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
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
Research Objectives and Core Topics
This paper examines the legal framework and consequences regarding hidden dialers in Germany. It aims to clarify the consumer's legal position when confronted with unauthorized charges from secretly installed dialer software and evaluates the effectiveness of existing regulatory measures in protecting internet users.
- Technical definition and functionality of dialer software.
- Methods for preventing unauthorized dialer installation and misuse.
- Analysis of German legal regulations governing premium-rate service numbers.
- Evaluation of liability and payment obligations resulting from dialer abuse.
- Review of key judicial rulings, specifically the BGH-judgment of March 4, 2004.
Excerpt from the Book
3.1. Contractual relationships on the dialer market
The contractual relations are quite complicated. A customer of a premium-rate service has a contractual relationship with a network operator making telephone access available as well as with the content provider making a particular content available. The content provider in turn is also connected to the telecommunication provider, which in the end is responsible for encashment.
Use of premium-rate numbers: If a customer dials a premium-rate number, his access provider owes him the opportunity to access this number, whereas the customer owes his provider a fee for establishing the connection. However, when dialing a premium-rate number a customer is interested in a certain content provided by a particular content provider. Both parties have to agree upon a contract, wherein costs of content use are arranged. Premium-rate fees contain costs of both, the contractual relationships with the particular content provider and the particular access provider.
Thus use of premium-rate numbers involves at least three parties: • A customer, • a network operator • and a content provider.
Summary of Chapters
1.1. Introduction: This chapter provides an overview of the rising trend of dialer software, the associated consumer risks, and the motivation for this legal study.
1.2. Abstract: A brief outline of the paper's structure, describing the approach from defining terms to analyzing legal consequences.
2. Terms and Definitions: This section defines dialers, explains the premium-rate number system, and describes common misuse scenarios alongside preventive measures.
3. Legal position and regulatory law in Germany: This chapter analyzes the complex contractual relationships, the classification of dialers as unrequested services, key legislation like the MWD-law, and significant court rulings.
4. Conclusion: The final chapter summarizes the effectiveness of recent regulatory developments while noting that issues regarding the burden of proof for consumers remain unresolved.
Keywords
Dialer, Internet, Premium-rate numbers, RegTP, MWD-law, BGH-judgment, Consumer protection, Secretly installed dialers, Telecommunication law, Data security, Contractual liability, Unrequested services, Burden of proof, Cybercrime, Digital forensics.
Frequently Asked Questions
What is the primary focus of this paper?
The paper focuses on the legal position and legal consequences of hidden dialers and dialer abuse in Germany.
What are the central topics discussed?
The core topics include the functionality of dialer software, preventive measures for users, the regulatory framework in Germany, and the liability issues surrounding unauthorized premium-rate calls.
What is the main objective of the research?
The objective is to clarify whether internet users are liable for costs incurred by secretly installed dialers and how legislation aims to protect consumers from such abuses.
Which scientific method is applied?
The study employs a legal analysis method, reviewing relevant statutes (such as the TKG and BGB) and analyzing significant case law, specifically the BGH-judgment of March 4, 2004.
What does the main body cover?
It covers contractual relationships, the classification of dialers as unrequested services, the impact of the MWD-law, and potential criminal violations under the StGB.
Which keywords characterize this work?
The work is characterized by terms such as Dialer, Premium-rate numbers, Consumer protection, BGH-judgment, and Contractual liability.
What was the outcome of the BGH-judgment of March 4, 2004?
The BGH ruled that access owners are not liable for costs generated by secretly installed dialers, as these programs are generally not noticeable to average users, and shifted the risk to network operators.
Why is the "burden of proof" a significant issue?
It remains problematic because consumers must often provide specific technical evidence to prove a dialer was installed secretly, a task that is often impossible if the software deletes itself or requires advanced technical knowledge.
- Quote paper
- Diplom Kaufmann Martin Kruse (Author), 2005, Secretly installed dialers, Munich, GRIN Verlag, https://www.grin.com/document/77787
