The first chapter of the paper is to introduce the topic and to outline the approach.
Chapter two specifies the term dialer and outlines the premium-rate numbers system. In addition a brief description of targets and preventive measures against hidden dialer attacks will be given.
Chapter three begins with a review of the contractual relationships on the dialer market. Thereafter an overview of the legal position and regulatory law in Germany concerning hidden dial-ups caused by secretly installed dialers is given. Finally possibly law violations of secretly installed dialers are briefly outlined.
The final chapter comprehends the results and gives an outlook to future developments.
Table of Contents
Table of Figures
List of abbreviations
1.1. Introduction
1.2. Abstract
2. Terms and Definitions
2.1. What is a dialer?
2.2. The premium-rate numbers system
2.3. Misuse of dialers
2.4. Preventive measures
3. Legal position and regulatory law in Germany
3.1. Contractual relationships on the dialer market
3.2. Secretly installed dialers as unrequested services
3.3. The MWD-law of August 15, 2003
3.4. BGH-judgment of March 4, 2004
3.5. Supplementary provisions
3.6. Possible law violations of secretly installed dialers
4. Conclusion
Bibliography
Table of Figures
1 Fig.1: Approval window
List of abbreviations
illustration not visible in this excerpt
1.1. Introduction
These days spread of dialer software is rapidly growing. By January 2005, 1.232.720 dialers were registered at the RegTP[1]. From August 2003 to December 2004, providers attempted to register a total amount of 3,8 million dialers. While 2,1 million registration attempts were withdrawn, RegTP denied registration of 431.190 dialers because of regulation offenses. In 2004, RegTP received more than 20.000 requests and complaints concerning dialers. These large quantities are a result of dialer software becoming not only an easy way to pay money but moreover becoming an easy way to earn money.[2] Currently dialer software is used to invoice various services from charitable donations to Ring tones, legal advice or Internet services. Although dialers have advantages like offering a possibility for anonymous and easy payment, criminals often abuse them, so by now every fourth Internet user has suffered pecuniary losses due to malicious dialer attacks.[3] Therefore most people are anxious of catching an unwanted dialer, when surfing the Internet and do not know how to prevent this situation. Besides people are unsure of their legal position and rights concerning unwanted dial-ups to expensive premium-rate numbers resulting from a secretly installed dialer. This paper focuses on the legal position and legal consequences of hidden dial-ups and dialer abuse in Germany and discusses the following topics:
- What is dialer software and what is its purpose?
- How to prevent from dialer misuse?
- The legal position in Germany concerning hidden dial-ups.
- The legal consequences of dialer abuse (liability and pecuniary claims)
1.2. Abstract
The first chapter of the paper is to introduce the topic and to outline the approach.
Chapter two specifies the term dialer and outlines the premium-rate numbers system. In addition a brief description of targets and preventive measures against hidden dialer attacks will be given.
Chapter three begins with a review of the contractual relationships on the dialer market. Thereafter an overview of the legal position and regulatory law in Germany concerning hidden dial-ups caused by secretly installed dialers is given. Finally possibly law violations of secretly installed dialers are briefly outlined.
The final chapter comprehends the results and gives an outlook to future developments.
2. Terms and Definitions
2.1. What is a dialer?
A dialer is a small computer program, mostly an exe-file, which is able to create an Internet access on PCs. After download and installation the dialer establishes an Internet connection over the analog telephone or ISDN network. Nearly every operating system includes standard programs for connections through the Point-to-Point-Protocol (PPP). Also many providers offer Installation-CDs for inexperienced users, which modify the network and dial-up connections or install a separate dialer like the AOL software. In most cases dialers are solely working on Microsoft Windows systems. So far it seems not to be profitable to develop dialer programs for other operating systems because of Microsoft’s dominant market position.[4]
In addition to these general uses, dialers are used to connect to premium-rate numbers.
Premium-rate numbers are used to sell Internet services like:
- Software (games, SMS-logos, ring tones etc.),
- Newspaper articles with costs,
- News services with costs,
- Erotic contents (live chat, web cams, video streams etc.),
- Various information services of all kind (jobs, homework, recipes, horoscopes etc.)
Unlike using other billable web services, customers do not have to register, specify their credit card number or grant a direct debit authorization when using dialer software.[5] Once downloaded the dialer interrupts the existing Internet connection and dials a premium-rate number causing extra costs. This dial-up process only takes seconds and is almost not perceivable for average Internet-users. On the one hand this is an easy and anonymous way to pay smaller amounts per telephone bill, on the other hand dubious providers and criminals often misuse dialer software for their illegal actions. Internet-users are tricked into downloading dialer software through thoughtless mouse clicks and do not notice they have downloaded a dialer connecting to a premium-rate number until they receive their telephone bill.[6]
2.2. The premium-rate numbers system
The RegTP is the responsible administration department concerning premium-rate numbers. These kinds of numbers are used for distant selling of services and gained rising importance in the last years. Currently used suffixes are 0190, 0900 and 0137.
Television and radio providers basically use 0137 numbers. These so called MABEZ[7] -numbers are able to deal with 100.000 calls per number and hour. Therefore they are mainly used for polls and surveys on TV.
0190 numbers have been the most common used numbers in the recent years. These numbers are used by network operators like Talkline or Telekom, which either market the numbers by themselves or rent them out to other network operators or special service providers for example dialer providers.
0900 numbers were firstly introduced in January 2003 and are strictly classified.
- 0900-1 is for information services (news, weather etc.).
- 0900-3 is for entertainment services (lottery, quiz etc.).
- 0900-5 is for miscellaneous services (erotic content).
- 0900-9 is for dialers.
Since December 14, 2003 dialers have to use suffix 0900-9 only. Until December 31, 2005 both 0190 and 0900 numbers are used, after December 2005 all 0190 numbers will be deactivated. Currently no new 0190 numbers are assigned.[8]
2.3. Misuse of dialers
Like worms and viruses, dialers are secretly installed on Windows PCs. Once installed expensive connections to premium-rate numbers are established. Most users do not have the necessary skills and knowledge concerning data security to protect their PC or reveal a secretly installed dialer.
Common instances for hidden dialer attacks are Visual Basic-Scripts, which install Trojans. Those Trojans modify the Windows-Registry and security settings of the Internet-Explorer allowing ActiveX-elements to be downloaded from the Internet without warning. Now whenever certain sites or e-mails containing dialers are opened, the dialer is automatically downloaded. The Script also disables modem speakers and network connection build-up notifications. This method especially concerns users of Microsoft Outlook, Outlook Express and Internet Explorer, who allowed execution of ActiveX-objects or JavaScript in their security settings and forgot to install current security patches.
Recently dialers are spread through e-mails pretending to contain Virus-protection programs or greeting card e-mails offering links to Websites on which an ActiveX-Plug-in secretly installs a dialer.[9]
In addition dubious providers often use so called optimizers to achieve high search engine listings. Now if a user searches for updates of a certain computer program, the search engine will lead him to a website containing a dialer instead of the promised program update.[10]
[...]
[1] “Regulierungsbehörde für Telekommunikation und Post“ (RegTP).
[2] Borowski, Sascha, and Hagen Hild. Grundlagen – Was sind Dialer?. Dialerschutz – das Infoportal. 17 June 2005. <http://www.dialerschutz.de/grundlagen-was-sind-dialer.php>.
[3] Umfrage: Jeder Vierte Opfer unerwünschter Dialer. Dialerschutz – das Infoportal. 17 June 2005.
[4] “Dialer.“ Wikepedia – Die freie Enzyklopädie.17 June 2005 <http://de.wikipedia.org/wiki/Dialer>.;
Grundlagen – Was sind Dialer?. Dialerschutz – das Infoportal.
[5] Grundlagen – Was sind Dialer?. Dialerschutz – das Infoportal.
[6] Härting, Niko. Recht der Mehrwertdienste 0190/0900 : Dialer, Haftung, Verträge, Werbung. Köln: Schmidt, 2004. 5-7.
[7] "Massenverkehr zu bestimmten Zielen“ (MABEZ).
[8] Rechtliche Grundlagen. Dialerschutz – das Infoportal.
[9] Dialer. Wikepedia – Die freie Enzyklopädie.
[10] Rösler, Hannes. “Zur Zahlungspflicht für heimliche Dialereinwahlen“.
NJW 36 (2004): 2566.
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