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.
Inhaltsverzeichnis (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...........
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This paper aims to analyze the legal position and consequences of secretly installed dialers in Germany, focusing on the misuse of these programs and their impact on users. It seeks to provide a comprehensive overview of the relevant legal framework, including the MWD-law and BGH judgments, and to highlight the potential legal violations associated with dialer abuse.
- The definition and purpose of dialer software
- The premium-rate numbers system and its potential for misuse
- The legal framework in Germany concerning hidden dial-ups
- The legal consequences of dialer abuse, including liability and pecuniary claims
- Preventive measures and strategies to avoid dialer misuse
Zusammenfassung der Kapitel (Chapter Summaries)
- Chapter 1 provides an introduction to the topic of secretly installed dialers and outlines the scope of the paper. The chapter highlights the growing prevalence of dialer software and the increasing concern over dialer abuse.
- Chapter 2 defines the term "dialer" and explores the premium-rate numbers system, including its uses and potential for misuse. The chapter also discusses preventive measures that can be taken to avoid dialer attacks.
- Chapter 3 examines the legal position in Germany concerning hidden dial-ups caused by secretly installed dialers. This includes an analysis of contractual relationships in the dialer market, the MWD-law, relevant BGH judgments, and supplementary provisions. The chapter also discusses potential law violations associated with secretly installed dialers.
Schlüsselwörter (Keywords)
Dialer software, premium-rate numbers, hidden dial-ups, dialer abuse, legal position, regulatory law, MWD-law, BGH judgment, contractual relationships, legal violations, preventive measures, liability, pecuniary claims.
Frequently Asked Questions
What is a dialer in the context of this paper?
A dialer is a computer program that establishes a connection to the internet or other networks via a telephone line, often using premium-rate numbers.
What are "secretly installed dialers"?
These are malicious programs installed without the user's consent that dial expensive premium-rate numbers in the background, leading to high telephone bills.
What is the significance of the MWD-law of 2003?
The MWD-law (Mehrwertdienstegesetz) was introduced in Germany to regulate premium-rate services and protect consumers from dialer misuse by setting strict registration and transparency requirements.
What did the Federal Court of Justice (BGH) rule in 2004?
The BGH-judgment of March 4, 2004, clarified that users are not liable for charges generated by dialers that were installed secretly and without their knowledge.
How can users prevent dialer attacks?
Preventive measures include using firewall software, disabling 0190/0900 numbers via the telecom provider, and using DSL connections which are generally not susceptible to classic dialers.
What are the potential legal violations of dialer operators?
Operators of secretly installed dialers may be guilty of fraud, computer sabotage, and violations of consumer protection and regulatory laws.
- Citation du texte
- Diplom Kaufmann Martin Kruse (Auteur), 2005, Secretly installed dialers, Munich, GRIN Verlag, https://www.grin.com/document/77787
