BLOCKING OF LONG-DISTANCE CALLS
by Jim Schmickley
Hawkeye PC, Cedar Rapids, Iowa
SUMMARY. This article describes the "blocking" by one long-distance
telephone company of access through their system to certain telephone numbers,
particularly BBS numbers. The blocking is applied in a very arbitrary manner,
and the company arrogantly asserts that BBS SYSOPS and anyone who uses a
computer modem are "hackers."
The company doesn't really want to discuss the situation, but it appears
the following scenario occurred. The proverbial "person or persons unknown"
identified one or more "valid" long-distance account numbers, and subsequently
used those numbers on one or more occasions to fraudulently call a legitimate
computer bulletin board system (BBS). When the long-distance company
discovered the fraudulent charges, they "blocked" the line without bothering
to investigate or contacting the BBS System Operator to obtain his assistance.
In fact, the company did not even determine the SYSOP's name.
The long-distance carrier would like to pretend that the incident which
triggered the actions described in this article was an isolated situation, not
related to anything else in the world. However, there are major principles of
free, uninhibited communications and individual rights deeply interwoven into
the issue. And, there is still the lingering question, "If one long-distance
company is interfering with their customers' communications on little more
than a whim, are other long-distant companies also interfering with the
American public's right of free 'electronic speech'?"
CALL TO ACTION. Your inputs and protests are needed now to counter the
long-distance company's claims that "no one was hurt by their blocking actions
because nobody complained." Obviously nobody complained for a long time
because the line blocking was carried out in such a manner that no one
realized, until April 1988, what was being done.
Please read through the rest of this article (yes, it's long, but you
should find it very interesting) and judge for yourself. Then, please write
to the organizations listed at the end of the article; insist that your right
to telephone whatever number you choose should not be impaired by the
arbitrary decision of some telephone company bureaucrat who really doesn't
care about the rights of his customers. Protest in the strongest terms. And,
remember: the rights you save WILL BE YOUR OWN!
SETTING THE SCENE. Teleconnect is a long-distance carrier and telephone
direct marketing company headquartered in Cedar Rapids, Iowa. The company is
about eight years old, and has a long-distance business base of approximately
200,000 customers. Teleconnect has just completed its first public stock
offering, and is presently (August 1988) involved in a merger which will make
it the nation's fourth-largest long-distance carrier. It is a very rapidly-
growing company, having achieved its spectacular growth by offering long-
distance service at rates advertised as being 15% to 30% below AT&T's rates.
When Teleconnect started out in the telephone interconnection business,
few, if any, exchanges were set up for "equal access", so the company set up a
network of local access numbers (essentially just unlisted local PABXs -
private automatic branch exchanges) and assigned a six-digit account number to
each customer. Later, a seventh "security" digit was added to all account
numbers. (I know what you're thinking - what could be easier for a war-games
dialer than to seek out "valid" seven-digit numbers?) Teleconnect now offers
direct "equal access" dialing on most exchanges. But, the older access
number/account code system is still in place for those exchanges which do not
offer "equal access." And, that system is still very useful for customers who
place calls from their offices or other locations away from home.
"BLOCKING" DISCOVERED. In early April 1988, a friend mentioned that
Teleconnect was "blocking" certain telephone lines where they detected
computer tone. In particular, he had been unable to call Curt Kyhl's Stock
Exchange BBS in Waterloo, Iowa. This sounded like something I should
certainly look into, so I tried to call Curt's BBS.
CONTACT WITH TELECONNECT. Teleconnect would not allow my call to go
through. Instead, I got a recorded voice message stating that the call was
a local call from my location. A second attempt got the same recorded
message. At least, they were consistent.
I called my Teleconnect service representative and asked just what the
problem was. After I explained what happened, she suggested that it must be a
local call. I explained that I really didn't think a 70 mile call from Cedar
Rapids to Waterloo was a local call. She checked on the situation and
informed me that the line was being "blocked." I asked why, and she "supposed
it was at the customer's request." After being advised that statement made no
sense, she admitted she really didn't know why. So, on to her supervisor.
The first level supervisor verified the line was being "blocked by
Teleconnect security", but she couldn't or wouldn't say why. Then, she
challenged, "Why do you want to call that number?" That was the wrong
question to ask this unhappy customer, and the lady quickly discovered that
bit of information was none of her business, And, on to her supervisor.
The second level supervisor refused to reveal any information of value to
a mere customer, but she did suggest that any line Teleconnect was blocking
could still be reached through AT&T or Northwestern Bell by dialing 10288-1.
When questioned why Teleconnect, which for years had sold its long-distance
service on the basis of a cost-saving over AT&T rates, was now suggesting that
customers use AT&T, the lady had no answer.
I was then informed that, if I needed more information, I should contact
Dan Rogers, Teleconnect's Vice President for Customer Service. That sounded
good; "Please connect me." Then, "I'm sorry, but Mr. Rogers is out of town,
and won't be back until next week." "Next week?" "But he does call in
regularly. Maybe he could call you back before that." Mr. Rogers did call me
back, later that day, from Washington, D.C. where he and some Teleconnect
"security people" were attending a conference on telephone security.
TELECONNECT RESPONDS, A LITTLE. Dan Rogers prefaced his conversation
with, "I'm just the mouthpiece; I don't understand all the technical details.
But, our security people are blocking that number because we've had some
problems with it in the past." I protested that the allegation of "problems"
didn't make sense because the number was for a computer bulletin board system
operated by a reputable businessman, Curt Kyhl.
Mr. Rogers said that I had just given Teleconnect new information; they
had not been able to determine whose number they were blocking. "Our people
are good, but they're not that good. Northwestern Bell won't release
subscriber information to us." And, when he got back to his office the
following Monday, he would have the security people check to see if the block
could be removed.
The following Monday, another woman from Teleconnect called to inform me
that they had checked the line, and they were removing the block from it. She
added the comment that this was the first time in four years that anyone had
requested that a line be unblocked. I suggested that it probably wouldn't be
the last time.
In a later telephone conversation, Dan Rogers verified that the block had
been removed from Curt Kyhl's line, but warned that the line would be blocked
again "if there were any more problems with it." A brief, non-conclusive
discussion of Teleconnect's right to take such action then ensued. I added
that the fact that Teleconnect "security" had been unable to determine the
identity of the SYSOP of the blocked board just didn't make sense; that it
didn't sound as if the "security people" were very competent. Mr. Rogers then
admitted that every time the security people tried to call the number, they
got a busy signal (and, although Mr. Rogers didn't admit it, they just "gave
up", and arbitrarily blocked the line.) Oh, yes, the lying voice message,
"This is a local call...", was not intended to deceive anyone according to Dan
Rogers. It was just that Teleconnect could only put so many messages on their
equipment, and that was the one they selected for blocked lines.
BEGINNING THE PAPER TRAIL. Obviously, Teleconnect was not going to pay
much attention to telephone calls from mere customers. On April 22, Ben
Blackstock, practicing attorney and veteran SYSOP, wrote to Mr. Rogers urging
that Teleconnect permit their customers to call whatever numbers they desired.
Ben questioned Teleconnect's authority to block calls, and suggested that such
action had serious overlays of "big brother." He also noted that "you cannot
punish the innocent to get at someone who is apparently causing Teleconnect
difficulty."
Casey D. Mahon, Senior Vice President and General Counsel of Teleconnect,
replied to Ben Blackstock's letter on April 28th. This response was the start
of Teleconnect's seemingly endless stream of vague, general allegations
regarding "hackers" and "computer billboards." Teleconnect insisted they did
have authority to block access to telephone lines, and cited 18 USC
2511(2)(a)(i) as an example of the authority. The Teleconnect position was
summed up in the letter:
"Finally, please be advised the company is willing to 'unblock' the line
in order to ascertain whether or not illegal hacking has ceased. In the
event, however, that theft of Teleconnect long distance services through use
of the bulletin board resumes, we will certainly block access through the
Teleconnect network again and use our authority under federal law to ascertain
the identity of the hacker or hackers."
THE GAUNTLET IS PICKED UP. Mr. Blackstock checked the cited section of
the U.S. Code, and discovered that it related only to "interception" of
communications, but had nothing to do with "blocking". He advised me of his
opinion and also wrote back to Casey Mahon challenging her interpretation of
that section of federal law.
In his letter, Ben noted that, "Either Teleconnect is providing a
communication service that is not discriminatory, or it is not." He added
that he would "become upset, to say the least" if he discovered that
Teleconnect was blocking access to his BBS. Mr. Blackstock concluded by
offering to cooperate with Teleconnect in seeking a declaratory judgment
regarding their "right" to block a telephone number based upon the actions of
some third party. To date, Teleconnect has not responded to that offer.
On May 13th, I sent my own reply to Casey Mahon, and answered the issues
of her letter point by point. I noted that even I, not an attorney, knew the
difference between "interception" and "blocking", and if Teleconnect didn't,
they could check with any football fan. My letter concluded:
"Since Teleconnect's 'blocking' policies are ill-conceived, thoughtlessly
arbitrary, anti-consumer, and of questionable legality, they need to be
corrected immediately. Please advise me how Teleconnect is revising these
policies to ensure that I and all other legitimate subscribers will have
uninhibited access to any and all long-distance numbers we choose to call."
Casey Mahon replied on June 3rd. Not unexpectedly, she brushed aside all
my arguments. She also presented the first of the sweeping generalizations,
with total avoidance of specifics, which we have since come to recognize as a
Teleconnect trademark. One paragraph neatly sums Casey Mahon's letter:
"While I appreciate the time and thought that obviously went into your
letter, I do not agree with your conclusion that Teleconnect's efforts to
prevent theft of its services are in any way inappropriate. The inter-
exchange industry has been plagued, throughout its history, by individuals who
devote substantial ingenuity to the theft of long distance services. It is
not unheard of for an interexchange company to lose as much as $500,000 a
month to theft. As you can imagine, such losses, over a period of time, could
drive a company out of business."
ESCALATION. By this time it was very obvious that Teleconnect was going
to remain recalcitrant until some third party, preferably a regulatory agency,
convinced them of the error of their ways. Accordingly, I assembled the file
and added a letter of complaint addressed to the Iowa Utilities Board. The
complaint simply asked that Teleconnect be directed to institute appropriate
safeguards to ensure that "innocent third parties" would no longer be
adversely affected by Teleconnect's arbitrary "blocking" policies.
My letter of complaint was dated July 7th, and the Iowa Utilities Board
replied on July 13th. The reply stated that Teleconnect was required to
respond to my complaint by August 2nd, and the Board would then propose a
resolution. If the proposed resolution was not satisfactory, I could request
that the file be reopened and the complaint be reconsidered. If the results
of that action were not satisfactory, a formal hearing could be requested.
After filing the complaint, I also sent a copy of the file to Congressman
Tom Tauke. Mr. Tauke represents the Second Congressional District of Iowa,
which includes Cedar Rapids, and is also a member of the House Telecommunica-
tions Subcommittee. I have subsequently had a personal conversation with Mr.
Tauke as well as additional correspondence on the subject. He seems to have a
deep and genuine interest in the issue, but at my request, is simply an
interested observer at this time. It is our hope that the Iowa Utilities
Board will propose an acceptable resolution without additional help.
AN UNRESPONSIVE RESPONSE. Teleconnect's "response" to the Iowa Utilities
Board was filed July 29th. As anticipated, it was a mass of vague
generalities and unsubstantiated allegations. However, it offered one item of
new, and shocking, information; Curt Kyhl's BBS had been blocked for ten
months, from June 6, 1987 to mid-April 1988. (At this point it should be
noted that Teleconnect's customers had no idea that the company was blocking
some of our calls. We just assumed that calls weren't going through because
of Teleconnect's technical problems.)
Teleconnect avoided putting any specific, or even relevant, information
in their letter. However, they did offer to whisper in the staff's ear;
"Teleconnect would be willing to share detailed information regarding this
specific case, and hacking in general, with the Board's staff, as it has in
the past with various federal and local law enforcement agencies, including
the United States Secret Service. Teleconnect respectfully requests, however,
that the board agree to keep such information confidential, as to do otherwise
would involve public disclosure of ongoing investigations of criminal conduct
and the methods by which interexchange carriers, including Teleconnect, detect
such theft."
There is no indication of whether anyone felt that such a "confidential"
meeting would violate Iowa's Open Meetings Law. And, nobody apparently
questioned why, during a ten-months long "ongoing investigation", Teleconnect
seemed unable to determine the name of the individual whose line they were
blocking. Of course, whatever they did was justified because (in their own
words), "Teleconnect had suffered substantial dollar losses as a result of the
theft of long distance services by means of computer 'hacking' utilizing the
computer billboard which is available at that number."
Teleconnect's most vile allegation was, "Many times, the hacker will
enter the stolen authorization code on computer billboards, allowing others to
steal long distance services by utilizing the code." But no harm was done by
the blocking of the BBS number because, "During the ten month period the
number was blocked, Teleconnect received no complaints from anyone claiming to
be the party to whom the number was assigned." The fact that Curt Kyhl had no
way of knowing his line was being blocked might have had something to do with
the fact that he didn't complain.
It was also pointed out that I really had no right to complain since,
"First, and foremost, Mr. Schmickley is not the subscriber to the number."
That's true; I'm just a long-time Teleconnect customer who was refused service
because of an alleged act performed by an unknown third party.
Then Teleconnect dumped on the Utilities Board staff a copy of a seven
page article from Business Week Magazine, entitled "Is Your Computer Secure?"
This article was totally unrelated to the theft of long-distance service,
except for an excerpt from a sidebar story about a West German hackers' club.
The story reported that, "In 1984, Chaos uncovered a security hole in the
videotex system that the German telephone authority, the Deutsche Bundespost,
was building. When the agency ignored club warnings that messages in a
customer's private electronic mailbox weren't secure, Chaos members set out to
prove the point. They logged on to computers at Hamburger Sparkasse, a
savings bank, and programmed them to make thousands of videotex calls to Chaos
headquarters on one weekend. After only two days of this, the bank owed the
Bundespost $75,000 in telephone charges."
RESOLUTION WITH A RUBBER STAMP. The staff of the Iowa Utilities Board
replied to my complaint by letter on August 19th. They apparently accepted
the vague innuendo submitted by Teleconnect without any verification;
"Considering the illegal actions reportedly to be taking place on number (319)
236-0834, it appears the blocking was reasonable. However, we believe the
Board should be notified shortly after the blocking and permission should be
obtained to continue the blocking for any period of time."
However, it was also noted that, "Iowa Code 476.20 (1) (1987) states, 'A
utility shall not, except in cases of emergency, discontinue, reduce, or
impair service to a community or a part of a community, except for nonpayment
of account or violation of rules and regulations, unless and until permission
to do so is obtained from the Board." The letter further clarified, "Although
the Iowa Code is subject to interpretation, it appears to staff that
'emergengy' refers to a relatively short time..."
CONSIDER THE EVIDENCE. Since it appeared obvious that the Utilities
Board staff had not questioned or investigated a single one of Teleconnect's
allegations, the staff's response was absolutely astounding. Accordingly, I
filed a request for reconsideration on August 22nd.
Three points were raised in the request for reconsideration: (1) The
staff's evaluation should have been focused on the denial of service to me and
countless others of Teleconnect's 200,000 customers, and not just on the
blocking of incoming calls to one BBS. (2) The staff accepted all of
Teleconnect's allegations as fact, although not one bit of hard evidence was
presented in support of those allegations. (3) In the words of the staff's
own citation, it appeared that Teleconnect had violated Iowa Code 476.20 (1)
(1987) continuously over a ten months' period, perhaps as long as four years.
Since Teleconnect had dumped a seven page irrelevant magazine article on
the staff, it seemed only fair to now offer a two page completely relevant
story to them. This was "On Your Computer - Bulletin Boards", from the June
1988 issue of "Changing Times". This excellent article cited nine BBSs as
"good places to get started". Among the nine listed BBSs was Curt Kyhl's
"Stock Exchange, Waterloo, Iowa (319-236-0834)." Even the geniuses at
Teleconnect ought to be able to recognize that this BBS, recommended by a
national magazine, is the very same one they blocked for ten months.
MEANWHILE, BACK AT THE RANCH. You are now up-to-date on the entire
story. Now, we are in the process of spreading the word so that all
interested people can contact the Iowa authorities so they will get the
message that this case is much bigger than the blocking of one BBS. YOU can
help in two ways:
First, upload this file to bulletin boards you call. Let's get this
message distributed to BBS and modem users across the nation, because the
threat is truly to communications across the nation.
Second, read the notice appended to this article, and ACT. The notice
was distributed at the last meeting of Hawkeye PC Users' Group. If you are a
Teleconnect customer, it is very important that you write the agencies listed
on the notice. If you are not a Teleconnect customer, but are interested in
preserving your rights to uninhibited communications, you can help the cause
by writing to those agencies, also.
Please, people, write now! Before it is too late!
T E L E C O N N E C T C U S T O M E R S
= = = = = = = = = = = = = = = = = = = = = = = =
If you are user of Teleconnect's long distance telephone service,
you need to be aware of their "blocking" policy:
Teleconnect has been "lashing out" against the callers of
bulletin boards and other "computer numbers" by blocking access of
legitimate subscribers to certain phone numbers to which calls have
been made with fraudulent Teleconnect charge numbers. Curt Kyhl's
Stock Exchange Bulletin Board in Waterloo has been "blocked" in such a
manner. Teleconnect representatives have indicated that other
"computer numbers" have been the objects of similar action in the
past, and that they (Teleconnect) have a "right" to continue such
action in the future.
Aside from the trampling of individual rights guaranteed by the
Bill of Rights of the U.S. Constitution, this arbitrary action serves
only to "punish the innocent" Teleconnect customers and bulletin board
operators, while doing absolutely nothing to identify, punish, or
obtain payment from the guilty. The capping irony is that
Teleconnect, which advertises as offering significant savings over
AT&T long-distance rates, now suggests to complaining customers that
the blocked number can still be dialed through AT&T.
Please write to Teleconnect. Explain how long you have been a
customer, that your modem generates a significant amount of the
revenue they collect from you, and that you strongly object to their
abritrarily deciding what numbers you may or may not call. Challenge
their "right" to institute a "blocking" policy and insist that the
policy be changed. Send your protests to:
Teleconnect Company
Mr. Dan Rogers, Vice President
for Customer Service
500 Second Avenue, S.E.
Cedar Rapids, Iowa 52401
A complaint filed with the Iowa Utilities Board has been
initially resolved in favor of Teleconnect. A request for
reconsideration has been filed, and the time is NOW for YOU to write
letters to the State of Iowa. Please write NOW to:
Mr. Gerald W. Winter,
Supervisor, Consumer Services
Iowa State Utilities Board
Lucas State Office Building
Des Moines, Iowa 50319
And to:
Mr. James Maret
Office of the Consumer Advocate
Lucas State Office Building
Des Moines, Iowa 50319
Write now. The rights you save WILL be your own.
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