Here's a post from another board:
http://cdmagurus.com/forum/showthrea...ll=1#post13737
The FCC just returned my call and I spoke with a law clerk in the mobility division of the FCC. Here is what was discussed:
I gave them the web address and verbiage for the following statement: "The Commission considers any knowing use of cellular telephone with an altered ESN to be a violation of the Communications Act (Section 301) and alteration of the ESN in a cellular telephone to be assisting in such violation." (see:
http://wireless.fcc.gov/services/ind..._3&id=cellular). They did some research to see if it still applies.
The answer he came back with is that the website is out of date and that statement no longer applies. They are submitting an order to take the page down from their website. This was out of date as of 9/24/2002 in conjunction with the NPRM that I previously referred to.
The clerk advised me that the NPRM took them out of the business of rulemaking with regard to ESN’s because the new federal statute provided sufficient protection. Newly developed fraud protection methods and smart card technology made the rules unnecessary.
The only law that applies now is Title 18 U.S.C. Section 1029: (see:
http://www.law.cornell.edu/uscode/71...9----000-.html). If you are going to change an ESN, read it in its entirety and be familiar with it.
With regard to 1029.a.1 in order to be in violation of the statute, you have to satisfy all of the following;
1) Use a counterfeit access device
2) Do it knowingly
3) Do it with the intent to defraud
...
ESN swapping, if not done with the intent to defraud, is not illegal. If I buy a Verizon Iphone, pay full price, and swap the ESN with my Evo 4G so I can use the Iphone on sprint, there is no intent to defraud.
