Dialer

Dialer ( from the English dial " select" for ), also called dial-up programs are computer programs that help beyond the analogue fixed line or the ( digital ) ISDN dial-up connection to the Internet or other computer networks can be built in a narrow sense. In addition, dialer for mobile phones exist. Special recognition they reached by the numerous cases of abuse in the premium -rate dialers, which often select unwanted and unnoticed expensive data value-added services, thus leading to high costs for the injured party. In a broader sense so other payment methods on value-added services and telephone connections are called, which are related to data connections.

• 4.1 Criminal aspects
• 4.2 Vulnerability of legal regulations

Concept, appearance and dissemination of dialers

In many operating systems, a standard dial-up program for connections to the Point-to- Point Protocol (PPP ) is already included. In Windows it is called " Dial-Up Networking ". The dial-up program must be started if you want to connect to the Internet over a standard phone line, and run until you close them. Many providers offer installation CDs, which are intended to simplify inexperienced customers to set up a proper internet access. This is done either by the fact that an entry is created in the Dial-Up Networking of the Windows operating system, or the fact that a company-specific dial-up program ( for example, the T-Online or Bluewin software) is installed. Often not only the dial-up program itself, but also its installation program is called " Dialer " in the broader sense. With the Internet-by -call software Least Cost Routers are also dialers, the term Dialer is not used for them in the rule - it extends in common parlance only on the premium rate dialer, so dialer to selection of expensive data value-added services in Europe mostly numbers starting with 0900-0999. In addition, softphones and selection programs are sometimes referred to (such as the Windows Phone Dialer ) for conventional landline voice connections as dialer programs (english to dial includes select both dial ).

As the inventor of the dialer applies Toni Saretzki, which was the market leader in German-speaking Europe with his company TSCash GmbH. Originally invented dialer was serious and a well -to-use and convenient payment method.

With the widespread use of DSL connections dialers have become largely obsolete. However, it is the use of dialers is done on mobile phones and Voice over IP conceivable.

Value-added service -Dialer

0900- dialers (including premium rate dialer or Webdialer called earlier in Germany " 0190- dialer " ) serve chargeable data or online value-added services to market and bill amounts of money on the phone bill as value-added voice services via the network operator. Such dialer numbers can be seen depending on the country in the special number 0900, 0901, 0906, 0930 or others that start with 09.

These numbers or services were initially only intended to settle, eg weather forecasts or games on the phone bill. To this end, the client chose one on a special phone number and let the cost debited on the phone bill. The same principle was soon used for the Internet dial-up, for which special numbers are used. In 0900 dialers connection costs are usually much higher than in normal internet connections, but to other services, such as accesses to more content, commanded. In Germany there are different than in the earlier 0190 numbers no uniform fees for specific 0900- dial-in numbers, but these must now be displayed.

There are also so -called broadband dialer (also known as Hanseatic dialer ). However, this term is incorrect because it is no dialer in the technical sense: Per DSL can settle namely 0900 charges. So you have to choose with his phone an 0900 number, which the service provider receives payments. As long as this connection is made, the customer can go to a fee-based internet offer, which unlocks the service provider, as long as just the voice connection. If one party hangs up, the offer, such as a site, not longer provided.

Theoretically possible, however, to build links to value-added services over a Voice over IP network. However, this presupposes that these services can be accessed via such a network also.

In addition, dialers can also be run from mobile phones and take about data services such as SMS services. In the field of mobile communications for there is a special form of value-added service, which is accessed through the numbers of the so-called network-internal speed dial. The premium value-added service is about that of the premium SMS, which can also lead to high costs.

Abuse

Usually, one thinks with the term " dialer " usually on such dialers, which are spread by rogue, partly criminal providers who bill increased fees without the express consent of the customer or inadequate. 2003, the separate number range 0900-9 was introduced mandatory for Dialer in Germany. Dialers that dial in via other than this number alley, can not - be registered with the Federal Network Agency and are therefore illegal - as prescribed.

Similar tricks such as viruses and worms, the programs are mainly distributed on PCs running the Windows operating system. Then this software is built - without the user's knowledge - new, fee-based compounds to expensive value-added service numbers. The inexperience and credulity of users allowed the widening of such dialers large revenue. In the years 2002 and 2003 dubious Dialer have been installed with the help of alleged anti-virus programs at unsuspecting German Internet users: advertising letters by e- mail from an alleged " anti- virus team " contained partly in the subject line marked " Forward ", but competed by link a program called ' downloadtool.exe ' or ' antivirus.exe ', which in reality represented a 0190- dialer. In addition, numerous similar cases have been reported.

An early 2003 surfaced Visual Basic Script installed a Trojan horse that changed values ​​in the Windows registry and in the security settings of Internet Explorer, so that ActiveX controls can be downloaded from the Internet without warning. An expensive dialer has been downloaded from the Internet By calling such a page or via e -mail. The script also turned off the modem speaker and suppressed the messages during the establishment of a dial-up connection.

To prevent abuse and their legal consequences for the "user", a volume of case law has arisen, and finally a new law ( Value Added Services Act ( MWD Act) ) was passed, which amended the Telecommunications Act to mandatory requirements for dialer.

Foreign and satellite Dialer

A special form of abuse provide international and satellite Dialer is (also known as " International Dialer " ), the select, however, neither in nor foreign value-added services, but only foreign numbers or satellite numbers. The initiators Earning through distribution agreements with foreign carriers. On the phone bills such compounds are therefore not reported as value-added services, but merely as ordinary international calls. Legally, the illegality of this form will be represented, so that damaged telecommunications operators such compounds invoiced must not pay or can reclaim from be invoiced network operator.

Protection against dialers

To protect yourself, you can apply a lock corresponding special numbers for their own connection with his phone company - how to make largely lock in this way according to all outbound value-added services. These, of course blocking also affects the polling of information - that are offered as in TV shows - and also applies to support numbers.

Since even the really safe area codes 0191-0195, which should be reserved for internet dialup access, have already been collected and used by dialer providers in Germany, ensures such an approach from not full. As additional protection against dialers are in the electronics stores called " dialer blocker " which are installed between the computer and TAE connection box. In such a device up to 12 phone numbers can be entered as a positive list. When a telephone number does not match with the stored number, the call attempt is blocked.

Users who connect to the Internet exclusively via DSL, are not affected by dialers, provided that the DSL connection via the network card will be formed and the only connection of the computer to the outside world. A dialer can indeed be downloaded, but has no effect because a dial-up over DSL is not possible because there is no conventional phone numbers in the DSL network. Therefore, the developer of dialers have changed the access. He is now on value-added services in mobile communications. There now appear as dialog boxes: " Please enter your mobile number. You will immediately receive an access code via SMS. "

Legal regulations and case law

Since 15 August 2003, the " Act on the Prevention of Abuse of ( 0) 190 / ( 0) 900 rate numbers " is entered as a law amending the Telecommunications Act ( the Act) in force in Germany, which is particularly mandatory with § 66f TKG rules for dialer providers and registration statuierte. For the provider, this follows for the following duties:

• Pricing duty on providers
• Price caps, identification procedures and automatic separation
• Registration of Anwählprogrammen ( dialer ).

In addition, a right of access of consumers to the Federal Network Agency has been introduced.

On 4 March 2004, the Federal Court ruled that dialer for use incidental charges need not be paid if the dialer was unknowingly used and certain safety precautions have been adhered to. By judgment of 28 July 2005, the Federal Court has strengthened the position of the consumer in again, he denied the connection network operators themselves be entitled to charge a fee. In a further judgment of 20 October 2005, the Federal Court case law developed further by awarding the user with a repayment claim to be paid, if he had paid over the network operator subject to change.

Criminal aspects

In most cases, the successful dissemination dialer is fraud pursuant to § 263 of the Penal Code and possibly even to other acts such as data change according to § 303a StGB.

If the use of a dialer constitutes fraud, then there is a predicate offense under § 261 of the Criminal Code, so that the collection of the claim would meet the objective offense of money laundering. A similar problem exists with the mobile payment.

Weaknesses of the legal regulations

The legal regulations complicate the abusive installing dialers something, but have many fundamental weaknesses:

• Registration of Anwählprogrammen: What makes a dialer, can not be ascertained by " reputation " of the dialer. The behavior can be made ​​depends on many parameters (date, IP address, CPU, RAM expansion, number of users, usage, presence of URLs in the Internet) and " tame " behavior during the registration authority. Even if you have the source code available, such hidden features are not always easy to find or reliable.
• The selection program can be modified later.
• The information texts of providers are often only partially and incompletely readable in non-standard settings regarding fonts, font sizes, allowing scripting languages ​​.