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Date Posted: 08:20:36 01/09/04 Fri
Author: French
Subject: Porn dialer

just been looking back at my records of voila.fr.

One of the early diallers from voila.fr (Sep-03) gave the following
contact information when run:


Miatext Media LLC
10773 NW 58th Street #323
Miami, FL 33178

Email: miatext@hotmail.com


Number dialled (according to disclaimer): 09099650703
I checked, and it did actually dial the number it stated(!).

I did a quick Google search on Miatext, and came up with the following
very interesting info at

(ICSTIS report for December 2003):


Miatext Media LLC,
Florida

Service Type & Tariff
Online adult
entertainment:
£1.50 per minute
Complaint Source
Public (234) . London
Network Operator(s)
One World Interactive

Complaint
Members of the public complained about an online adult entertainment
service whose dial-up software downloaded without their knowledge or
consent, and which appeared to activate itself automatically each time
their PCs were turned on. Complainants also reported that when they
tried to delete the software, the premium rate number defaulted into
their dial-up software
.
As the software affected users. settings without their knowledge or
consent, and because users were unlikely to be aware of the potential
consequences of the presence of this software, it was deemed that
unfair advantage was being taken of the complainants (3.3.1b ninth
edition). In addition, the aggressive manner in which the software
downloaded and activated itself could lead to a number of unauthorised
calls (3.13 ninth edition).

Analysis of telephone bills showed that the service failed to
disconnect by forced release at £20.00, while monitoring showed that
on-screen pricing information was not displayed as prominently as
required. This helped to disguise the fact that use of the software
would incur a premium rate charge. This lack of clear pricing
information was exacerbated by the lack of an on-screen clock (5.5.1a
and b, 5.5.2a and b, and 5.5.3d ninth edition). Call revenue
statistics were requested,together with promotional and operational
details (6.2.3 ninth edition).

Investigation and Decision
Miatext Media LLC did not specifically respond to any of the breaches
but the requested information was supplied.

The Committee upheld breaches of paragraphs 3.3.1b, 3.13,
5.5.1a and b, 5.5.2a and b, and 5.5.3d of the ninth edition of the
ICSTIS Code of Practice. A breach of paragraph 6.2.3 was not
upheld. Miatext Media LLC were fined £10,000 and access to the service
was barred for a period of six months, or until the dialler software
could be shown to comply with the Code, whichever was the longer. They
were also instructed to offer redress to all affected parties.


Cheers
Graham

I'm not sure whose complaint this was - I certainly haven't had any
communications from ICSTIS regarding this.

It's a shame that this decision hasn't affected the spamming...

Cheers
Graham

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