Harrell

I. Facts and Proceedings

DISH Network and Direct TV are direct broadcast satellite services that broadcast encoded digital satellite television and audio signals throughout the United States. To obtain either service, subscribers must purchase or lease equipment, includ- ing receivers, which decode and convert the encoded satellite signal into a viewable television signal, and “smartcards,” which authorize the receiver to convert the signal. Each DISH Network receiver has a unique “boxkey” identification num- ber which is electronically stored in the receiver and is used by DISH Network to identify the receiver and to obtain infor- mation about the receiver. While boxkey identification num- bers are proprietary and are generally not made available to the public, they may be obtained using a receiver’s J-TAG port, which is the input/output port used to interface the receiver with a personal computer for reading and writing receiver software.

On October 27, 2004, acting pursuant to a warrant, officers of the Siskiyou County Sheriff’s Department seized various items of personal property from Harrell’s residence. The property included satellite television receivers, smartcards,…