April, 2022
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StopSIMCrime Summit

Calvin Cheng v T-Mobile

8/2/2021

**T-Mobile gave hackers control of Mr. Brandon Buchanan's mobile number, the co-founder and partner of Iterative Capital (“Iterative”), a hybrid investment fund focused on cryptocurrency trading and seed-stage venture investments, which is Calvin Cheng's trusted crypto trading and who has transacted with in the past. **

**Hackers took over Buchanan's accounts, pretended to be him, and scammed Mr. Cheng, who was under the impression that he was doing a legit crypto trade with Mr. Buchanan. **

5/6/21 Update The court files a notice of voluntary dismissal from the side of the plaintiff Calvin Cheng.

2/17/21 Update Plaintiff submitted its First Amended Complaint.

Claims in
Calvin Cheng v T-Mobile
Violation of The Federal Communications Act
  1. Under 47 U.S. Code § 201, every telecommunications carrier has a duty to protect the confidentiality of proprietary information of, and relating to, other telecommunication carriers, equipment manufacturers, and customers, including telecommunication carriers reselling telecommunications services provided by a telecommunications carrier.
  2. Under 47 U.S. Code § 222, it shall be the duty of every common carrier engaged in interstate or foreign communication by wire or radio to furnish such communication service upon reasonable request therefor; and, in accordance with the orders of the Commission, in cases where the Commission, after opportunity for hearing, finds such action necessary or desirable in the public interest, to establish physical connections with other carriers, to establish through routes and charges applicable thereto and the divisions of such charges, and to establish and provide facilities and regulations for operating such through routes.
Violation of Computer Fraud and Abuse Act

In 1986, the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030, was introduced to combat hacking, as an update to the first federal computer fraud statute. It has been updated many times over the years, most notably in 2008, to encompass a broad range of actions well beyond its original purpose. The CFAA forbids the intentional access to a device without permission or in excess of permission, but does not specify what "without authorisation" entails. It has been a weapon perfect for violence to usage against virtually any aspect of electronic operation with harsh punishment schemes and malleable clauses.

Negligent Hiring, Retention, and Supervision

Negligent Hiring, Retention, and Supervision is a legal claim made against an employer where an employer must have known or been on notice that the employee was unfit or incompetent to perform the work for which he or she was hired or retained.

Gross Negligence

Gross negligence is more than simple carelessness or failure to act. It is willful behavior done with extreme disregard for the health and safety of others. It is conduct likely to cause foreseeable harm.

Negligence

Negligence is defined as a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but can also consist of omissions when there is some duty to act (e.g., a duty to help victims of one's previous conduct). 

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