance) and immediately thought of the CDMA carriers here.  But, I rock GSM, so it doesn't matter too much to me


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## cannonbomb (Jun 30, 2011)

*T-Mobile offers phones without data plans*

I recently purchased a Samsung Vibrant on craigslist walked into a T-Mobile store bought a sim card, signed up for a month to month plan for $29.00 and have a smart phone with out paying for data or texting. I wish the other carriers were decent enough to allow this. What scares me most about the T-mobile and Att Merger talk is this consumer friendly company may be shut down.


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## panamaniac (Jul 1, 2011)

It's interesting because the federal statutes (i.e., passed by Congress) are vague enough for wiggle room, but the FCC regulations don't seem to be.  Following the _Chevron_ decision, courts would be very likely to give the FCC reading of the federal statute deference---i.e., you'd likely lose the case and spend 10 years in jail (IF prosecution ever happened, which for the private in-home purposes of cloning I've been discussing is IMHO a big IF).


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## SoberGuy (Jul 1, 2011)

panamaniac said:


> It's interesting because the federal statutes (i.e., passed by Congress) are vague enough for wiggle room, but the FCC regulations don't seem to be.  Following the _Chevron_ decision, courts would be very likely to give the FCC reading of the federal statute deference---i.e., you'd likely lose the case and spend 10 years in jail (IF prosecution ever happened, which for the private in-home purposes of cloning I've been discussing is IMHO a big IF).

Click to collapse


_Chevron_ implements a two-step analysis.  Neither, in this scenario, would allow for deference to the FCC on the SOLE issue of a CDMA carrier refusing to activate a CDMA device _not_ purchased from said carrier.  Would deference be given to changing or cloning ESNs?  Quite possibly, but if the case even remotely touched on the aforementioned "ban", the court would address that matter in favor of the consumer.


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## Product F(RED) (Jul 1, 2011)

For the last time, we're talking about

*SWAPPING*


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## a1jatt (Oct 6, 2008)

Everybody says changing esn is illegal. 

1. Does anybody know anybody who got in trouble for changing esn?

2. say i got two devices, if i swap esn's of both of these device. It that illegal ? If yes can anybody point me to the law that states its illegal?

3. I heard some repair centers change esns, are they licensed to do that, do they have any kind of special permit?

thanks


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## panamaniac (Jul 1, 2011)

SoberGuy said:


> _Chevron_ implements a two-step analysis.  Neither, in this scenario, would allow for deference to the FCC on the SOLE issue of a CDMA carrier refusing to activate a CDMA device _not_ purchased from said carrier.  Would deference be given to changing or cloning ESNs?  Quite possibly, but if the case even remotely touched on the aforementioned "ban", the court would address that matter in favor of the consumer.

Click to collapse



NICE ONE SoberGuy! I see someone else knows their Agency law too (And better than I probably!).

I'm talking about _Chevron_ deference on the issue of the FCC's interpretation of what constitutes fraudulent misuse, etc, by the consumer in tampering with ESNs--NOT an FCC ruling on whether cell companies can ban the practice.  I say this because the federal statute I was looking at seemed to address the former (and give the right kind of interpretive range for the FCC's current regulation to receive deference) and NOT the latter (i.e., whether or not companies can allow ESN changing by consumers)--at least not near as explicitly.



> For the last time, we're talking about
> 
> SWAPPING

Click to collapse



Actually, I was mostly talking about CLONING and that's why I RESURRECTED the thread   Sorry if that hasn't been clear enough (but read my first post in this thread for clarification).


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## Product F(RED) (Jul 1, 2011)

Whoops lol. My giant post was about swapping. I defend swapping, kind of on the fence about cloning (unless you plan to never use the original again).


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## SoberGuy (Jul 1, 2011)

panamaniac said:


> NICE ONE SoberGuy! I see someone else knows their Agency law too (And better than I probably!).
> 
> I'm talking about _Chevron_ deference on the issue of the FCC's interpretation of what constitutes fraudulent misuse, etc, by the consumer in tampering with ESNs--NOT an FCC ruling on whether cell companies can ban the practice.  I say this because the federal statute I was looking at seemed to address the former (and give the right kind of interpretive range for the FCC's current regulation to receive deference) and NOT the latter (i.e., whether or not companies can allow ESN changing by consumers)--at least not near as explicitly.

Click to collapse



I get that.  I'm just saying I think the two are quite related, at least as far as this thread and discussion.  There was a previous example given of swapping an old Sprint ESN with a Verizon ESN just to use a newer Verizon phone on the Sprint network (with the plan appropriately billed and paid, of course), since you can't purchase the Verizon phone outright and stroll into a Sprint store and have it activated.  In that situation, were someone to be criminally charged for altering the ESN, I think the court would have to rule on _both_ issues.  On the ESN, the court would probably give deference to the FCC.  But the practice of banning ("refusing to activate" is probably a better phrasing) a phone sold by someone other than that carrier would at least be mentioned in the decision and lay a foundation for future cases and precedence.  I don't think that ban or refusal is sufficient grounds to challenge the legality of the FCC regulations, but I do think it would affect change in how the CDMA carriers operate here in the states.

Personally, I just don't think swapping ESNs is worth the trouble, hassle, cost, and potential repercussions.  I can understand why one would desire to do so (for non-fraudulent reasons only; I wholeheartedly disagree with doing it fraudulently), I just don't think it's a worthwhile endeavor, regardless of the potential benefit in affecting change in the CDMA operations and practices.


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## panamaniac (Jul 2, 2011)

SoberGuy said:


> I get that.  I'm just saying I think the two are quite related, at least as far as this thread and discussion.  There was a previous example given of swapping an old Sprint ESN with a Verizon ESN just to use a newer Verizon phone on the Sprint network (with the plan appropriately billed and paid, of course), since you can't purchase the Verizon phone outright and stroll into a Sprint store and have it activated.  In that situation, were someone to be criminally charged for altering the ESN, I think the court would have to rule on _both_ issues.  On the ESN, the court would probably give deference to the FCC.  But the practice of banning ("refusing to activate" is probably a better phrasing) a phone sold by someone other than that carrier would at least be mentioned in the decision and lay a foundation for future cases and precedence.  I don't think that ban or refusal is sufficient grounds to challenge the legality of the FCC regulations, but I do think it would affect change in how the CDMA carriers operate here in the states.
> 
> Personally, I just don't think swapping ESNs is worth the trouble, hassle, cost, and potential repercussions.  I can understand why one would desire to do so (for non-fraudulent reasons only; I wholeheartedly disagree with doing it fraudulently), I just don't think it's a worthwhile endeavor, regardless of the potential benefit in affecting change in the CDMA operations and practices.

Click to collapse



Good word Sober; it's like a lot of things I'm now learning about via XDA: fun tricks/tips etc...but ultimately only time-justified if I view my time here as a fun distraction and nothing more...


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## willpower102 (Jul 2, 2011)

panamaniac said:


> Good word Sober; it's like a lot of things I'm now learning about via XDA: fun tricks/tips etc...but ultimately only time-justified if I view my time here as a fun distraction and nothing more...

Click to collapse



Many of us actually are devs, full or part time, so it's not so much a distraction as a resource or extension of what we do on a daily basis. Swapping esn's is valuable to me for a variety of reasons and after my first one I was able to do them properly in about 20 minutes. 60 if I have to look up activation or prl errors here on the forums.


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## Product F(RED) (Jul 3, 2011)

I just don't understand why it's ok to use a competitor's phone on a GSM network, but it's a criminal offense on [most] CDMA networks.


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## panamaniac (Jul 3, 2011)

Well when all our "consumer protection" laws are written by corporations....no big surprise as far as the CDMA side.

But good point, why no problem with GSM?


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## IMnobody (Jul 8, 2011)

*Wild thoughts from Rationalization Man.*

Cloning is the act of making one, or more, exact copies of a "donor/host" (Phones in our case). 
Where there's then, two or, more identical units, capable of being active, at the same time, on any given network. But, is it cloning, if only one "Target" unit survives and is active? 
I'd say it's not cloning, if the source phone is destroyed, once the process is completed.

There are already some presidents, where cloning occurs. Boost Mobile's ESN swapping policy, is
one example. Because they're part of the Sprint network system, they're not allowed to enter a "Known" Sprint ESN onto they're database (clean ESN, or not). So, to flash a decommissioned Sprint EVO phone, onto their system, you first need a new clean ESN. 
To do this, you must first activate a "New "Boost Mobile account", then, buying one of  they're cheapest CDMA phone, which they then "Activate" (so you can used it, till the process is complete). They then, go through the process of taking this new "Source" phones, ESN" (&, all other information needed),  etc, flashing it, to the "targeted" EVO.  You then turn off & turn in, that "New" donor phone, before activating, &, starting to use the "Target" EVO phone. 
Presumably the "New Donor" is then scraped, parted out, or what ever (never to be used again), and the "EVO's old ESN" is lost.
I think this is how Boost get past the cloning issues, because, the new donor is the supposedly destroyed, with no possibility, of it ever being active again, at the same time as the targeted host. Sprint remains happy, just because, it doesn't hurt their market share numbers.

So, let's look at this hypothetically. You have two EVO'S, one (the donor) is active, &, on the network, but, damaged, beyond any reasonable hope of repair (so, your paying the bills, but, you can no longer use it as a phone). 
The Second  (the host target), is in good physical condition. But, maybe has a bad ESN, is in a software coma, or, for whatever reason, so it, can't be directly reactivated on Sprint or Boosts network (It might be to be capable of being flashed to another carrier, but, that's not an issue here, because it's ESN will likely be dumped anyway, &, therefor not likely to be reused).  

Taking all the information from phone "A, the source", and, transfer it to phone "B, the Target" should be legal, as long as phone "A" is then destroyed. So I don't see the issue. We already swap modules for repair, like the LCD, Digitizer, SD cards, and, modify the OS, not circumvent the system. With the EVO, it's easy enough to swap the service plate, serial # etc, from phone " A to B" once the process is complete. This method of cloning, is not to get free service, though I'm sure it could somehow be abused. I'm suggesting this just as a method to recover the use, of the active service account, to a working phone. 

So, as long as the "Donor/Source" phone is never again active, or, used on any system, our brain transplanted host , cloned from an identical unit, should be perfectly legal. 
You should be able to cite other similar circumstance, like in cases where, an OEM computers motherboard goes bad. If you replace it with the exact same brand & model board,  your not legally forced, obligated or, required to buy a new copy of it's operating system. And, I'm sure there's other examples that could be applied.
When you turn in a broken phone to Sprint, they give you a new phone with a new ESN. The old phone is either repaired and sold as refurbished, or scrapped. And a lot of those, fixed or not apparently find they're way onto eBay, among other places for consumers to fix or cannibalize for parts. 

Of course nobody seems to know how to do this yet, but, if it's done the right  way, for the right reasons, where's the harm in cloning?

???
IM


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## GnatGoSplat (Jul 8, 2011)

I believe the way the law is written, you can generally consider ESN cloning AND swapping to be illegal.  You could argue that ESN swapping with a donor that is destroyed should be legal, but I think in the end, it would be up to a judge or jury to decide your fate.  I bet IF a company wanted to press charges, they could very well convince a district attorney to prosecute you.  A good DA could probably come up a valid case for prosecution, and whether you escape prosecution or not would be up to whether your defense attorney is skilled enough to convince a judge or jury that your actions were harmless.  Even if a company could not convince a DA to pursue criminal charges, their panel of lawyers could easily sue you for perceived damages like the RIAA sues people for music piracy.

Should ESN swapping be legal?  Sure.  Is it legal?  No, I don't think so.  It's a gray enough area that I think you could face charges IF anyone wanted to pursue them.

I think in this case, the old saying, "it's only illegal if you get caught" applies.  If you ESN swap one phone, it likely won't raise any red flags with the carrier, especially if no other active phone has that ESN.  Nobody will notice, nobody will care.  If you CLONE a phone and have them both on at the same time, that's likely to trigger security checks with the carrier.  I think you get some benefit of the doubt as weird glitches and malfunctions do occur, but if you're constantly triggering the security checks, that may eventually prompt an investigation from the security team who may forward their findings over to legal.


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## mikereidis (Jul 9, 2011)

> I can understand why one would desire to do so (for non-fraudulent reasons only; I wholeheartedly disagree with doing it fraudulently)

Click to collapse



I'm not picking on the poster of the above, but I have to ask...

Why is cloning considered fraud ? I think the end answer is the carriers want it considered a crime, to maximise their revenue. NOT because a clear wrong was committed.

IMO, clear wrongs include theft or damage to physical things.

What is the harm to the carriers of cloned ESNs ? Yes, if their system can't handle multiple simultaneous ESNs then it might stress their systems. But IMO robust commercial systems SHOULD and CAN be written to handle such things.

Heck, they could charge extra for it. Why not ? They could disallow unlimited plans or raise the fees for multiple ESNs.

I think in the end they want every phone to have a plan, with it's minimum fees. If you lose or destroy the phone, you're still playing for the now useless plan for years.


Are there technical reasons ? I can understand the desire for a unique identifier for every device.

What about "lawful intercept", including that hack where they listened in to a mob boss when the phone was "off" ? I imagine those systems are dependent on the ESN,


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## duansindo (Jul 9, 2011)

in china it means nothing


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## panamaniac (Jul 9, 2011)

mikereidis said:


> I'm not picking on the poster of the above, but I have to ask...
> 
> Why is cloning considered fraud ? I think the end answer is the carriers want it considered a crime, to maximise their revenue. NOT because a clear wrong was committed.
> 
> ...

Click to collapse



+1

(this space used so that I exceed the character minimum)


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## IISiDeK1CKII (Jul 9, 2011)

duansindo said:


> in china it means nothing

Click to collapse



I think you guys in China have more **** to worry about than ESN cloning...


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## Product F(RED) (Jul 9, 2011)

mikereidis said:


> I'm not picking on the poster of the above, but I have to ask...
> 
> Why is cloning considered fraud ? I think the end answer is the carriers want it considered a crime, to maximise their revenue. NOT because a clear wrong was committed.
> 
> ...

Click to collapse



You can't be in two places at once; If you CLONE, not swap, ESNs, both phones will ring at the same time, etc. It's more of a technical issue than a business-related one. I mean, that would be the case if they were both being used at the same time. If you swap them, that's totally different. I totally agree it shouldn't be illegal. It's just that the, for example, insurance purposes, the ESN is tied to the phone, so you could theoretically commit insurance fraud if you wanted. I definitely am FOR SWAPPING, not cloning (unless the source phone is destroyed/not used).


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## mikereidis (Jul 9, 2011)

Product F(RED) said:


> It's just that the, for example, insurance purposes, the ESN is tied to the phone, so you could theoretically commit insurance fraud if you wanted. I definitely am FOR SWAPPING, not cloning (unless the source phone is destroyed/not used).

Click to collapse



Sorry I don't understand this idea of enabling insurance fraud. Just some example, or something related to insurance for "loss/destruction of phone" ?


There ARE already laws against fraud. I don't see a need for a special law covering ESN cloning.

And the carriers make you sign long contract agreements. They could put clauses in there that forbid you to clone ESNs with financial penalties and loss of service with that carrier.

Are there any recent examples of ANYONE being charged with ESN cloning ? I think the laws may be more of a hypothetical and outdated deterrent and likely aren't actually enforced, but I don't know.


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## Horace (Aug 12, 2011)

*Not illegal.*

Here's a post from another board:

http://cdmagurus.com/forum/showthread.php/2466-ESN-Cloning-is-illegal!!?p=13737&viewfull=1#post13737


The FCC just returned my call and I spoke with a law clerk in the mobility division of the FCC. Here is what was discussed:

I gave them the web address and verbiage for the following statement: "The Commission considers any knowing use of cellular telephone with an altered ESN to be a violation of the Communications Act (Section 301) and alteration of the ESN in a cellular telephone to be assisting in such violation." (see: http://wireless.fcc.gov/services/ind..._3&id=cellular). They did some research to see if it still applies.

The answer he came back with is that the website is out of date and that statement no longer applies. They are submitting an order to take the page down from their website. This was out of date as of 9/24/2002 in conjunction with the NPRM that I previously referred to.

The clerk advised me that the NPRM took them out of the business of rulemaking with regard to ESN’s because the new federal statute provided sufficient protection. Newly developed fraud protection methods and smart card technology made the rules unnecessary.

The only law that applies now is Title 18 U.S.C. Section 1029: (see: http://www.law.cornell.edu/uscode/71...9----000-.html). If you are going to change an ESN, read it in its entirety and be familiar with it.

With regard to 1029.a.1 in order to be in violation of the statute, you have to satisfy all of the following;
1)	Use a counterfeit access device
2)	Do it knowingly
3)	Do it with the intent to defraud

...


ESN swapping, if not done with the intent to defraud, is not illegal.  If I buy a Verizon Iphone, pay full price, and swap the ESN with my Evo 4G so I can use the Iphone on sprint, there is no intent to defraud.


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## GnatGoSplat (Aug 12, 2011)

Horace said:


> ESN swapping, if not done with the intent to defraud, is not illegal.  If I buy a Verizon Iphone, pay full price, and swap the ESN with my Evo 4G so I can use the Iphone on sprint, there is no intent to defraud.

Click to collapse



If you follow the rest of the discussion in the thread, you'll see general consensus is it's still not clear cut.

One could argue that if you swap the EVO ESN into an iPhone, you are in a sense defrauding Sprint by using equipment on their network that they don't want you to.


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## Kiboe (Aug 12, 2011)

duansindo said:


> in china it means nothing

Click to collapse



in china they have cheap iPhone knock-offs.


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## mikereidis (Aug 13, 2011)

Thanks Horace, interesting update.



GnatGoSplat said:


> One could argue that if you swap the EVO ESN into an iPhone, you are in a sense defrauding Sprint by using equipment on their network that they don't want you to.

Click to collapse



I think it's a stretch to call that fraud. If their agreement states you can't do this, then yes it's a violation of terms, but nof fraud IMO.

The cell bill is still getting paid. And selling phones (usually subsidised) is just a means they use to sell service.


IMO, in the end what matters is:

Is anyone getting busted for doing whatever it is you are thinking of doing ?


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## GnatGoSplat (Aug 13, 2011)

mikereidis said:


> I think it's a stretch to call that fraud. If their agreement states you can't do this, then yes it's a violation of terms, but nof fraud IMO.
> 
> The cell bill is still getting paid. And selling phones (usually subsidised) is just a means they use to sell service.
> 
> ...

Click to collapse



I feel as if it's possible if a carrier wanted to go after you with their legal team, they could.  Doubtful they'd be able to convince a DA to file criminal charges, but they could certainly go after you with a civil suit.

However, no, I don't think you'll get busted for ESN swapping or cloning as long as you never have both devices registered on the network at once.  Even if you do trigger their security measures, chances are if it's not a repeat thing, your device just gets blocked by the carrier.

So... I think if you're just ESN swapping or cloning one device for your own personal use, you're most likely safe.  If you're doing it as a business, you could get in trouble.  It's probably similar to ripping DVDs, pirating software, modifying game consoles - nobody will notice if you just do it on your own equipment.  Start selling your services and one day the law will be pounding at your door.


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## a1jatt (Oct 6, 2008)

Everybody says changing esn is illegal. 

1. Does anybody know anybody who got in trouble for changing esn?

2. say i got two devices, if i swap esn's of both of these device. It that illegal ? If yes can anybody point me to the law that states its illegal?

3. I heard some repair centers change esns, are they licensed to do that, do they have any kind of special permit?

thanks


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## Esteef (Aug 17, 2011)

*More about ESN legalities*

How about this...

I live in South FLA, and there is tons of places that to phone "Flashing" of any HTC, Samsung, or Motorola CDMA phone to Boost or Metro for a fixed amount.

Obviously these people are making a business of it and I have yet to see any of them get attacked by the FCC or put out of business. 

They obviously must be cloning ESN's from a dummy phone to the phone the customer wants on the network. No one has stopped them.

Another thing to think about...

If the phone was on Sprint for example, and it had a bad ESN for either insurance fraud or it was reported stolen, then I can see how it could be illegal to use that phone again on another network. 

However if you are just genuinely unhappy with sprint and want to try another company, I don't see how any fraud is being committed, given you destroy the dummy phone of which you are using the ESN of.


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## GnatGoSplat (Aug 17, 2011)

I don't know anything about Boost, but you don't change the ESN to use a phone on Metro.  They support BYOD (Bring Your Own Device) and will activate any phone from any CDMA network regardless of its ESN status on its original carrier as long as their Houdinisoft software is able to "flash" the device.  In some cases, you can get them to register the ESN of a device that isn't supported by Houdinisoft such as the iPhone 4, but that depends on finding someone from Metro who knows how to do it.

It also is not illegal to to use a bad ESN phone on another network.  Phones are only blocked on their original carrier.


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## GnatGoSplat (Aug 17, 2011)

Double post, sorry, computer acting up.


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## spooky187 (Sep 9, 2011)

Horace said:


> Here's a post from another board:
> 
> *
> 
> ...

Click to collapse




What you said above is pretty logical. I don't understand how people are so cut and dry with saying something is "illegal" because it says so. It is almost like they don't understand this law was to prevent people from doing fraud with phones.
With fraud that means:
Cloning two phones on the network to use for personal use.
Cloning someone's phone without their consent and they have to pay for all the fees you put on their account.

Any other type illegal activity people are talking about is covered with other laws. Such as insurance fraud and not paying the bills etc. 
People sell the "bad esn" phones for parts for people that have the good esn phones and it isn't illegal. (ebay allows it and "bad esn" is all over the titles)

What people here are trying to do is use a phone on another network, by doing ESN swapping. As long as it doesn't have any fraud intentions it won't be an issue.

Using phones made for one network on another is not illegal, which was news when iphone came out for exclusively for ATT. Don't confuse company policy with the Law. 

Don't forget all the businesses now that are doing the ESN swapping.


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## mikereidis (Sep 10, 2011)

spooky187 said:


> What you said above is pretty logical.

Click to collapse



I would say it's appropriate. But if you mean "sensible" when you say "logical", I would say this information is NOT the result of gov't employees deciding that "sensible" is the way to go.

They are interpreting the rules/laws that apply. Thankfully, their interpretation of the rules does seem sensible now.




spooky187 said:


> I don't understand how people are so cut and dry with saying something is "illegal" because it says so.

Click to collapse



Because people like easy, simple answers. They don't have time and energy to research and consider all angles. Even lawyers and judges will often disagree about how laws should be interpreted.




spooky187 said:


> It is almost like they don't understand this law was to prevent people from doing fraud with phones.

Click to collapse



The intent of the politicians passing a law, even if recorded, is usually irrelevant. What is more important is the logic of language and the common or legal definitions of words or phrases.

And Thanks to the poster for doing this research.


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## youngtjjones (Sep 21, 2011)

---------- Post added at 09:07 PM ---------- Previous post was at 08:15 PM ----------

[/COLOR]





GnatGoSplat said:


> I don't know anything about Boost, but you don't change the ESN to use a phone on Metro.  They support BYOD (Bring Your Own Device) and will activate any phone from any CDMA network regardless of its ESN status on its original carrier as long as their Houdinisoft software is able to "flash" the device.  In some cases, you can get them to register the ESN of a device that isn't supported by Houdinisoft such as the iPhone 4, but that depends on finding someone from Metro who knows how to do it.
> 
> It also is not illegal to to use a bad ESN phone on another network.  Phones are only blocked on their original carrier.

Click to collapse



Ok im on metro pcs, so my question is if i have a flash touch pro 2 connected to metro and a evo 4g not connected, i switch the esn's with each other is that wrong?


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## NLogN (Dec 2, 2011)

*Wow...*

Thanks to the OP and to all the posters.  This has been a very interesting read, and there's lots of valuable information in here.

I'm totally impressed that a couple peeps commented on Chevron.  Nice!  But even under Chevron, I don't think deference would be given to ignoring the required finding of "fraudulent intent" under the present law.  

I'm even more impressed with the extra effort in contacting the FCC for its new stance.

I believe that cloning and swapping are perfectly legal, as long as there is no fraudulent intent.  

Reading 18 USC 1029 is really straight forward:  

1029(a)(1) through 1029(a)(8) and 1029(a)(10) expressly require an intent to defraud.  The odd-ball is 1029(a)(9), and it requires hardware or software "used to obtain telecommunications service without authorization."  This is basically getting service without authorization.

So generally, cloning/swapping doesn't apply here as long as no fraudulent intent exists.  But two phones at the same time doesn't smell right.  You could have one phone at home (wifey can use it) and one at work (you can use it), and that's could go either way, IMO.

.02


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## sevenvt (Dec 2, 2011)

Cloning, and leaving both phones active on an ESN, will most likely be considered an attempt to defraud.  You don't actually pay for a number, you pay for access and you get one device to do it.  If you trick them into servicing two phones, its fraud.  You pay for access via one device, not access to a phone number ad infinitum.  Same with landlines, you pay for service to an address, in this case your ESN is your address.   There is no problem changing your service to a new address, as that is not abusing the service you pay for.  

But if you clone... you intended to get service to an extra device, which is stealing.  Its hard to -accidentally- clone a phone, and use both of them.  You don't have to know you are breaking the law to have intent.

Swapping... is totally different.


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## Core Memory (Dec 18, 2011)

sevenvt said:


> Cloning, and leaving both phones active on an ESN, will most likely be considered an attempt to defraud.  You don't actually pay for a number, you pay for access and you get one device to do it.  If you trick them into servicing two phones, its fraud.  You pay for access via one device, not access to a phone number ad infinitum.  Same with landlines, you pay for service to an address, in this case your ESN is your address.   There is no problem changing your service to a new address, as that is not abusing the service you pay for.
> 
> But if you clone... you intended to get service to an extra device, which is stealing.  Its hard to -accidentally- clone a phone, and use both of them.  You don't have to know you are breaking the law to have intent.
> 
> Swapping... is totally different.

Click to collapse



What about the concept of extension phones like in POTS?  In that and wired VOIP, you're paying for the service, not the number of phones/extensions using that service which is accessed by your telephone number.  I have 6 wireless phones distributed around my house which all use the same number and all ring at the same time and picking up one or more gives me access to the incoming/outgoing service.  As well, some cell phone plans allow sharing the same plan with more than one phone although they have different telephone numbers so it isn't really any different if more than one phone on a plan share the same number as long as the carrier gets paid for the service provided.


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## [email protected] (Apr 22, 2012)

*ok how about this scenario:*

i have 2 sprint evo3d phones because my boyfreind took my phone so i reported it stolen to asurion because it was not returned for over 2 weeks. so i got my replacement phone, then my boyfreind decides to give me back the old phone, which i decided to try downgrading hboot 1.5 and was actually able to, successfully, with no problems at all on the first try! now i try to do the exact same process on the newer phone with the good esn and get stuck being unable to soft brick it after weeks now of trying every which way possible. i want the old phones system on the new working phones esn, but sprint wont allow swapping the two esns. they said id have to call asurion and work it out with them. problem is that bootloader on the newer phone says relocked, and its my understanding they wont accept a device that has been "tampered with". is there any way to swap out parts between the phones so i can get the other phone's rom on this phones working esn? i am not trying to scam free service or be fraudulant in any way, i just want a device that is s-off and rooted! especially now since ive gotten to play around with it that way on the bad esn phone thru wifi. its way cooler and less complicated then s-on root! i can flash anything right from clockworkmod like i used to on my old evo4g! damn i miss that. any ideas what i would need to swap out or if its even possible?


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## GnatGoSplat (Apr 23, 2012)

[email protected] said:


> i have 2 sprint evo3d phones because my boyfreind took my phone so i reported it stolen to asurion because it was not returned for over 2 weeks. so i got my replacement phone, then my boyfreind decides to give me back the old phone, which i decided to try downgrading hboot 1.5 and was actually able to, successfully, with no problems at all on the first try! now i try to do the exact same process on the newer phone with the good esn and get stuck being unable to soft brick it after weeks now of trying every which way possible. i want the old phones system on the new working phones esn, but sprint wont allow swapping the two esns. they said id have to call asurion and work it out with them. problem is that bootloader on the newer phone says relocked, and its my understanding they wont accept a device that has been "tampered with". is there any way to swap out parts between the phones so i can get the other phone's rom on this phones working esn? i am not trying to scam free service or be fraudulant in any way, i just want a device that is s-off and rooted! especially now since ive gotten to play around with it that way on the bad esn phone thru wifi. its way cooler and less complicated then s-on root! i can flash anything right from clockworkmod like i used to on my old evo4g! damn i miss that. any ideas what i would need to swap out or if its even possible?

Click to collapse



The only way to do it would be to swap the Qualcomm chip because the ESN/MEID is in its NVRAM.  It's a BGA part, which means it'll cost you more to have it swapped than it would cost to get a new phone.  Otherwise, ESN/MEID change can be done with special software, that is, assuming Evo3D still uses the same method HTC phones used a year ago.  However, if you thought S-ON rooting is complicated, well, you'd really hate ESN changing.  Can you just call Asurion and have the phone's lost/stolen status removed?  That would probably be the easiest way.


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## lafester (Jun 4, 2012)

Using two phones on the network with the same esn just isn't going to happen. The network will detect this almost immediately and shut them down. If cdma phones were not secure nobody would be using them...



sevenvt said:


> Cloning, and leaving both phones active on an ESN, will most likely be considered an attempt to defraud.  You don't actually pay for a number, you pay for access and you get one device to do it.  If you trick them into servicing two phones, its fraud.  You pay for access via one device, not access to a phone number ad infinitum.  Same with landlines, you pay for service to an address, in this case your ESN is your address.   There is no problem changing your service to a new address, as that is not abusing the service you pay for.
> 
> But if you clone... you intended to get service to an extra device, which is stealing.  Its hard to -accidentally- clone a phone, and use both of them.  You don't have to know you are breaking the law to have intent.
> 
> Swapping... is totally different.

Click to collapse


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## mildrid (Feb 25, 2013)

willpower102 said:


> Swapping esn's is valuable to me for a variety of reasons and after my first one I was able to do them properly in about 20 minutes. 60 if I have to look up activation or prl errors here on the forums.

Click to collapse



do you know of where to find a how-to? i've got some esn's i'd like to switch


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## zatz (Nov 20, 2015)

*sigh*

http://forum.xda-developers.com/general/off-topic/esn-stigma-changing-esns-totally-fine-t3252965


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## leathan (Feb 8, 2018)

Thanks I didnt even know that ESN changing is actually legal  I guess its just banned on forums like xda because of money.


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