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Comcast May Face Lawsuits Over BitTorrent Filtering

An anonymous reader writes "It's been widely reported that Comcast is engaged in a sneaky form of Internet filtering. The company is terminating its customers' BitTorrent sessions by sending misleading data onto the network. The end result is that instead of targeting key heavy users, Comcast is instead engaged in an all out war against P2P protocols. In an interview with CNET, the Electronic Frontier Foundation's Fred von Lohmann states that Comcast is 'throwing a spanner in the works of the Internet, hoping that this will somehow reduce bandwidth usage overall.' Other lawyers seem to have smelled blood, and are circling in the water. Lohmann reveals that '[The EFF has] already been contacted by attorneys who are considering legal action against Comcast.' Could Comcast be facing a class-action?"

378 comments

  1. ZOMG!! Squeal!! by anthonyclark · · Score: 5, Funny

    YAY, I have a tiny chance of receiving $7.32 off my comcast bill in 6 years time!

    --
    ----- Documentation is worth it just to be able to answer all your mail with 'RTFM' - Alan Cox.
    1. Re:ZOMG!! Squeal!! by Anonymous Coward · · Score: 0

      This is not about you and your money, it's about making sure another company doesn't try do the same thing.

    2. Re:ZOMG!! Squeal!! by Protonk · · Score: 2, Informative

      you're missing his point. He's making fun of most class action outcomes being toothless in the extreme. Class action victory against company A? 5-7 years down the line, you get a voucher for 30-40 dollars if you can provide proof of purchase in triplicate, a blood sample, and a unicorn hair.

      Reverse this notion and look at it from the likely payout end. It is like having to honor a rebate you didn't have to tell customers they were eligible for 7 years down the road. think how many rebates are honored with prior notice three MONTHS down the road...

    3. Re:ZOMG!! Squeal!! by samu0086 · · Score: 1

      Happy Mole Day!

      --
      Mild-mannered college student by day, DinoPark Tycoon by night.
    4. Re:ZOMG!! Squeal!! by Anonymous Coward · · Score: 0

      Exactly. There's a lot of money is this, for Comcast to lose and for the layers to make.

      I certainly hope the bastards get sued for fucking with the intarpipes!

      YOU - DON'T - DO - THAT!

    5. Re:ZOMG!! Squeal!! by Anonymous Coward · · Score: 1

      And the lawyers chosen for a class-action lawsuit against Comcast have a certain chance to get a huge pay. Which is why I tagged this article ambulancechasers.

    6. Re:ZOMG!! Squeal!! by Walpurgiss · · Score: 2

      But due to the nature of the suit's claim of bandwidth throttling bittorrent, what would you have to sign for to recieve member status in the class action suit?

      Sign something saying that during such and such a timeframe, you were engaged in stealing music/movies/games/porn using bittorrent, and Comcast's throttling of bittorrent or cancellation of your account for excessive bandwidth consumption negatively impacted your illicit activities?

      Who is the class going to be? The 5 legitimate torrent users who also happened to use Comcast?

    7. Re:ZOMG!! Squeal!! by Anonymous Coward · · Score: 1

      I think I would get more satification if I went in and smashed their office with a hammer.

    8. Re:ZOMG!! Squeal!! by Dunbal · · Score: 1

      You could always short their stock. Looking at their performance this year (on a slide down $5 since May), I doubt it's going to get better... Then you could make more than $7.32 :)

      --
      Seven puppies were harmed during the making of this post.
    9. Re:ZOMG!! Squeal!! by Skye16 · · Score: 3, Insightful

      World of Warcraft users who are trying to get the latest patch, for example?

    10. Re:ZOMG!! Squeal!! by GryMor · · Score: 2, Informative

      Anyone who plays WOW. Blizzard uses torrents for distribution of World of Warcraft patches. I'm sure they aren't the only ones, and this doesn't even mention the Linux ISOs that are transferred via torrents.

      --
      Realities just a bunch of bits.
    11. Re:ZOMG!! Squeal!! by rucs_hack · · Score: 1

      excellent point.
      Probably people will look hard to discover what possible legal torrent there aare that would account for a 50+ Gb habit for the last three years.

    12. Re:ZOMG!! Squeal!! by LWATCDR · · Score: 1

      Don't forget an outright ban on bit-torrent on the Comcast network.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    13. Re:ZOMG!! Squeal!! by c_g_hills · · Score: 1

      Just look at my stats on linuxtracker.org (chaz6). So far I have uploaded more than 21 terabytes to date.

    14. Re:ZOMG!! Squeal!! by u-235-sentinel · · Score: 2, Interesting

      YAY, I have a tiny chance of receiving $7.32 off my comcast bill in 6 years time!

      I was just thinking how much I don't miss Comcast. Even though DSL isn't 6 or 60 Megs up/down like I would expect from a Utopia connection, at least I don't have to deal with Comcast's Frankenstein behaviour.

      Personally I hope as a nation we consider the Internet "Important" to our economic future. If so then why are we not building a National Infrastructure as proposed by Clinton/Gore int he 90's? I'm talking about NII. From what I'm reading, we already paid for it in taxes over the last decade plus.

      And don't get me started over Comcast terminating it's customers for "Using the Internet too much". That's just plain stupid. No limits but don't over use the service you are paying for. And how much is acceptable and what is not?

      Yeah, I've read their AUP/TOS and you know what. Even the two lawyers I've spoken to couldn't make heads/tails of it. It's that screwed up.

      Anyway, we need to contact our local city council, Mayors, State and Federal politicians about this problem. Either the internet is important or it isn't.

      I'm taking a vacation day this Thursday to attend a subcommittee meeting discussing building the Utopia Infrastructure here in Utah. I sure hope comcast sends someone there. I'd love to hear and respond to his bull.

      --
      Has Comcast disconnected your Internet account? Same here. You can read about it at http://comcastissue.blogspot.com
    15. Re:ZOMG!! Squeal!! by EggyToast · · Score: 2, Insightful

      While I agree with you, I believe the larger issue (and why it's actually getting news) is that Comcast is intentionally killing Bittorrent traffic -- not just blocking ports, not just monitoring certain illegal sites, but killing the way the protocol works. And it's doing so indiscriminately.

      So even though the majority of Bittorrent traffic is based on infringing copyright, it's also used for the majority portion of Linux ISO distribution. It's also used by a few game companies and other, very legitimate, purposes. If Comcast simply put out a press release saying "Due to our infrastructure, we are blocking all Bittorrent usage," there would likely be no problem. Instead, they're claiming they're not doing anything, or perhaps they're doing something, or they are definitely doing something but not really, or it's just like a "busy signal" on a telephone, and they're allowing people to download but not upload (which kills Bittorrent).

      Instead they're lying, and trying to kill even legitimate torrents (without saying they're killing them). I'm not at all surprised that they're doing it -- the upload speeds on Comcast's network are laughable. But it's the avoidance and lying that gets me. Come out and say "We are actively blocking Bittorrent activity on our network." Otherwise, you're just misleading your customers.

    16. Re:ZOMG!! Squeal!! by Crazy+Taco · · Score: 1

      I'd join this class action. I'm a Comcast customer and I can't stand the way they try to restrict Internet activity when they often claim service is "unlimited".

      --
      Beware of bugs in the above code; I have only proved it correct, not tried it.
    17. Re:ZOMG!! Squeal!! by InvalidError · · Score: 1

      Seeding one's favourite Linux distros and other legit stuff can easily account for 150GB/month in upload. On the download side, I imagine someone who bought nearly all Steam-distributed titles and re-downloaded them all over the course of one billing month would get most of the way to 50GB or possibly beyond. Most of the downloading I do is anime fansubs... with a few Linux distros and random other stuff thrown it, I still download less than 40GB/month the vast majority of the time.

      Getting to ~50GB/month on 100% legit stuff is not too difficult: internet radio + VoIP + software updates (with a few PCs) can already account for as much as 20GB/month in "baseline" traffic... add movie/game previews, software demos, YouTube and other similar stuff for another easy 20GB/month, we're already in the area of 50GB/month for a somewhat nerdy entertainment freak. By the time downloading reaches 100GB, I start to seriously wonder if people ever find time to use what they downloaded.

    18. Re:ZOMG!! Squeal!! by abug · · Score: 0

      Unless every Comcast subscriber decides to switch providers, wouldn't participating in such a lawsuit be shooting oneself in the foot? It could result in higher prices to offset the perceived cost of not doing the p2p restrictions during times of high bandwidth consumption.

    19. Re:ZOMG!! Squeal!! by westlake · · Score: 1
      YAY, I have a tiny chance of receiving $7.32 off my comcast bill in 6 years time!

      and torrents will still be stuck on the back burner. throttled by one means or another.

    20. Re:ZOMG!! Squeal!! by sgarringer · · Score: 2, Funny

      So you're why all my bittorrent downloads are so slow, wasting upload with something you can get for free anyway! Why don't you try seeding something of worth =)

      PS: I kid, I kid.

    21. Re:ZOMG!! Squeal!! by sneezinglion · · Score: 2, Interesting

      What about those of us on OTHER ISPs that are harmed by the DL taking longer? I mean not only comcast subscribers are hurt by this.

    22. Re:ZOMG!! Squeal!! by roc97007 · · Score: 1

      It's been done...

      --
      Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
    23. Re:ZOMG!! Squeal!! by AWhistler · · Score: 1

      I had the idea which I haven't acted on yet, to go to Toys-R-Us, buy every toy hammer they have, and go to the nearest Comcast office and either hand out these hammers to customers going in to give to their customer service rep as a token of what the woman did, or just dump all the hammers in their lobby and leave as a more pointed protest. This would be a way to protest in a way that they could understand. If enough people did this, they'd have too many hammers to deal with.

    24. Re:ZOMG!! Squeal!! by Anonymous Coward · · Score: 0

      heres a bigger question, can non comcast customers sue on the basis that they forged our credentials too? I mean they are pretending to be me comcast subscriber or not. Shouldnt I be able in Canada to sue an american company for forging my legal WOW torrent packets to its subscribers?

    25. Re:ZOMG!! Squeal!! by Anonymous Coward · · Score: 0

      I'm sure bittorrents of hollywood movies and copyrighted albums and software are important to the economy, but I'm probably too stupid to see how.

    26. Re:ZOMG!! Squeal!! by monxrtr · · Score: 0

      Here's how: any content WHATSOEVER must be copied to be DISPLAYED by others. Any web page, any files, which are viewed on the internet, are COPIED, are SHARED. This saves energy of physical delivery, provides economies of scale, reduces costs, is environmentally friendly. This is the same for radio, the same for television, the same for internet files, the same for talking on a telephone, the same for all broadcast media whatsoever. That way you don't have land fills full of cds and dvds for every television show, every radio broadcast, every software program. If you are filling out web page forms for on-line shopping you are sending and receiving information; that is no different than bittorrent.

      Comcast is censoring data they do not own. Comcast is depriving consumers of services paid for. Copyright has nothing to do with it. All files, both copyrighted and non-copyrighted must be COPIED to be seen and heard by those accessing the internet. There's no difference if you click on a web page or if you bitttorent files.

      --
      "From DNA to P2P, we are all Copycats now. Go Go Copycat Power! Copycat Powers activate! Form of, a Copycat." --monxrtr
    27. Re:ZOMG!! Squeal!! by u-235-sentinel · · Score: 1

      Comcast is censoring data they do not own. Comcast is depriving consumers of services paid for. Copyright has nothing to do with it. All files, both copyrighted and non-copyrighted must be COPIED to be seen and heard by those accessing the internet. There's no difference if you click on a web page or if you bitttorent files.

      I think that's why he/she/it posted as AC rather than risk sounding like an idiot.

      The discussion was about limiting P2P services which every week are use more and more for legitimate businesses. But then again, he/she/it probably doesn't play computer games like WOW. But then again, perhaps I'm too stupid to see how the bittorrent protocol is being used legally.

      Just noticed I can download Hollywood movies, songs, tv shows, games and other items from bittorrent themselves.

      Sweet!

      So much for the AC's copyright argument eh ;D

      --
      Has Comcast disconnected your Internet account? Same here. You can read about it at http://comcastissue.blogspot.com
    28. Re:ZOMG!! Squeal!! by BVis · · Score: 1

      But then again, perhaps I'm too stupid to see how the bittorrent protocol is being used legally.
      Linux distributions.
      Software demos.

      Guess you're right about being too stupid. Using your argument, you could try to make thumbtacks illegal because people might use them to hang up pictures of copyrighted images that the user hasn't paid for. BT is a tool, not a philosophy.

      Also, you might want to look up the Betamax decision while you're at it. The movie industry tried to make home VCRs illegal, but the courts decided that there were 'sufficient non-infringing uses' of the technology and denied their request. I'd call downloading Ubuntu sufficiently non-infringing.
      --
      Never underestimate the power of stupid people in large groups.
    29. Re:ZOMG!! Squeal!! by u-235-sentinel · · Score: 1

      Guess you're right about being too stupid. Using your argument, you could try to make thumbtacks illegal because people might use them to hang up pictures of copyrighted images that the user hasn't paid for. BT is a tool, not a philosophy.

      You missed my sarcasm. I was poking at the Parent's comment in my response :-)

      --
      Has Comcast disconnected your Internet account? Same here. You can read about it at http://comcastissue.blogspot.com
    30. Re:ZOMG!! Squeal!! by mlarios · · Score: 1

      Yes, because its the lawyers' fault that Comcast filters traffic this way.

  2. Comcast by jcicora · · Score: 5, Insightful

    Personally I hope they do get sued. While I do think our society is overly litigous, and Comcast does have the right to modify traffic on the network they own, I don't think they have the right to lie or mislead about it. And isn't this the same Comcast who had the unlimited plan with bandwidth caps?

    1. Re:Comcast by morgan_greywolf · · Score: 1

      I'm a former Comcast customer. Heck, where do I sign up for the class action lawsuit?

    2. Re:Comcast by UncleTogie · · Score: 4, Insightful

      Comcast does have the right to modify traffic on the network they own

      Really? Where does it end? Modifying emails because they disapprove of the content? What if your cell phone company monitored your phone conversations, and bleeped out words they didn't like?

      This is obnoxious on so many levels it's not even funny...

      --
      Don't tell me to get a life. I'm a gamer; I have LOTS of lives!
    3. Re:Comcast by Chandon+Seldon · · Score: 2, Insightful

      Comcast does have the right to modify traffic on the network they own.

      As long as they have a government granted monopoly on local cable service, they have the right to provide fully functional cable internet service to any resident who requests it and is willing to pay the fee specified in the contract between Comcast and the municipality.

      Companies getting to chose who they do business with is great - I kicked people out occasionally when I owned a retail store - but it simply doesn't apply to utility companies with government granted monopolies or government subsidized infrastructure.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
    4. Re:Comcast by BlowHole666 · · Score: 1

      If you rent a TV from me you can not go put stickers all over the TV because I still own it. However, if I mail you a sticker and tell you to place the sticker on the TV you rented from me I can. If you do not like the sticker you tell me to f-off and hand me the TV back and tell me you will rent from someone else. You do not OWN the network you are just renting it. If you owned the network the government would have to hand you a warrant to request YOUR permission to monitor your phone calls. (Leave the illegal wiretapping out of this that is a different story I am just saying you do not own the network). As to where it ends I do not know. I think it ends when customers get tired of this crap. Or it ends when you get it specifically in your contract that your ISP will not monitor your network traffic. If the company does not put that in their contract guess what...don't use them. Simple as that. If they are the only ISP in your area well stay off the grid or play by someone else's rules.

      --
      I smoked pot once. But I DID NOT inhale. Will you hire me?
    5. Re:Comcast by DJCacophony · · Score: 2, Informative

      Telephone lines have common carrier status, so they can't do that
      Internet lines were denied the same designation, so they can, hence network-non-neutrality
      The idea, however, is that if they do that, they will lose all their customers, and be sued for it, too.

      --
      Slow Down, Cowboy! It's been 60 minutes since you last successfully posted a comment.
    6. Re:Comcast by Husgaard · · Score: 1

      Comcast has absolutely no right to modify the traffic of their customers, just like the phone company has no right to change what I say on the phone. And just like the postal office has no right to modify the letters I send while they are in transit.

      And this isn't even about modifying traffic. It is about Comcast deliberately injecting false data into the network with information falsely claiming that it was sent by parties other than Comcast.

    7. Re:Comcast by BlowHole666 · · Score: 1

      Telephone lines have common carrier status, so they can't do that. Internet lines were denied the same designation
      Check the law before you post. You know all that spam blocking that gets done with e-mail. Yeah is that not modifying the packet. It is blocking it and if you think about it from a high level view the packet is modified. It was being sent one second and the next it is destroyed to nothing.
      --
      I smoked pot once. But I DID NOT inhale. Will you hire me?
    8. Re:Comcast by Mr+Z · · Score: 1

      Your analogy is broken. Suppose you rented me a TV and told me it picked up all the off-air stations just fine. Then, I discovered that it wouldn't pick up Channel 62, and I complained to you about this. Later, I discover that not only this TV, but all the TVs you rent refuse to pick up Channel 62. All of them pick up the local Channel 8 network affiliate though, which you just happen to be on very good terms with. After all, it turns out you're getting a share of ad revenue from Channel 8, because you're helping to increase overall viewership.

      I'd say I got slighted. There was a duty of disclosure and a conflict of interest at play. It was your duty to disclose to me that the TV did not pick up Channel 62. Furthermore, your relationship to Channel 8 makes it likely that the inability to pick up Channel 62 is no mere oversight.

      Had I known your televisions wouldn't pick up Channel 62, I would have gotten a TV elsewhere, or demanded a much lower price. Now that I'm locked into a 2 year service contract, though, I'm stuck holding the crap end of the stick.

      Now replace "Channel 62" with "P2P software," "Channel 8" with MPAA and big cable networks, and TV with cable internet service, and "you" with "Comcast," and that's a bit closer to the situation.

      --Joe

      (And yes, Channel 62 / Channel 8 is a reference to UHF...

    9. Re:Comcast by aaronl · · Score: 1

      This is a 100% incorrect analogy. You don't rent anything having to do with data from your ISP... you are purchasing connectivity for a period of time. Your ISP is arranging for you to have a physical line that they can use to deliver that service to you. The ISP owes you the service that you agreed to pay for, and, in this case, Comcast is not providing that service as agreed.

      As a Comcast customer, you are not currently receiving unlimited Internet access, in any way of defining the term. They aren't letting you connect to whatever you want, so they aren't providing unlimited access to Internet sites. You can't transfer arbitrarily large amounts of data, since they have their secret transfer limit. You aren't getting unlimited speed, since they limit you to certain maximum transfer rates.

      Also, you can't put the no-monitor rider into a contract, either. Federal law stipulates certain things, and wiretaps are one of them. That contract term would be void due to a contradictory law.

    10. Re:Comcast by Applekid · · Score: 2, Insightful

      You do not OWN the network you are just renting it. But you're subscribing to an ISP proper, not an ISP* (* some limitations of connectivity and authenticity of traffic apply). Internet traffic comes in all shapes and ports and by blocking certain things and intentionally dicking around with that traffic they are misrepresenting what they're selling. It's even MORE nefarious if you consider that, for high speed, you may not even have a competitor able to pick you up on it.

      Imagine if the mail worked that way. The love letter you send gets altered to read that you hate them and never want to hear from them again. The sorrow filled response asking what they did wrong gets replaced with a directive to go to hell. All is fine because, after all, it's THEIR mail trucks.

      Lets hope these sorts of filtering issues don't ever take a political slant where dissidents' web pages and text get altered in-flight and turn into glowing approvals. (Pro Tip: eventually, if this stuff isn't protected against NOW, it will.)
      --
      More Twoson than Cupertino
    11. Re:Comcast by BlowHole666 · · Score: 1

      Well you could take me to the BBB or you could blame yourself or assuming that you could get Channel 62. I do not purchase an ipod and expect it to play .wma's do i? No I don't, I do some research. If I did buy an ipod I return it and demand my money back. I do not sue Apple because I assumed something that was not stated. Just like with comcast you cancel your service and you tell them why. You sue them to get your money back not because they blocked the content that you assumed would work.

      --
      I smoked pot once. But I DID NOT inhale. Will you hire me?
    12. Re:Comcast by BlowHole666 · · Score: 1

      That is why the US mail, and Telephone calls are protected by federal laws. The mail man can not open your mail. (again all illegal wiretapping crap aside). The internet however is not protected by these laws. While it would be nice if the laws would carry over to the internet sadly they do not.

      --
      I smoked pot once. But I DID NOT inhale. Will you hire me?
    13. Re:Comcast by Clandestine_Blaze · · Score: 1

      What if your cell phone company monitored your phone conversations, and bleeped out words they didn't like? Naw, that could never happen...

      In all seriousness, even though the link I posted to is not the same as the scenario you pointed out, it does show that something similar was flirted with. The only difference being that the law that forbids phone companies from interfering with voice transmissions does not apply to text messages, so Verizon was well within their legal rights, according to legal experts. To their credit, Verizon did reverse their decision later on, but only after a big stink of it was made.

      My point is, every time you think of a "what next?" situation, there will most likely be prior art.
    14. Re:Comcast by mr_josh · · Score: 1

      Amen, brotha. I had Comcast for 7 months after moving to my current apartment (about 14 months ago). My bittorrent performance was always terrible and would spike then drop off for no reason. I tried every network configuration that I could come up with and nothing worked. I assumed either there was something throwing off communication inside my local cable hardware, or Comcast was screwing with things as it passed through their side. I finally switched to a fast DSL connection, and with virtually the same network configuration, my bittorrent performance is awesome. Not only did their internet service suck, their TV cable hardware was crap, too.

    15. Re:Comcast by Mercano · · Score: 1

      Well you could take me to the BBB or you could blame yourself or assuming that you could get Channel 62.

      Go reread the grandparent:

      Suppose you rented me a TV and told me it picked up all the off-air stations just fine. (emphasis mine.) Its kind of taken as read that unless they are specifically selling you high speed part-of-the-internet service, you get the whole thing.
      --
      #include <signature.h>
    16. Re:Comcast by schwinn8 · · Score: 1

      Wrong. My Comcast account (and my Yahoo mail account, and my wife's Hotmail account) ALL send spam email to a junk/spam email folder. This mailbox-sorting is voluntary to the user (not forced upon the user, like the issue at hand) and does nothing to "modify packets"... In fact, I hate it when any company decides FOR me that a certain email is spam. They don't get it right ALL the time, so I need a way to recover from their mistake. In any case, it's not packet modification... period.

    17. Re:Comcast by Mr+Z · · Score: 1

      You missed the part where I said "You told me it picked up all the off-air stations." Comcast goes around screaming "we'll give you gobs of bandwidth!" misrepresenting what it is exactly they're selling.

      If you go into an Apple store and ask "Will it play my Windows files?" and the sales droid say "Yes," you have a right to return it when you discover it doesn't.

      --Joe
    18. Re:Comcast by BlowHole666 · · Score: 1

      we'll give you gobs of bandwidth!
      How is this different then Apple screaming "we play music!"? What is the definition of bandwidth or are you assuming bandwidth includes P2P.
      --
      I smoked pot once. But I DID NOT inhale. Will you hire me?
    19. Re:Comcast by coaxial · · Score: 5, Insightful

      1. Court issued writs and warrants do not requestion permission! You are compelled to comply. There is nothing optional about them.

      2. Property rights are not, and never have been, absolute rights. I can not fill my backyard swimming pool full of radioactive sludge no matter how much I want to.

      3. Comcast is a government blessed monopoly in many cases. Therefore, their behavior is even more limited since they must "act in the public interest."

      4. Comcast likes to enjoy the legal protections of being a "common carrier" (i.e a dumb pipe). This behavior shows that they are not a dumb pipe at all. Once a provider starts manipulating the traffic flowing across their network, they lose common carrier status, and are now responsible for ALL the traffic on their network.

      5. They are forging packets. This is a computer crime. ("knowingly cause[] the transmission of a program, information, code, or command, and as a result of such conduct, intentionally cause[] damage without authorization, to a protected computer", where "damage is "any impairment to the integrity or availability of data, a program, a system, or information." and "loss to 1 or more persons during any 1-year period (and, for purposes of an investigation, prosecution, or other proceeding brought by the United States only, loss resulting from a related course of conduct affecting 1 or more other protected computers) aggregating at least $5,000 in value.") While you may not be able to say that any one computer was "damaged" in excess of $5,000, the entire network was affected, and that is certainly more than $5,000.

      6. They are deciptively advertising their serves as "unlimited" when it clearly is "limited."

      7. While not related here, you should know, that just because a legal "agreement" says something, doesn't make it legal. Case in point: The indemnity clause at ski resorts that say "If our ski lift collapses, you can't sue." Bullshit. You can, as there is a clear public interest in not having deathtrap ski lifts.

    20. Re:Comcast by Shakrai · · Score: 3, Interesting

      and Comcast does have the right to modify traffic on the network they own

      I disagree. I'm paying them to transport my traffic. Granted, I don't have an SLA, but even without an SLA I have the right to expect best-effort delivery. Sending me forged packets to trick my client into dropping connections doesn't seem like "best-effort".

      In lieu of upgrading their network (god forbid they invest some of that money they are making back into the infrastructure), perhaps they should look at some sort of traffic shaping scheme? Prioritize VOIP, ssh, telnet, gaming, etc, etc, packets over large downloads (ftp or http) or bittorrent, which get best effort delivery. That would be fair to everyone concerned and even if they deployed it nationwide it would only come into play on nodes that are overloaded. I've never seen my node overload, probably because I live in a neighborhood full of old people, so for people in neighborhoods like me it wouldn't even come into play. For people in neighborhoods full of script kiddies they'd get better latency on interactive stuff, while the script kiddies wouldn't lose that much bandwidth overall (how much does VOIP or ssh take?).

      Bittorrent is obviously the heavy hitter, but if the service providers think it's their only problem they are going to be rudely surprised in a few years. Recall the story about The Daily Show putting all their archives online? I blew through 600 megs of bandwidth in about half an hour messing around on that site. What will happen when video becomes even more popular then it is today? Will they adopt the Verizon Wireless solution of banning such activity or will they actually (*gasp*) invest in some upgrades?

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    21. Re:Comcast by RKThoadan · · Score: 1

      Actually, some of the anti-spam laws may be the biggest problem for Comcast since they are sending data with false sender information. They can probably legally drop all the traffic they want, but forgery is a much bigger issue.

    22. Re:Comcast by Anonymous Coward · · Score: 0

      Err don't most ISP's put some clause up front that you can't use a non business connection to be a hosting server?

      Using the label P2P to describe the software involved doesn't mean you aren't violating that part of the contract by using bit torrent regardless of if you say it's 'legal' or not.

      This is Slashdot of course, so flame away.

    23. Re:Comcast by Anonymous Coward · · Score: 0

      Comcast does have the right to modify traffic on the network they own.

      What if Comcast just decides not to deliver any of your packets ever? At what point does deliberately not providing the service contracted become a breach of contract? At what point does a contract become so one-sided as to constitute fraud?

    24. Re:Comcast by Anonymous Coward · · Score: 0

      Okay, let's say that they have a congestion algorithm that will drop a P2P packet in favor of a DNS packet. The connection would retry the packet, and everything would be fine - slower, but fine. In fact, dropping packets under congestion conditions can and does happen at various times, and different routers have different rules for doing so. Some are simple (drop ICMP, then UDP, then TCP), others are better.

      However, to intentionally perform a Denial of Service attack via a man-in-the-middle forging of TCP headers is very likely actionable, if not criminal.

    25. Re:Comcast by Anonymous Coward · · Score: 0

      If I hand you a red banana and you weld the hood shut, I can rightfully claim that my 2nd Amendment rights have been infringed and sue the Rand Corporation for reparations.

      That's about as much sense as your stupid analogy makes.

    26. Re:Comcast by Mr+Z · · Score: 1

      There's an important concept in telecommunications: common carrier. When I buy bandwidth, I have a not-unreasonable expectation that I get complete and unbiased Internet access, not "kinda sorta Internet," unless it's specifically marketed to me that way. This is what the whole network neutrality debate is all about.

    27. Re:Comcast by Anonymous Coward · · Score: 0

      Really? Where does it end? Modifying emails because they disapprove of the content? They already are. I'm a comcast subscriber and I've turned off their spam filtering because it gets too many false positives, instead I have all messages delivered and filter them locally myself. Recently the comcast spam filter has started modifying the subject line of mail it considers to be spam by prepending "Spam:" this gets just as many false positives and happens even with spam filtering disabled.

      Adding a field to the header would be fine, but modifying the subject line just sucks.
    28. Re:Comcast by BlowHole666 · · Score: 1

      I thought common carrier only applied to phone companies and phone conversations. Not high speed internet.

      --
      I smoked pot once. But I DID NOT inhale. Will you hire me?
    29. Re:Comcast by theorbtwo · · Score: 1

      Re 5, please read the definition of "protected computer". That only applies to computers owned by the federal government and banks.

    30. Re:Comcast by Jimithing+DMB · · Score: 1

      4. Comcast likes to enjoy the legal protections of being a "common carrier" (i.e a dumb pipe). This behavior shows that they are not a dumb pipe at all. Once a provider starts manipulating the traffic flowing across their network, they lose common carrier status, and are now responsible for ALL the traffic on their network.

      Common carrier is often misinterpreted to mean that the network must allow all traffic. It is more accurately interpreted to mean that the network can't drop your traffic because they don't like what you say.

      So why is Comcast degrading BitTorrent traffic? Some people are saying it's because they're conspiring with the RIAA and the MPAA. Sounds good, but that's not the simplest explanation. A far simpler explanation is that they simply don't have the available bandwidth to support BitTorrent and maintain decent service for their other customers.

      Imagine if we weren't talking about the packet-switched internet but the circuit-switch telephone system. TCP basically creates virtual circuits overtop a packet network. There's still a limit to how much traffic can flow through. Say that I purchase 1000 lines from the phone company. They give me 1000 lines and depending on my call patterns it might be possible for me to use all 1000 lines without tying up all circuits. On the other hand, if I use all 1000 lines in such a way that my traffic ties up all available circuits you can bet that the phone company is going to want to have some words with me Probably those words are going to be something along the lines of: look, you can call whoever you want and say whatever you want, but don't call 1000 people in the same exchange (e.g. neighborhood) at the same time, our network does not handle that. You can slow your calls down, spread them out so that you call 100 people in 10 different exchanges, or do any other number of things. But if you continue to tie up all available lines in one exchange we're going to have to drop your service.

      Do you think in that case that the phone company has violated their common-carrier status? Or do you think that instead they are trying to allocate a limited pool of resources in the most efficient manner?

    31. Re:Comcast by Anonymous Coward · · Score: 0

      Even if they own the networks, I'm not sure I agree that they have the right to falsify packets. This is essentially a denial-of-service attack on a connection between their customer and some other party. Let's hope the outcome of this little debacle is bad enough to keep them honest in the future.

      And yes, this is Comcast, home of the "unlimited but secretly capped" service plan.

    32. Re:Comcast by KlomDark · · Score: 1

      As an ex-owner/chief architect of the first cable modem network in Nebraska (Doesn't that sound like an oxymoron? :) ), I do not believe or support the idea that any internet provider has the right to modify any data packet transmitted over their network by their paying customer. Sure they have the right to modify their own data any way they want, but they most certainly do not have the right to modify data belonging to their customers.

      The only thing I think they have the right to do is throttle the amount of upstream bandwidth available to a customer. I always did that, I don't think any ISP could afford the upstream bandwidth that would be needed if each cable modem on the network uploaded at full speed all the time. That's why almost all consumer-grade data connections download a lot faster than they upload.

      If the router accepts the packet of data from the customer for upstream delivery, then the ISP should do it's best to make sure that data is delivered upstream. (The basics of TCP/IP do not promise delivery)

      But looking at the payload of that packet in order to make a determination on whether to deliver that packet regardless of available bandwidth? That just seems like a good way to piss off your users and not put yourself in a legally actionable position. If there was sufficient competition in the broadband arena (Which there isn't, a large amount of broadband customers have only one provider to choose from, two if they're lucky. Which totally screws any chance of these theoretical 'market forces' from working as those 'free market' folks blabber on about all the time.) then it would quickly drive customers to other providers.

      As far as the unlimited with bandwidth caps, that's pragmatically the way it's always been and always will be. Any ISP that provides symmetrical broadband access for less than $1000/month is going to be out of business in a hurry. It's unlimited in the sense that you can remain connected at all times. It's unlimited in standard web surfing/email activity you can do is just fine. Surf the net 24 hours a day and actually read each page you request, and you'll not find an ISP out there that has a problem with it. But the people out there that think it's acceptable "normal use" to attempt to upload many terabytes per month over their cable modem are going to find that they get an upstream cap pretty quick, or have a really slow (read none) connection to the internet when the ISP goes out of business because they either cannot afford their bandwidth bills or lose all their other customers cause of the one punk with his "it's all about ME!!" attitude wrecked it for everyone else.

      Now we can debate the meaning of the term "unlimited" all day long, but when it comes to the reality of things, everyone knows that it's a shared resource that only works through economies of scale, not that you have a "modem of infinite bandwidth" at your disposal. If you are self-deluded enough to believe that, you're stupid and need to go read about The Tragedy of the Commons - a nice story about how it only takes a few dumbasses who don't grok any difference between 'infinite' and 'finite' to wreck a great shared resource. Nothing's infinite, and nothing's free.

    33. Re:Comcast by DustyShadow · · Score: 4, Funny

      What you've just said is one of the most insanely idiotic things I have ever read. At no point in your rambling, incoherent response were you even close to anything that could be considered a rational thought. Everyone in this thread is now dumber for having listened to it. If I had points, I would mod you down.

    34. Re:Comcast by burndive · · Score: 1

      Not as a common carrier, artificially granted monopoly status, they don't.

      --
      ...because "hacker" sounds way sexier than "code drone."
    35. Re:Comcast by Amouth · · Score: 1

      Telephone lines have common carrier status, so they can't do that. Internet lines were denied the same designation Check the law before you post. You know all that spam blocking that gets done with e-mail. Yeah is that not modifying the packet. It is blocking it and if you think about it from a high level view the packet is modified. It was being sent one second and the next it is destroyed to nothing. what i see is the real problem is two things

      A) they did this without telling the customer - no notices - hell they still deny it (gives people a reason to break contract and go else where - bad biz pratice)

      B) they are intenonaly impersonating users. this is the more serious problems they are in - they are spoofing the source address and in effect commiting Identy Theft - which is a crime.. and if i remember correctly .. they just updated the laws about.
      --
      '...if only "Jumping to a Conclusion" was an event in the Olympics.'
    36. Re:Comcast by BlowHole666 · · Score: 1

      Aww. You bring a tear to my eyes. Did that make you feel better? Maybe you should read the post that follow it explains most of it. I think you are just too set in your ways. You know, everything must be free, the government is out to get everyone, every corporation is just trying to corn hole everyone. But hey you are a slashdot God. My opinion does not conform to yours so I bow down to you. You are correct I was rambling. Thank you for pointing this out to me. What would I have ever done if you were not here to point out what you do not like. I think I would go crazy. DustyShadow thank you. You have helped me keep my sanity for another day. You truly are the slashdot God. All bow down to DustyShadow for he knows all.

      --
      I smoked pot once. But I DID NOT inhale. Will you hire me?
    37. Re:Comcast by Anonymous Coward · · Score: 0

      I think the whole Comcast thing is a big hubub about nothing. Comcast has a right to make sure it's network is fast and usable for a majority of it's users. If a minority are chewing up bandwidth and making things slower for everyone then Comcast, as the owner of the network, has a right to introduce measures to correct the issues. After all they aren't blocking P2P use or throttling it (although some might argue that throttling would be preferable to what they are doing), they are merely delaying Comcast users from sending, not receiving, files over P2P. Now the fact that they broadcast these fake network messages off of their own network is just plain wrong, and the fact that they didn't tell their customers what they were up to was also wrong, but on their network they have a right and responsibility to make sure things are responsive for everyone. Yeah that may suck if you like to chew through the latest day0 warez torrents on ratio sites, but for most people, and most of Comcast's customers, it makes sense.

    38. Re:Comcast by Mr+Z · · Score: 1

      Hence the debate. Who do you think carries most of the Internet backbone links? The phone company. Who came up with T1 (now DS1), T3 (now DS3), ATM and the like? The phone company. How did ISPs connect into NAPs? Over T1s, T3s, and so forth.... provided via the phone company. How did people connect? Via modems, over the telephone line, provided by, you guessed it, the phone company. This sets up a bit of a precedent.

      Now, the Telecommunications Act of 1996 classifies "information providers" (including ISPs) as distinct from "telecommunication providers," and that has proved controversial. This distinction lies at the heart of the network neutrality debate. As recently as 2005, DSL connections had different rules (more along the rules applied to telecommunication providers as opposed to information providers) than cable Internet connections in the US. It's truly a mess.

      ISPs have historically sought at least some protection under common carrier status, insofar as disclaiming liability for the legal infractions of their users. Clearly, all the regulatory undulation over the last 11 years or so has muddied the water.

    39. Re:Comcast by Anonymous Coward · · Score: 0

      Comcast likes to enjoy the legal protections of being a "common carrier" (i.e a dumb pipe).

      ISPs are not and never have been common carriers.

    40. Re:Comcast by Krondor · · Score: 2, Insightful

      While I absolutely hate your circuit switch analogy for TCP, since regardless that the conversation can be considered a stream, it is still packet switched no matter how you look at. I do see your point on common carrier status.

      The issue I take with this is that there are a myriad of ways to handle this problem. Forged packet RST is not the answer. There are plenty of options at their disposal, but they have chosen one that not only spoofs my identity but is very disruptive. What is wrong with response queuing and traditional QoS methods?

      What if it were a protocol less resilient then Bittorrent?

      SIP for example, which I still think Comcast was playing with against Vonage. I know slippery slope is a logical fallacy, but I lose a lot of faith in my carrier when they play man in the middle games with my content. In addition, their refusal to admit to their customers what they are doing is inexcusable. I pay for the service, I should receive notice if they're going to decide to gimp a part of it I actively use (in a legal way).

    41. Re:Comcast by Anonymous Coward · · Score: 0

      You can sign away rights.(HOAs)
      You can not sign away your right to collect damages resulting from gross negligence.
      http://www.lawnerds.com/testyourself/contracts_rules.html

      Attributes of a non enforcable contract
      "Procedural unconscionability ... ...
      Inequality in Bargaining Power

      Evidence of inequality in bargaining power can be shown by ... terms
      unreasonably favorable to other party ... ...
      Substantive unconscionability may be shown by:

      Overly harsh allocation of risks or costs not justified by the
      circumstances."

    42. Re:Comcast by Ron_Fitzgerald · · Score: 1

      Modifying emails because they disapprove of the content? Like removing viruses and spam?
      --
      ~ Ron Fitzgerald
    43. Re:Comcast by Secrity · · Score: 1

      What a fuckin' tool ...

    44. Re:Comcast by JesseMcDonald · · Score: 1, Insightful

      Property rights are not, and never have been, absolute rights. I can not fill my backyard swimming pool full of radioactive sludge no matter how much I want to.

      Why not? Provided you're not violating their absolute property rights by poisioning or irradiating them, I see no reason why you shouldn't be able to store whatever you like in your backyard pool.

      Rights are negative, not positive. They describe what other people can't do to you, not what you can do. The fact that you can't act so as to poison or irradiate your neighbours is an example of absolute property rights, not an exception to them. By the same argument, they can't take action to stop you from filling your pool with radioactive sludge (or whatever) unless you happen to be violating their rights by doing so. This simple principle is the basis for most of the common law.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    45. Re:Comcast by PitaBred · · Score: 1

      On Apple's site they give you a very easy to find listing of what they do and don't support. Once I finally found Comcast's Terms of Use (I had to go to Google to find it), and it basically says Comcast will block anything pretty much if they just feel like it. When they're a monopoly in the area, I'd think that is pretty much a no-no when they're the providers of an important service like the Internet (past dial-up, which isn't a competitor in any way). I think that either a) Comcast should be required to open it's network to competitors, or b) play fairly as a common carrier and just transmit data as they supposedly sell it.

    46. Re:Comcast by PitaBred · · Score: 1

      Yeah, screw those people who use bittorrent to download game demos and patches, or Linux ISO's, or public domain movies, or even *GASP* use Lotus Notes!!! I mean, it's not like they're paying customers or anything...

      And yes, they ARE blocking it, by forging fake packets from their customers. I don't mind them putting the QoS in the basement for bittorrent, but actively falsifying packets is NOT the way to do it, and it's got a good chance of being illegal.

    47. Re:Comcast by Anonymous Coward · · Score: 0

      We have something similar going on with Shaw Cable in Canada. They use traffic shaping all the time and I don't think we're even able to sue them here. Lately, in my area, their service has been going downhill. During prime time (5PM-12PM) it drops to about 1/9th the speed (from 9.2 to about 1 Mbit down). In western Canada you're either stuck with Telus or Shaw for high speed internet. Both of which don't seem to realize the internet is adopting bandwidth intensive applications that aren't all about piracy.

    48. Re:Comcast by DustyShadow · · Score: 1

      I guess you've never seen Billy Madison...

    49. Re:Comcast by UncleTogie · · Score: 1

      WHOOOSH!

      Looks like someone missed the movie reference.....

      --
      Don't tell me to get a life. I'm a gamer; I have LOTS of lives!
    50. Re:Comcast by coaxial · · Score: 1

      While I absolutely hate your circuit switch analogy for TCP, since regardless that the conversation can be considered a stream, it is still packet switched no matter how you look at. I do see your point on common carrier status. "Common carrier" isn't my words. "Common carrier" has been the ISP's claim to prevent being held responsible for everything from being the isp that minors used to look at porn to linking to usenet groups that someone posted child porn in. Of course it's been something that they're keen to embrace and distance themselves from depending on the situation, but the common carrier defense has been around for at least 15 years.

    51. Re:Comcast by coaxial · · Score: 1

      Property rights are not, and never have been, absolute rights. I can not fill my backyard swimming pool full of radioactive sludge no matter how much I want to. Why not? Provided you're not violating their absolute property rights by poisioning or irradiating them, I see no reason why you shouldn't be able to store whatever you like in your backyard pool. Your example that being forced to install sheilding is a sign of absolute property rights doesn't hold up against the history of how property rights have been asserted. In the our radioactive sludge pool owner would say, "No one has any right to force me to install any sort of a radioactive shielding. If they want sheilding, then can put it on their own house. What they want to do with their property is fine by me, but no one can tell me what to do with my property."

      Or to put it more poeticly, "It's all mine, so fuck you."

      That is the absolute position. Absolute rights say the individual trumps the community.

      Your argument that somehow my example was an argument for absolute rights is absurd, because the sludge owner is being forced to do something he doesn't want to do. What you've shown is that no right is an absolute, because inevitably they hit up against one another, and thus they are constrained by competing interests.
    52. Re:Comcast by Anonymous Coward · · Score: 0

      You see the dude's sig? This guy is still trolling 1992 style, we shouldn't hold him to very high standards.

    53. Re:Comcast by Anonymous Coward · · Score: 0

      "While you may not be able to say that any one computer was "damaged" in excess of $5,000, the entire network was affected, and that is certainly more than $5,000."

      Well, with 1 downloaded song supposedly being worth $9250 (see Capitol v Thomas), I think that they can hit this total fairly quickly...

    54. Re:Comcast by Slashdot+Parent · · Score: 1

      I disagree. I'm paying them to transport my traffic. And transport your traffic they did!

      In fact, they even added some extra RST packets at no extra charge! You, sir, owe them a thank-you note!
      --
      They don't grade fathers, but if your daughter's a stripper, you fucked up. --Chris Rock
    55. Re:Comcast by nomadic · · Score: 2, Funny

      I can not fill my backyard swimming pool full of radioactive sludge no matter how much I want to.

      Those commie pinko liberals, always trying to keep a man down...

    56. Re:Comcast by JesseMcDonald · · Score: 1

      Your argument that somehow my example was an argument for absolute rights is absurd, because the sludge owner is being forced to do something he doesn't want to do.

      No, the sludge owner is being prevented from doing something that he wants to do (store his sludge in an unshielded pool) on the basis that it would violate his neighbor's property rights to do so. It makes perfect sense when considered from the point of view of negative rights, and no one is forced to do anything against their will.

      Both positions are absolute, but only the position based on negative rights is self-consistent. The concept of negative property rights has significant precedent, although I will admit that you don't see it much of late; it is often summed up informally with the saying "your right to swing your fist stops at the end of my nose" -- meaning you can act as you wish, provided the property rights of others are respected.

      As you so astutely pointed out, absolute property rights are impossible, because they would conflict with each other in almost every conceivable way. Systems based on positive obligation have the same issue, to a lesser extent. Negative rights, however, are consistent because overlapping limitations (unlike overlapping permissions or obligations) can exist without conflict.

      If you could cite a source for your assertion that people historically argue from the position of positive property rights, I'd be glad to see it. In my experience most people are not fundamentally lawless (the logical conclusion of absolute positive rights is, obviously, that no action can ever be wrong) so I don't think you'll find such a source anywhere.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    57. Re:Comcast by B.Tregare · · Score: 1

      if they were just modifying traffic that would be one thing, but the research done so far indicates that Comcast is fraudulently identifying their reset? packets as coming from the computer you are connected to at the other end.

  3. Just like sharks by moseman · · Score: 0

    once the lawyers sense blood, watch out for the feeding frenzy. And who said lawyers were bottom feeders?

    --
    Those who cannot remember the past are condemned to think "profiling is worse than the slaughter of innocent people..."
  4. It's Working! by Bob9113 · · Score: 4, Funny

    Comcast is 'throwing a spanner in the works of the Internet, hoping that this will somehow reduce bandwidth usage overall.'

    Honestly, I have to give Comcast this point. I was thinking about signing up with Comcast, but now will be going with Copowi instead. That'll save Comcast some bandwidth.

    1. Re:It's Working! by Aladrin · · Score: 2, Informative

      I once had '#1 abuser' title at an ISP and I call tell you this: They don't care.

      They -want- all the heavy users to leave and leave them with only light users that pay full price. It's their dream situation.

      --
      "If you make people think they're thinking, they'll love you; But if you really make them think, they'll hate you." - DM
    2. Re:It's Working! by morgan_greywolf · · Score: 1

      Hmmm...you might want to read up on COPOWI. They claim to be 'COmmunity POWered Internet', and they claim to be trying to 'Save the Internet', offering completely fair service.

      OTOH, it's DSL service, so you're at the mercy of your local telco monopoly, whether you like it or not. They don't offer 'dry' service in my state, and since I refuse to pay Verizon a red cent for anything, I guess I won't be getting service from them anytime soon.

    3. Re:It's Working! by Bob9113 · · Score: 1

      They -want- all the heavy users to leave and leave them with only light users that pay full price. It's their dream situation.

      Aye - but I'm their dream customer. Maybe an hour of SSH a week, maybe two hours of Google Videos a month, normal email volume, an hour of web surfing a day, and a little Warcraft. And I always buy the high bandwidth option. ISPs love me.

    4. Re:It's Working! by Anonymous Coward · · Score: 0

      If he throws that spanner, they'll throw him in the hole (Dire Straits, 1982). But Bicycle Repairman should use his spanner to tighten Comcast's nut.

  5. I don't know by moogied · · Score: 1
    I don't know, I am honestly worried about where that court ruling could take us. Technically speaking they are not "breaking" anything. They are simply crafting and sending out packets. Do we really want a world where our packets can become illegal weapons?

    Think about it, if you are off somewhere, doing "whatever" and you do say ARP posioning to help in your "whatever" you could of just commited a crime! Right now you can say "Screw of cop, its my network you can go to hell." but if we start telling Comcast don't send out these packets, it could be a very slipperly slope.

    The other thing to keep in mind is that we pay Comcast to basically lease time/energy on there networks. I understand that they interchange with other networks, but it is still there networks.

    If anything this is a contract dispute, not the worlds end.

    That being said, I hate the bastards too. Frigen making me go to there office because the last person who had my apartment had late payments.. so I have to take an ID down and a copy of my lease. Assholes. I'll just keep stealing internet from folks near by, and downloading movies. TAKE THAT COMCAST. EAT IT.

    --
    So basically, -1 troll/offtopic is really slashdots way of saying "I hate that you thought of something before me."
    1. Re:I don't know by Midnight+Thunder · · Score: 1

      don't know, I am honestly worried about where that court ruling could take us. Technically speaking they are not "breaking" anything. They are simply crafting and sending out packets. Do we really want a world where our packets can become illegal weapons?

      I believe the issue here is that they are interfering with communications, rather than facilitating it. For me this is analogous to phoning a friend and purposely having the phone hang up by a third-party, even if the third-party runs part of the infrastructure which I am communicating through. The fear is that if they are allowed to do this, what's next. With illegal wire-tapping, by AT&T, and now Comcast interfering with communication, you have to ask yourself what could happen next, if they aren't given a warning shot.

      At the same time I do believe that Comcast, like many ISPs, are in their right to prevent abuse of their networks. The problem here is that they are indiscriminately doing this, whether it is to legitimate P2P users or heavy file sharers. I am not sure what options they have, but the most common is throttling for heavy usage.

      One thing that I would like to see all ISPs encouraged, or even forced, to do is provide a FAQ that puts into layman terms, what the legalise in the contracts is trying to say. These contacts should also be available, for verification, prior to sign-up. Also any 'updated' contracts should hilite what has changed since the previous version - this I believe should be the case for both service agreements and software EULAs.

      --
      Jumpstart the tartan drive.
    2. Re:I don't know by Chandon+Seldon · · Score: 4, Insightful

      Comcast has 1.) advertised full-function internet service 2.) contracted with municipalities to provide that service to residents. Sending out spoofed packets to disrupt users internet usage simply isn't reasonable behavior for a company claiming to provide internet service.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
    3. Re:I don't know by Dunbal · · Score: 1

      Technically speaking they are not "breaking" anything. They are simply crafting and sending out packets.

            So you have no problems with the telephone company changing the words you say on your phone call so that the other party thinks you're saying something else, or the post office opening your letters and changing them for other letters before delivering them, right? Get real, if you say that this isn't "breaking" something, then you are insane. The fundamental job of an ISP is to faithfully transmit the packets to and from your computer. If they ALTER the packets (and even worse, without knowing or caring what's IN the packet - a porn MPEG or a colonoscopy film?), not only are they not doing their job but they should be liable for all damages.

      --
      Seven puppies were harmed during the making of this post.
    4. Re:I don't know by cez · · Score: 1
      ummm... FYI: you can not mod and comment on the same discussion...


      Do we really want a world where our packets can become illegal weapons?


      also, this has been the case for years: DOS attacks. This definition does not take into account what service is being denied. In essence, Comcast is DOS'ing bittorrent protocols, preventing them from funcitoning as intended by sending malignant false packets. Sure they are targeting a protocol with these packets, instead of say a windows box to blue-screen it, or a website to ping it into oblivion. Should they be able to do so? What if it was VOIP protocols under attack?

      --
      Walk with Music;
    5. Re:I don't know by plague3106 · · Score: 1

      I don't know, I am honestly worried about where that court ruling could take us. Technically speaking they are not "breaking" anything. They are simply crafting and sending out packets. Do we really want a world where our packets can become illegal weapons?

      Do you really want a world where I can send packets to interupt a service you are paying for? Where DDOSes are legal?

      Think about it, if you are off somewhere, doing "whatever" and you do say ARP posioning to help in your "whatever" you could of just commited a crime! Right now you can say "Screw of cop, its my network you can go to hell." but if we start telling Comcast don't send out these packets, it could be a very slipperly slope.

      Your right to do "whatever" ends when it interferes with someone else's right to do ligitimate "whatever."

      The other thing to keep in mind is that we pay Comcast to basically lease time/energy on there networks. I understand that they interchange with other networks, but it is still there networks.

      That's what this lawsuit would have to be about; they are violating the contract entered into when you signed up for the service. You can say they have a right to change their network, but they can't without giving you warning and telling you upfront they intend to do so. They also have to let you backout of the contract without penalty. Even a clause saying they can block whatever they want would not be held up; its too vauge, and gives them too much power in the contract.

      If anything this is a contract dispute, not the worlds end.

      If you let big corps screw you, it does become a serious threat to our way of life. Basically you're saying any large entity can do whatever they want, without consequence, and we have to suck it up. Even though the whole idea behind corporations is that they ARE supposed to serve some public good.

      That being said, I hate the bastards too. Frigen making me go to there office because the last person who had my apartment had late payments.. so I have to take an ID down and a copy of my lease. Assholes. I'll just keep stealing internet from folks near by, and downloading movies. TAKE THAT COMCAST. EAT IT.

      However you want to rationalize stealing from your neighbors. Screwing comcast by screwing your neighbors isn't exactly the heroic thing to do...

    6. Re:I don't know by Pantero+Blanco · · Score: 1

      I don't know, I am honestly worried about where that court ruling could take us. Technically speaking they are not "breaking" anything. They are simply crafting and sending out packets. Do we really want a world where our packets can become illegal weapons?
      Think about it, if you are off somewhere, doing "whatever" and you do say ARP posioning to help in your "whatever" you could of just commited a crime! Right now you can say "Screw of cop, its my network you can go to hell." but if we start telling Comcast don't send out these packets, it could be a very slipperly slope.

      That is a completely different issue. This court ruling is (as you mentioned later) over the violation of a contract with users to provide internet access in exchange for a monthly fee. That's considered a big deal. An individual who does this can be prosecuted for fraud and end up in prison. Companies can lose millions in lawsuits and punitive fines.

      It's possible that Comcast has some small print in the contract that allows them to do this; I'm not a Comcast customer, so I don't know for sure. If that's the case, the suit may fail. If there isn't any such clause and the court determines that they have the right to actively filter content in this way, it will become a HUGE deal because other ISPs will most likely start doing it too.

      Also, about that first part... If you deliberately send traffic that interferes with someone's connection to another party, you're already breaking a law in most countries. That has been the case for well over a decade, and it's how DDoSers are prosecuted. An ISP might be able to argue that it's between them and their users (which brings it back into the realm of contract law), but a user who does it across the Internet can't claim that "he isn't breaking anything".
    7. Re:I don't know by cdrguru · · Score: 1

      DDoS is perfectly legal ... in Russia, or Romania or Khazakstan. Lots of places. It is completely legal to extort money from people to keep their business Internet connections safe and secure.

      Haven't you been paying attention?

      Now, if you are an idiot and start your own DDoS attack from inside the US to another US company's connection you are done for. As soon as they track you down and confirm that you are indeed the person using some given IP address. It will take a while (months, probably), but if you are that silly you will likely get caught.

    8. Re:I don't know by cdrguru · · Score: 1

      Yes, they are interfering with communications.

      But the real issue is if they can defend this by saying these are (mostly?) illegal communications that they can be held liable for. Because they certainly do not have any sort of "common carrier" status. They can certainly be held liable for contributing to infringement without much of a stretch at all of current case rulings.

      So anyone that really does sue them may just find out that Comcast is holding a little card that says the local US Attorney's office said "better block, just to be safe".

    9. Re:I don't know by mariushm · · Score: 1

      Please don't put Romania in the same hole with Russia and Khazakstan. Things have changed a lot. There are "hacker wannabees" in all countries, it's not fair to just pick countries out of your ass.

    10. Re:I don't know by Anonymous Coward · · Score: 0

      Boo hoo. Oh noes, someone modded me down. boo hoo hoo.

    11. Re:I don't know by Midnight+Thunder · · Score: 1

      So anyone that really does sue them may just find out that Comcast is holding a little card that says the local US Attorney's office said "better block, just to be safe".

      That's an interesting argument, which certainly sounds plausible. The scary thing, is this is the same argument that ISPs and search engines in China are using to enforce the great firewall of China.

      --
      Jumpstart the tartan drive.
    12. Re:I don't know by scottv67 · · Score: 1

      ummm... FYI: you can not mod and comment on the same discussion...

      True (when you are signed-into your /. account), but you can moderate and then leave a comment as AC.

    13. Re:I don't know by ddimas · · Score: 1
      I don't know, I am honestly worried about where that court ruling could take us. Technically speaking they are not "breaking" anything. They are simply crafting and sending out packets. Do we really want a world where our packets can become illegal weapons?


      You mean like the letters the post office sends in your name cancelling all your subscriptions?


      That is how they are reducing bandwidth, and it's mail fraud.

  6. I hope so. by Naelok · · Score: 1

    In Canada, Rogers Cable has been throttling BT traffic for a while. Hopefully a successful lawsuit in the US would encourage similar action against Rogers up here in the north. What ISP's should be doing is putting down the money to lay down the fibre optic cables needed to keep up with demand. Though I guess doing something like that when you can just covertly attack the customer would make FAR too much sense.

    1. Re:I hope so. by Imagix · · Score: 1

      As has been mentioned in other threads, what Comcast is doing is beyond throttling. Merely QoSing the traffic down is one thing. Comcast is aborting connections by spoofing packets. The only reason this "works" is because BT will go try a different connection. What happens when they decide that FTP transfers are taking up too much bandwith and start aborting those TCP connections (and what happens if the FTP server doesn't support resuming transfers?). Or HTTP. Or SSH. Or whatever.

    2. Re:I hope so. by Anonymous Coward · · Score: 0

      Throttling traffic to manage bandwidth isn't necessarily evil, it just depends on what the contract with the ISP says. It understandable if the ISP didn't anticipate the traffic level, and has to change the Terms of Service to allow for bandwidth management.

      What Comcast is doing though, is deliberately breaking protocol connections, which is way beyond mere resource allocation.

    3. Re:I hope so. by Anonymous Coward · · Score: 0

      what happens if the FTP server doesn't support resuming transfers?
      1990 called and it wants its FTP server back.

    4. Re:I hope so. by tyraen · · Score: 1

      I'm no expert, but sometimes it seems like they may be doing more than throttling. I don't know what the type of filtering Comcast is doing looks like, but when using encrypted BT I find that my entire internet connection is dying. I'm unable to access my router's interface locally either. I don't know what that means but it seemed very different to me.

      Is there a relatively easy check to see if the connection is being tampered with like what Comcast does?

    5. Re:I hope so. by nostrad · · Score: 1

      Sorry, if your router almost dies you should have figured it already...
      The short answer: Your router sucks.
      The long answer: Your router can't manage the several concurrent connections that your BitTorrent client makes (often 100+). It slows to a crawl and so does your internet connection.

      My guess is if you removed the router and put your computer directly on the internet connection most (or all) speed issues would go away.

    6. Re:I hope so. by Anonymous Coward · · Score: 0

      Well, you could be right, but I doubt it. :) Not that my router's anything great, but I had the behaviour only started when I switched from Aliant to Rogers. I even brought down the number of BT connections and my connection was still acting wonky.

      But thanks for jumping to that conclusion so quickly! It would be the natural thing for me to have "figured it already".

    7. Re:I hope so. by Anonymous Coward · · Score: 0

      Check your router settings. My router is a WRT54GL running DDWRT firmware. To download Eclipse, which is legal, I needed to set the maximum ports under IP filter settings to 4096 (the maximum). Additionally, I reduced the timeouts under IP filter settings to 120 seconds.

      I think BitTorrent has the capability of overloading the router by making and breaking connections faster than the router can keep up with.

    8. Re:I hope so. by FireBreath · · Score: 1

      No they really kill your connection up here. I've tried going through 4-5 different routers and gateways, and trying a direct connection to the modem, it's all the same. When Rogers (Canada Cable ISP) detects you're accessing P2P traffic, your entire connection drops down to crap, and you have a hard time connecting to anything. Now I'm no network analyst, but I can tell you that as soon as any computer on my network opens a Torrent, my entire LAN feels like it's connected to dial-up. (Crappy dial-up at that). If it was a simple lowering of the QoS for the torrent traffic, you would assume that everybody beside it would fly by as normal. Unfortunately this isn't the case.

  7. Blah by BlowHole666 · · Score: 0

    Sue them. Then leave them as a customer and go someplace else. I wonder how they will prove this case? I know sometimes with my P2P it can mess up but it was later related to a firewall issue. Or will they request Comcasts' internal documents? If that is the case I bet they are going to just started shredding everything non stop.

    --
    I smoked pot once. But I DID NOT inhale. Will you hire me?
    1. Re:Blah by Chandon+Seldon · · Score: 1

      Then leave them as a customer and go someplace else.

      In most cases the local town or city has contracted with a single cable provider and a single DSL provider. That makes the list of choices very small, and means that it's reasonable to think of Comcast as a contracted public utility rather than a private firm in a competitive market.

      In any case, the correct response to poor behavior by a cable or DSL provider is simply to complain to the city or town. Tell them that the providers are abusing their monopoly, and get them to mandate network neutrality in the next contract. If the provider won't play along, replace them. If no replacement is willing to play, create a public internet utility.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
    2. Re:Blah by BlowHole666 · · Score: 1

      means that it's reasonable to think of Comcast as a contracted public utility rather

      But they are not a public utility. You still have the option of dial up. High speed internet is not a right. It is something people with extra money laying around can purchase. If it was a right then every house would be wired just like the electricity or city water. You can always choose to not have internet.

      In any case, the correct response to poor behavior by a cable or DSL provider is simply to complain to the city or town.

      Yes that is about all you can do.
      --
      I smoked pot once. But I DID NOT inhale. Will you hire me?
    3. Re:Blah by Tuoqui · · Score: 1

      Not that hard to prove they are doing it. Just pull up a packet sniffer and point out all the RST packets.

      Now if they want to say forging packet sniffing data and/or screenshots, etc... is too easy then take that ruling and apply it to every single computer crime case ever.

      --
      09F911029D74E35BD84156C5635688C0
      +2 Troll is Slashdot's way of saying groupthink is confused
    4. Re:Blah by u-235-sentinel · · Score: 1

      In any case, the correct response to poor behavior by a cable or DSL provider is simply to complain to the city or town. Tell them that the providers are abusing their monopoly, and get them to mandate network neutrality in the next contract. If the provider won't play along, replace them. If no replacement is willing to play, create a public internet utility.

      Unfortunately this didn't work with my city council. They have so far ignored the problem so now with the election just weeks away, I'm working with the opposition to get them replaced. I'm calling their opponents and asking them for feedback on what they think should be done. I'm also urging people to contact them. One guy said "you're the third guy today to ask me that question". Asking about Utopia to be built in our city. The word is getting out because the Internet IS important to people. Other countries think so... and they aren't rolling out copper cables. They are rolling fiber!

      Anyway, I'll be in the subcommittee meeting this Thursday talking about Utopia's future. There will be a public comment period where the audience can state anything related to the topic.

      I've never been political.. voted yes but nothing like this before. Hopefully other's in other states will demand services and not this Comcast BS we're seeing.

      --
      Has Comcast disconnected your Internet account? Same here. You can read about it at http://comcastissue.blogspot.com
    5. Re:Blah by Chandon+Seldon · · Score: 1

      But they are not a public utility. You still have the option of dial up. High speed internet is not a right.

      The municipality has given them an exclusive contract to provide a service - just like the electric company and the phone company. Whether high speed internet is "necessary" or not is irrelevant. They're being given exactly the same market benefits as any other utility, so they have all the responsibilities that go along with those advantages - specifically to provide their service at a reasonable quality level and to not exclude any residents from the service.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
    6. Re:Blah by Chandon+Seldon · · Score: 1

      Good job. You're taking the appropriate action to accomplish something on this issue. If more people did that, the world would have less problems.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
  8. Comcast Rebate by CryptoJones · · Score: 2, Funny

    Well, it's not like you could get the three years of crappy service back, right?

    --
    "Chance favors the prepared mind." ~Me
  9. Filtering vs. tampering by Kevin+DeGraaf · · Score: 5, Informative

    This isn't mere filtering (which would be bad enough). This is intentional, specific, active tampering. These TCP RST packets are spoofed forgeries. That's much more evil.

    Passively dropping packets in an attempt to shape traffic or implement some QoS policy is one thing. Actively "jamming" connections is quite another.

    --
    We have more to fear from the bungling of the incompetent than from the machinations of the wicked.
    1. Re:Filtering vs. tampering by The_Angry_Canadian · · Score: 1

      Hell, how am I going to be able to patch my World of Warcraft game tonight /cry

    2. Re:Filtering vs. tampering by Anonymous Coward · · Score: 0

      COMCAST? More like.. CONCAST!

    3. Re:Filtering vs. tampering by LOTHAR,+of+the+Hill · · Score: 1

      I'd take it a step farther and call it fraud.

    4. Re:Filtering vs. tampering by Jimithing+DMB · · Score: 2, Informative

      Spoken like someone with only a limited concept of network equipment. Let's roughly break down filtering techniques into two broad categories:

      1. Physically between the two endpoints
      2. Able to see both endpoints but not stop them from communicating

      Both techniques have their plusses and minuses. In the first case, the filter can literally filter the packets. That is, it simply drops them rather than forwarding them on. The downside is that if the filter machine goes down then the two endpoints cannot communicate. This is a useful technique when you really do want to filter packets. For instance, you generally don't want CIFS/SMB traffic ingress or egress from a private network to the internet. You do not want to allow even one packet to do this.

      In the second case you're usually doing it not for security reasons but to filter traffic. The EFF mentions that the Great Firewall of China uses this technique. How sensationalist. So do a number of other web filters. I know of at least one dating back to like 1997 or so that uses this technique. The idea is that you can effectively block the traffic by forging a RST in both directions. So when your employee goes to playboy.com you can hit both sides with a RST and stop that from happening. This technique has the advantage that if the filter goes down, traffic can still pass because it doesn't pass through the filter.

      Now, here's Comcast's issue. BitTorrent as a protocol is specifically designed to suck up all available bandwidth. The problem is that by necessity it does that to the exclusion of all other traffic which is more well behaved. Although we'd all love to live in a dreamworld where bandwidth is unlimited, reality is different. In reality, there are a lot of people who just want to check their e-mail and browse the web quickly. When their neighbors are running BitTorrent 24/7 they can no longer do this. Increasing the bandwidth does not help because BitTorrent will proceed to soak that up.

      So, the only fix is to stop BitTorrent from sucking up all available bandwidth. That means you need some sort of a filter. Now, you can do it the first way by putting a filter in between the endpoints. The filter could presumably receive the packets then delay sending them for a bit. TCP window sizes are usually only so large so delaying the packets will delay them from reaching the other endpoint which will thus cause ACK messages to be delayed. The problem with this is that you have to have real QoS equipment to get all this done.

      The other method is to realize that while most protocols would be disrupted due to forcibly closing the connection, BitTorrent will not be. The receiving peer will just go hunt for a different peer and the sending peer now has another slot open for a new receiving peer. Thus, closing BitTorrent connections doesn't prevent anyone from using BitTorrent, it just makes it slower.

      That, of course, is reasoned and intelligent debate without stupid emphasis on various words to make the story more sensational. The EFF is ridiculous. Like the ACLU, it's a good idea in principle. In practice both of those organizations aren't protecting anyone's liberties because they aren't having an open discussion about what is and what is not an infringement on one's liberties. They pre-decide what they consider to be infringements then hire armies of lawyers to ram their decisions down everyone else's throat.

      No one, of course, is going to discuss the idea that maybe your neighbor deserves to be able to check his e-mail without you clogging up the connection and that maybe the ISP has the obligation to ensure a good level of service for all of their users. Nope, none of that. Instead we've already decided that blocking any traffic for any reason is bad and is of course just like Chinese censorship and so Comcast must be the devil. Typical group think.

    5. Re:Filtering vs. tampering by Bozdune · · Score: 1

      Hey, how come this isn't modded up? You may or may not agree with the parent poster, but s/he certainly makes some interesting points.

      Nice post, Jimithing, even if I don't agree with your EFF rant...

    6. Re:Filtering vs. tampering by Chibi+Merrow · · Score: 1
      You've already hit on the appropriate solution in your rant there, and it doesn't involve breaking anyone's service.

      The problem with this is that you have to have real QoS equipment to get all this done.
      They just need to invest in the proper equipment for shaping, not randomly close people's connections. Hell, as someone else already pointed out, WoW's patcher uses a BitTorrent derivative. Not being able to grab a 200MB patch because some gremlin is randomly spamming us with RSTs isn't going to make me a happy Comcast customer.
      --
      Maxim: People cannot follow directions.
      Increases in truth directly with the length of time spent explaining them
    7. Re:Filtering vs. tampering by Jimithing+DMB · · Score: 1

      Sure. You're right. They could use proper QoS and no one would know the difference. But in the specific cast of BitTorrent, sending RST to both sides effectively does QoS without really breaking the protocol. BT will simply retry. You will get your 200MB patch, just more slowly.

      The thing I take issue with is the idea that something with basically the same end result is somehow illegal because you are able to observe that it's being done as opposed to real QoS which no one would have noticed except for slower BT connections.

    8. Re:Filtering vs. tampering by Jimithing+DMB · · Score: 1

      I suppose it's not modded up yet since I didn't post it all that long ago.

      As for the EFF rant, I don't mean to demonize them so much as point out that just like any other organization the EFF needs to be watched so that it doesn't do stupid things. Just because the EFF is an electronic liberties watchdog group does not mean that they themselves don't need watching.

      I feel a little bad lumping them in with the ACLU although they sort of do that themselves. The EFF has most of the time avoided favoring one group's liberties over those of another group whereas the ACLU has a track record of doing this. I just want to make sure the EFF stays on the moral high ground.

      Oh, and by the way. I'm a dude, like probably 90% of Slashdot. Besides, your usage of the compound pronoun s/he is really disconcerting to the group of people who are unsure of their sex. Just think, I could have been one of them, how would you have known? For maximum political correctness it's now recommended that you use the compound pronoun s/h/it.

    9. Re:Filtering vs. tampering by Mattintosh · · Score: 1

      Increasing the bandwidth does not help because BitTorrent will proceed to soak that up.

      I'm fairly certain that if I want more bandwidth than what I already have (which BT can soak up to it's heart's content, for all I care), I have to call up my ISP and order a faster connection. I can't just magically take bandwidth from my neighbors.

      Then again, I have DSL. But I thought they had solved the everyone-on-the-same-subnet-sharing-the-same-6-megabits issue with cable back in, say, 2001 or so. So exactly how is it possible to sustain your connection at burst speeds for long periods of time? And where do I sign up?

    10. Re:Filtering vs. tampering by Chibi+Merrow · · Score: 1

      You will get your 200MB patch, just more slowly.
      Honestly the patching process is already so fragile due to problems with interactions between firewalls and what have you that it's already hard to find more than two peers some times. If I was on an ISP that randomly killed the already hard to find connections, that'd be a real problem.

      The thing I take issue with is the idea that something with basically the same end result is somehow illegal because you are able to observe that it's being done as opposed to real QoS which no one would have noticed except for slower BT connections.
      I'm not buying the "it's illegal bit" but I also don't agree that it's quite the same thing. Slowing down delivery of packets and purposely resetting connections are very different. At least in the former the packets DO eventually get delivered. I'm too sleepy to come up with a car analogy right now, sorry...
      --
      Maxim: People cannot follow directions.
      Increases in truth directly with the length of time spent explaining them
    11. Re:Filtering vs. tampering by Kevin+DeGraaf · · Score: 1

      On what basis are you claiming that I have "only a limited concept of network equipment"? I saw nothing in your rant that substantiates this allegation.

      --
      We have more to fear from the bungling of the incompetent than from the machinations of the wicked.
    12. Re:Filtering vs. tampering by AeroIllini · · Score: 1

      No one, of course, is going to discuss the idea that maybe your neighbor deserves to be able to check his e-mail without you clogging up the connection and that maybe the ISP has the obligation to ensure a good level of service for all of their users. Nope, none of that. Instead we've already decided that blocking any traffic for any reason is bad and is of course just like Chinese censorship and so Comcast must be the devil. Typical group think. That's not what most of us think.

      I honestly couldn't give a rat's ass if Comcast limits BitTorrent use, filters anything they want, and generally cuts the balls off my connection. But they better goddamn well tell me ahead of time. And they better have a good reason other than "you filthy pirates are using up our bandwidth!"

      Their advertisement states "You will get X Mbps of Unlimited Bandwidth!" When I don't get X Mbps of unlimited bandwidth, but instead get less because Comcast can't handle so many concurrent connections using up all X Mbps, then that's not my problem, it's Comcast's problem. They oversold. Boo-friggin'-hoo. (Truth-in-advertising laws make this illegal in most jurisdictions.)

      Additionally, Comcast is a state-sponsored monopoly in most areas, and is trusted with promoting public good. Limiting people's connections on a whim instead of addressing the root problem (overselling bandwidth) is not in the public's interest.

      Don't promise a certain speed and unlimited download if that's not really the case, and don't avoid monopoly infrastructure improvements to improve your bottom line. It's not breach of contract, and it's not censorship, but it's still illegal.
      --
      For security, the MD5 hash of this message and sig is 09f911029d74e35bd84156c5635688c0.
    13. Re:Filtering vs. tampering by Anonymous Coward · · Score: 0

      Honestly, while I know bit torrent sucks up traffic... If I can use my computer for bit torrent and email/web browser at the same time, I doubt it sucks up ALL the other bandwidth in my neighborhood.

    14. Re:Filtering vs. tampering by SimonBelmont · · Score: 1

      The downside is that if the filter machine goes down then the two endpoints cannot communicate.

      These two options are a bit of an oversimplification. Why not have a filter with a device that routes around it if it goes down? You can claim that the device is just "part of the filter" and so the same logic applies - but the point is it's a very simple device so it won't go down. It's no more a potential point of failure than any number of other machines I have to go through to get through my ISP.

      So when your employee goes to playboy.com you can hit both sides with a RST and stop that from happening.

      I don't pay my employer to provide internet service. My employer does not have a contract to provide me with such service. Not a good analogy.

      When their neighbors are running BitTorrent 24/7 they can no longer do this. Increasing the bandwidth does not help because BitTorrent will proceed to soak that up.

      Why can't Comcast just throttle my connection if I'm using a lot of bandwidth and choking other connections? Is this any harder than monitoring all packets and seeing that I'm using it in the first place? They own the network, so they can do whatever they want - there's no reason that I should get a share of the bandwidth proportional to the number of connections I have open. Additionally, doing that would be a solution to all bandwidth hogs, not just a stopgap measure to address one specific application.

      Fundamentally, what Comcast is doing is fraud, regardless of why they are doing it and what the end effect is. What you're saying sounds like Comcast is just taking the easy route because they don't want to put in the engineering effort to actually address the concerns you bring up, and more to the point, they're doing so without thinking about the legal ramifications or possible unintended effects (Lotus notes, WoW, and whatever else they're impeding by doing this). Not only that, they're lying about it now. If they are just using a common practice filtering technique mandated by technical considerations to satisfy their obligations to customers, as you suggest, and if they are doing so legally, why the secrecy?

    15. Re:Filtering vs. tampering by Jimithing+DMB · · Score: 1

      The bandwidth limiter is the uplink to the internet, not the link from the headend to your cable modem. No ISP in existence has enough bandwidth from their headend to the rest of the internet to cover every user fully saturating it all the time. That is exactly what BitTorrent does. It is what it is designed to do.

      For instance, they have 10 Gb/s of bandwidth from the headend to the internet. They give each of their customer 10 Mb/s. They have 10,000 customers. That would mean 100,000 Mb/s or 100 Gb/s of potential bandwidth usage if every customer fully saturated his link. The only common protocol that does that is BitTorrent. When you saturate your connection with BitTorrent you can and do take bandwidth away from other customers. It is no longer available for them to use.

      For comparison, a T1 with guaranteed bandwidth of a meager 1.544 Mbps will run you around a grand a month. You pay $40/mo. Unlimited usage is not guaranteed bandwidth. The ISP has the capability and the legal right to throttle your traffic. It's in your contract and god help us if the courts ever override that. The only issue here is that Comcast is doing it with TCP RST packets instead of more traditional QoS techniques. Most protocols would balk at having their connections closed, but BT retries meaning that the TCP RST technique which would ordinarily be denial of service to other protocols is merely a clever way to implement quality of service.

    16. Re:Filtering vs. tampering by RobertLTux · · Score: 1

      okay here is a a funny thought if a given "black box" can support a total of 500mbs to a set of customers then why do companies sell "unlimited 20mbs download" to 50 different folks. if i am being charged for X speed then i should be able to say 80% of the time download at that speed.

      Over selling the lines should be a felony.

      --
      Any person using FTFY or editing my postings agrees to a US$50.00 charge
    17. Re:Filtering vs. tampering by Jimithing+DMB · · Score: 1

      I understood your original message to mean you believed that QoS and tampering were two different and mutually exclusive things. You seemed to fail to realize was that Comcast is doing QoS by sending RST to both ends of the BitTorrent connections.

      On the other hand, maybe you did understand that what Comcast is doing is poor-man's QoS and you simply object to their implementation. In which case you should have just said so. I have a feeling though that you didn't understand it at all and hopefully if you read my message you do now. That's why I said I thought you had a limited concept of network equipment. Several popular filtering programs do exactly what Comcast is doing. Including, most notably, the Great Firewall of China. But believe me, the Chinese government didn't invent that technique.

      What the EFF article is trying to do is state that because the same technical implementation is being used (sending TCP RST to both sides) that what Comcast is doing is morally equivalent to what China is doing. If you believe that, I've got a bridge to sell you.

    18. Re:Filtering vs. tampering by Jimithing+DMB · · Score: 1

      I honestly couldn't give a rat's ass if Comcast limits BitTorrent use, filters anything they want, and generally cuts the balls off my connection. But they better goddamn well tell me ahead of time. And they better have a good reason other than "you filthy pirates are using up our bandwidth!"

      They do tell you ahead of time. It's in the fine print. Don't blame Comcast because you failed to read it. Your unlimited connection is still unlimited but it is not guaranteed bandwidth. That's available and if you want it you can pay 10 to 20 times what you pay Comcast to get it.

      It's usually not even in the real fine print. Normally it's one simple asterisk and a phrase like "Speeds not guaranteed." That's not false advertising, particularly when they specifically mention it in the ad!

    19. Re:Filtering vs. tampering by Stray7Xi · · Score: 1

      While what you said is true, its not even close to the full story.

      IDS are placed on the segment but not actually physically between the two endpoints. Reactive IDS are able to change filtering rules on routers/firewalls. Granted the connection will likely already be formed, but there's nothing stopping them from placing a temporary filter for the offending IP (port as well?). They should also generate an ICMP message to say the traffic was not delivered: ICMP 3 (destination unreachable) Code 13 (Communication administratively prohibited).

      Not only is sending forged RST's rude, immoral (possibly illegal?) but its also ineffective. It's possible for clients to ignore RST's and to continue to send traffic despite Comcast's efforts.

      If Comcast really wanted to make a fair way to shaping traffic there is a scheme that would allow the network to remain robust. Comcast already uses "Powerboost" if your connection is idle you get some excess bandwidth to download a file quicker. Satellite providers already do something similar as well under Fair Usage Policy. So this is what Comcast needs to do: the more bandwidth you consume causes your bandwidth to go down slowly, it recovers at a certain rate as well. As long as there is bandwidth available though its all used, this is only implemented when the line is loaded.

      They need to attack the problem at hand, the amount of bandwidth used, not side effects. If someone is drinking to much and you want to slow them down, you don't just say "No more rum for you" or they'll just drink tequila. You also don't say they can have 100 beers a month, because they can abuse it by drinking them all in one night.

    20. Re:Filtering vs. tampering by plasmacutter · · Score: 1

      The other method is to realize that while most protocols would be disrupted due to forcibly closing the connection, BitTorrent will not be. The receiving peer will just go hunt for a different peer and the sending peer now has another slot open for a new receiving peer.


      oh i disagree.
      In torrents with small swarms (2, maybe 4 peers) this will totally wreck your day and then some.
      There is nothing more frustrating than a torrent stuck at 99% when you see 2 seeds.
      --
      VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
    21. Re:Filtering vs. tampering by PitaBred · · Score: 1

      Sounds like they need to either charge more and get fewer subscribers, or not advertise it as "unlimited" then. The failure of their business assumptions doesn't mean they get a free pass to do whatever the hell they feel like.

    22. Re:Filtering vs. tampering by rtechie · · Score: 1

      Now, here's Comcast's issue. BitTorrent as a protocol is specifically designed to suck up all available bandwidth. The problem is that by necessity it does that to the exclusion of all other traffic which is more well behaved. Although we'd all love to live in a dreamworld where bandwidth is unlimited, reality is different. In reality, there are a lot of people who just want to check their e-mail and browse the web quickly. When their neighbors are running BitTorrent 24/7 they can no longer do this. Increasing the bandwidth does not help because BitTorrent will proceed to soak that up.

      Nobody gets cable internet to check email. This isn't 1999.

      Have you ever worked in an ISP? If you did, you would know that "bad" traffic has ALWAYS made up the majority of traffic going through ISPs. Before bittorrent it was other P2P, like Kazaa and Napster, before P2P it was Usenet, FTP, and IRC. Right now the majority of the web traffic flowing through most ISPs is STILL porn. What about streaming media like YouTube or online games like World of Warcraft? They eat up shitloads of bandwidth as well. Think nobody is interested in that?

      My sympathy for Comcast is limited. The actual problem is that Comcast is wildly OVERSUBSCRIBED on the upstream bandwidth. And they want to make money selling services on top of their ISP fees (like VoIP and TV on Demand) that eat up even more of that oversubscribed bandwidth. In order to do this, they basically want to DoS all other traffic going through their network. This is what "net neutrality" is all about, and why the GOOD PEOPLE like EFF are pushing for it.

      So, the only fix is to stop BitTorrent from sucking up all available bandwidth. That means you need some sort of a filter. Now, you can do it the first way by putting a filter in between the endpoints. The filter could presumably receive the packets then delay sending them for a bit. TCP window sizes are usually only so large so delaying the packets will delay them from reaching the other endpoint which will thus cause ACK messages to be delayed. The problem with this is that you have to have real QoS equipment to get all this done.

      And why shouldn't they buy real QoS equipment? They're using this TCP RST crap because Sandvine underbid the people selling REAL QoS equipment. It's not like it's that difficult, I know that most ISPs already prioritize SMTP, VPN, and VoIP traffic. Comcast makes billions, they shouldn't be so cheap.

      The other method is to realize that while most protocols would be disrupted due to forcibly closing the connection, BitTorrent will not be. The receiving peer will just go hunt for a different peer and the sending peer now has another slot open for a new receiving peer. Thus, closing BitTorrent connections doesn't prevent anyone from using BitTorrent, it just makes it slower.

      No, it's BLOCKING. It's the definition of blocking. Just because the client can retry doesn't mean it's not blocking. If the Sandvine worked perfectly it WOULD block all Bittorrent traffic. It's only because of performance problems on the Sandvine boxes that any BT traffic works properly at all. I should also note that the Sandvine is sloppy and blocks lots of stuff in addition to Bittorrent, like Gnutella, eDonkey, Kazaa, Lotus Notes, apparently iChat, etc. Since Comcast refuses to admit they're using it, customers can't complain about it to customer support.

      Comcast's sloppy use of TCP RST is going to hurt everyone in the long run as the P2P people start making clients that completely break the RFCs and shim the network stack to forge their own packets. Eventually people will start DoS'ing the Sandvine boxes, I've already figured out how to do it. Comcast WILL lose this arms race.

      That, of course, is reasoned and intelligent debate without stupid emphasis on various words to make the story more sensational. The EFF is ridiculous. Like the ACLU, it's a good idea in principle. In practice both of those organizations aren't prot

    23. Re:Filtering vs. tampering by Mattintosh · · Score: 1

      That would mean 100,000 Mb/s or 100 Gb/s of potential bandwidth usage if every customer fully saturated his link. The only common protocol that does that is BitTorrent. When you saturate your connection with BitTorrent you can and do take bandwidth away from other customers.

      You're forgetting that if all 10,000 users used BitTorrent, there's a high likelihood that a good portion of that 100Gb/s would be internal to the ISP's network and would never breach the internet gateway. In fact, BitTorrent will favor connections like that, since they more capably produce the desired result (shared file segments, faster, with less latency introduced into other connections).

      Bottom line: BitTorrent is a tool to achieve a result, and it does its own QoS shaping. ISP's like Comcast want to do different QoS shaping and break BitTorrent in the process. I say to hell with the jackass ISP. They're supposed to be selling a functioning service, and if that means throttling, fine. But if that means flat out banning a particular tool, they can meet with my lawyer.

    24. Re:Filtering vs. tampering by Agripa · · Score: 1

      The other method is to realize that while most protocols would be disrupted due to forcibly closing the connection, BitTorrent will not be.

      Does anything preclude the use of a forged ICMP Source Quench packets? If the endpoints are filtering these out to avoid shaping then they will likely be able to filter forged RST packets as well anyway and perhaps it would be better to cooperate with the user in rectifying the situation for all involved.

      That, of course, is reasoned and intelligent debate without stupid emphasis on various words to make the story more sensational. The EFF is ridiculous. Like the ACLU, it's a good idea in principle. In practice both of those organizations aren't protecting anyone's liberties because they aren't having an open discussion about what is and what is not an infringement on one's liberties. They pre-decide what they consider to be infringements then hire armies of lawyers to ram their decisions down everyone else's throat.

      I might believe this if Comcast had been transparent in what they are attempting. By using forged RST packets to drop connections instead of using ICMP Source Quench or other means while simultaneously playing the deny game, I find it very difficult to trust anything they say and I find their motives questionable.

    25. Re:Filtering vs. tampering by TooMuchToDo · · Score: 1

      Just because you disagree with a business model doesn't mean it should be a felony. You don't like it? Pay $500/month for a T1 and get your guaranteed 1.544Mb/s.

    26. Re:Filtering vs. tampering by Jimithing+DMB · · Score: 1

      The advertisements typically say "Speeds may vary." Often times this is not only written at the bottom (in the fine print) but also spoken at the end of the advertisement.

      I hate to break it to you, but Comcast didn't invent "overselling" bandwidth. It's a standard part of ISP operations and has been since their inception. Do you really think back in the old days that one 1.544 Mbps T1 had any chance of saturating a pool of 100 28.8k modems?

      Of course, you're probably too young to even know this and I almost cringe saying that because I'm not that old (not even 30 yet).

      Have you ever wondered why a T1 often costs $500 or more? Granted some of it is stupid phone company overhead but a lot of it has to do with things like 99.999% uptime guarantees including bandwidth guarantees. That is, you are guaranteed to be able to saturate your 1.544 Mbps all the time. If you are not able to do that, then you're considered to be experiencing down time. If that happens, you get a credit.

      Of course, you started out paying 5 to 10 times as much so the credit isn't to save you money but intended to be a slap on the wrist that the T1 provider gives itself for screwing up.

    27. Re:Filtering vs. tampering by Jimithing+DMB · · Score: 1

      Not only is sending forged RST's rude, immoral (possibly illegal?) but its also ineffective. It's possible for clients to ignore RST's and to continue to send traffic despite Comcast's efforts.

      Well, no shit. I didn't claim it was a superb technique they were using, merely a clever hack and not an uncommon one (I've seen it before). That said, I'm not about ready to call it immoral or illegal. They have every right to implement QoS on their network and if the cheapest way to do that at this point in time is to depend on BitTorrent-specific behavior (since BitTorrent is currently the largest if not only offender) then I don't see what is wrong with it.

      The real story here is the EFF gathering an army of lawyers and the mob here on slashdot complaining that they simply can't believe that their unlimited connection doesn't allow them to fully saturate it 100% of the time.

    28. Re:Filtering vs. tampering by Jimithing+DMB · · Score: 1

      Unlimited internet since the days of dial-up has always meant that you would not be charged usage fees aside from the flat monthly rate. It has never meant that you could fully saturate your bandwidth 100% of the time. No ISP could even approach profitability if they guaranteed that at the current price levels.

      If you want it though, it's available. Simply pay about 5 to 10 times as much for 5 to 10 times less bandwidth and you can have it. It's called a guaranteed bandwidth, guaranteed uptime T1 line.

    29. Re:Filtering vs. tampering by Jimithing+DMB · · Score: 1

      Nobody gets cable internet to check email. This isn't 1999.

      What the hell are you talking about? My parents have cable internet and about all they do is check email and browse the web. Every so often my dad's PC or my mom's Mac will need some software updates. That's about it.

      I hardly use my connection any more than that myself. Mostly email and web browsing and downloading of the latest Apple seeds. LEGALLY I might add since I'm an ADC member.

      Have you ever worked in an ISP? If you did, you would know that "bad" traffic has ALWAYS made up the majority of traffic going through ISPs. Before bittorrent it was other P2P, like Kazaa and Napster, before P2P it was Usenet, FTP, and IRC. Right now the majority of the web traffic flowing through most ISPs is STILL porn. What about streaming media like YouTube or online games like World of Warcraft? They eat up shitloads of bandwidth as well. Think nobody is interested in that?

      Duh. I've not worked for an ISP myself but have known several people who have. I also used to be on the opposite end of that equation. No surprise really since home dial-up with mom and pop ISPs really grew out of the BBS scene. I mean, some people, myself included, liked and used Fidonet but we all know the real reason people used BBSes.

      And why shouldn't they buy real QoS equipment? They're using this TCP RST crap because Sandvine underbid the people selling REAL QoS equipment. It's not like it's that difficult, I know that most ISPs already prioritize SMTP, VPN, and VoIP traffic. Comcast makes billions, they shouldn't be so cheap.

      Ah hah! Mystery solved. I suspected it was a cheap wanna-be QoS since I'd seen the technique in several cheap wanna-be filters. That doesn't make it illegal or even necessarily wrong, just dumb. There's really no need to sue Comcast over it. At some point (sooner rather than later) they'll figure it out and they'll have to trash all of those "cheap" Sandvine boxes and buy real QoS equipment. That will cost them more than if they'd have done it right in the first place. Which is fine by me, let the market sort it out.

      What amazes me most about Comcast is that it seems no one gets a cable modem from them for any less than $60/mo. Cox (Hampton Roads) charges $40/mo and I see none of this stupidness. I assure you though that BitTorrent is indeed throttled, apparently properly. I can download the latest Fedora spin from a nearby university far faster than I can get it via BitTorrent.

      Then again, Cox is a huge player in the local communications market. They don't just do cable but also T1s and a number of other things that would traditionally only be available from the local baby bell. Clearly they made a smart business decision to diversify into general telecommunications.

      You've been watching too much Bill O'Reilly. Go to their web sites and read their case records and tell me if you disagree with the vast majority of cases they pursue.

      I disagree with the vast majority of cases they (the ACLU) pursue. Why? Because unlike civilized rational people who attempt to resolve their differences, they immediately bring out the heavy artillery (i.e. the lawyers). That means that instead of trying to understand the opposing viewpoint they have decided that their viewpoint is the correct one and that the opposing viewpoint is wrong. That is the nature of the court system. One side or the other is declared the winner. Everybody loses.

      There is no more perfect example of this than the one we're discussing right now except this time it's the EFF instead of the ACLU. Apparently, the EFF has decided that issuing protocol control commands like Comcast is doing should not be legal. I'll agree with you it's a dumb way to do things, and I'll bet you're right that it was a perceived cost-cutting measure. But that doesn't mean it requires a court fight. The EFF is twisting facts and likening Comcast's actions to those of the Chinese government. Aside from the technical similarity, there is no comparison.

    30. Re:Filtering vs. tampering by Jimithing+DMB · · Score: 1

      Bottom line: BitTorrent is a tool to achieve a result, and it does its own QoS shaping. ISP's like Comcast want to do different QoS shaping and break BitTorrent in the process. I say to hell with the jackass ISP. They're supposed to be selling a functioning service, and if that means throttling, fine. But if that means flat out banning a particular tool, they can meet with my lawyer.

      Why do you pay them for service then? Why not just, oh, I dunno, try DSL? Satellite internet? Nothing like that available? Shit, if Comcast is doing such a bad job it ought to be cake to compete with them, you ought to try starting your own ISP! Figure out the costs and take it to several VCs. One of them will bite if there's any chance a buck can be made.

      That would of course make way too much sense. It's so much better if the lawyers are immediately called in to action.

    31. Re:Filtering vs. tampering by Jimithing+DMB · · Score: 1

      I might believe this if Comcast had been transparent in what they are attempting. By using forged RST packets to drop connections instead of using ICMP Source Quench or other means while simultaneously playing the deny game, I find it very difficult to trust anything they say and I find their motives questionable.

      Some other poster pointed out that they apparently use some off the shelf cheap and shitty wanna-be QoS boxes. I think their motive was not to pay more than necessary to implement the QoS needed to keep their network running smoothly. Unfortunately, they paid a little less than necessary and so now they pay the price for being a little too cheap.

      I still don't think they deserve legal action against them. If I were Comcast I'd right now be working to implement a real QoS solution and I'd be asking for a refund from the company that makes these boxes. If I were on Comcast's board of directors I'd be wanting to know who approved the cheap solution and I'd be wanting to see procedures put in place so that such a mistake does not happen again.

    32. Re:Filtering vs. tampering by Kevin+DeGraaf · · Score: 1

      On the other hand, maybe you did understand that what Comcast is doing is poor-man's QoS and you simply object to their implementation. In which case you should have just said so.

      I was simply arguing against the misleading use of the term "filtering" to describe Comcast's actions and pointing out that they are instead actively messing with end-to-end TCP connections by forging resets.

      I don't know whether Comcast's true motives are QoS, collusion with the RIAA/MPAA, or something else entirely, but that makes no difference; they are configuring their equipment to actively interfere with their customers' connections, and IMHO, that's just plain Not Cool (TM), regardless of their motivations or the fact that other groups do this as well.

      Perhaps I didn't make myself completely clear, but it was a quick off-the-cuff rant, not a rigorous technical treatise. Had I known that someone was going to question my competence, I would have taken more time to compose my post...

      --
      We have more to fear from the bungling of the incompetent than from the machinations of the wicked.
    33. Re:Filtering vs. tampering by doctorcisco · · Score: 1

      There is another side to this. Breaking TCP is, indeed, evil. But consider this:

      1) Comcast's TOS forbids operating a server of any kind on the network.
      2) A bittorrent client is acting as a server when it's uploading data.
      3) They have not used technical means to enforce this ban.
      4) They are fully within their contractual rights if they simply filter all inbound SYN's to their customers.

      Is it good for them to spoof RST's? No. Does it have less impact on their users than simply firewalling all inbound SYN packets? Probably. Are the users running P2P on Comcast breaking their TOS? Yes, they are. Does someone breaking the TOS have legal standing to file a lawsuit? IANAL.

      doc

    34. Re:Filtering vs. tampering by Jimithing+DMB · · Score: 1

      My apologies. I still disagree with the assertion that actively sending RST is not a legitimate way to filter. A lot of filter products have used it for a long time. It's not the best practice but it's reasonably standard. Certainly not illegal IMO.

    35. Re:Filtering vs. tampering by rtechie · · Score: 1

      Ah hah! Mystery solved. I suspected it was a cheap wanna-be QoS since I'd seen the technique in several cheap wanna-be filters. I should note that I'm just guessing here. But I know the Sandvine boxes are basically Linux servers running filtering tools. The packet spoofing they're doing is considerably cheaper in terms of CPU and IO time than deep packet inspection, so I presume that the Sandvine boxes are cheaper that other QoS solutions that use deep packet inspection.

      Basically what the Sandvine does is look to see if a given IP is making too many TCP connections within a given timeframe and if so, starts sending TCP RSTs to both ends of the connections till it gets down to it's threshold. So ANYTHING that uses TCP and makes lots of connections will trigger it. This form of traffic shaping is quite crude.

      I disagree with the vast majority of cases they (the ACLU) pursue. Why? Because unlike civilized rational people who attempt to resolve their differences, they immediately bring out the heavy artillery (i.e. the lawyers). This is patently false. Do you REALLY think the ACLU immediately leaps to expensive litigation to resolve civil rights issues, especially give their limited budget? Of course they don't. One thing that makes it seem that way is that most often the ACLU is suing the government, and since the government has UNLIMITED budgets for litigation, they are often very reluctant to negotiate seriously with the ACLU (especially in recent years). Examples would include the warrantless wiretapping program and the abuse of prisoners at Guantanamo Bay, the ACLU had to sue to get ANY information AT ALL. Initially, the government refused to admit the wiretapping program existed or that any prisoners were being kept at Guantanamo Bay.

      That is the nature of the court system. One side or the other is declared the winner. Everybody loses. So we shouldn't have a court system? I don't understand what you're saying here. If one or bother sides are completely intransigent to negotiation, how is dispute resolution supposed to work? How does this apply to criminal law?

    36. Re:Filtering vs. tampering by Jimithing+DMB · · Score: 1

      This is patently false. Do you REALLY think the ACLU immediately leaps to expensive litigation to resolve civil rights issues, especially give their limited budget? Of course they don't. One thing that makes it seem that way is that most often the ACLU is suing the government, and since the government has UNLIMITED budgets for litigation, they are often very reluctant to negotiate seriously with the ACLU (especially in recent years). Examples would include the warrantless wiretapping program and the abuse of prisoners at Guantanamo Bay, the ACLU had to sue to get ANY information AT ALL. Initially, the government refused to admit the wiretapping program existed or that any prisoners were being kept at Guantanamo Bay.

      To be on the ACLU's side on this one you have to first believe that the government listening in on phone calls to or from overseas endpoints or foreign suspected terrorists in the U.S. is a civil liberties issue. I don't happen to believe it is. If I start talking up my plans for crashing planes into the world trade center over the phone with my buddy from Uzbekistan, I really hope I get caught.

      The EFF is in on this one too and has really trumpeted the testimony of a former AT&T engineer about installing equipment to do wiretaps at the exchanges. Their claim is that it could be used to spy on domestic calls between two American citizens, not that it has been. Well, no shit it COULD be used for that. So could a tape recorder attached on the right set of terminals in the old days.

      This guy (and I wish I could think of his name) ought to be tried for treason for revealing this, not trumpeted as a hero.

      That is the nature of the court system. One side or the other is declared the winner. Everybody loses.

      So we shouldn't have a court system? I don't understand what you're saying here. If one or bother sides are completely intransigent to negotiation, how is dispute resolution supposed to work? How does this apply to criminal law?

      Of course we should have a court system. And I suppose you're right, when both sides are intransigent (nice word BTW) then there is no choice but to take it to the courts. And the ACLU is way wrong on a lot of things, especially this wire tapping thing. My civil liberties are not affected if every phone call I make is listened to personally by an FBI agent. And man, I gotta tell you, I would hate to have that guy's job. I don't discuss anything illegal on the phone nor do I discuss information of a sensitive nature. I assume anyone could be listening in, and the government would be the least of my worries.

      Same situation with email. What happens to e-mails if they happen to double-bounce? Oh yeah, they go to the postmaster. What happens when the administrator needs to diagnose why e-mails are failing? He looks in the queue. I've been in the position of having had to read some e-mails. I make a point of not doing it but I imagine the people who run the mail servers at various ISPs wind up in the same situation. If you expect communication that goes over third party infrastructure (e.g. phone lines, internet) to be 100% private, you're an idiot.

    37. Re:Filtering vs. tampering by sjames · · Score: 1

      IANAL! However, I wonder if a reputation based p2p system could get Comcast in a LOT of trouble with people not on Comcast?

      For example, someone seeding Debian Etch on someone else's network. To a Comcast user, they will LOOK like they are deliberatly interfering with the torrent when, in fact, Comcast is spoofing the RST packets.

      They would be better off throttling the connection except that then their customers will realize that the problem is their internet connection.

    38. Re:Filtering vs. tampering by Scudsucker · · Score: 1

      To be on the ACLU's side on this one you have to first believe that the government listening in on phone calls to or from overseas endpoints or foreign suspected terrorists in the U.S. is a civil liberties issue. I don't happen to believe it is.

      Then you're an un-American ankle grabber.

      This guy (and I wish I could think of his name) ought to be tried for treason for revealing this

      And a jackass.

    39. Re:Filtering vs. tampering by sjames · · Score: 1

      It's unfortunate that the market is not very healthy. They should be able to sell bandwidth commits on top of the basic service and KILL the phone company and it's $500 loop charges. Yes, the $500 is mostly for the uptime.

      The problem is there's a big empty in the middle of connectivity offers to the home. I can either buy a T1 with 1 Mbps commit and 5 nines uptime for hundreds /month or I can buy cable/DSL with no commit and more or less 2 nines for $50/month. For the sake of affordability, many home users would tolerate the uptime but prefer to pay $50/Mbps or so for a real bandwidth commit. There is no business reason cable and DSL can't offer that. The real costs in maintaining a network are in the uptime commit rather than the bandwidth. Surely at the rate a broadband ISP buys upstream bandwidth they could offer a profitable real commit to customers at $50/Mbps or so.

      In other words, base=$50/month for the connection, 0 commit burstable to 6Mbps. Base+$50/month ($100)= same connection but with 1Mbps commit burstable to 6Mbps. Once over the invisible limit (that supposedly doesn't exist), cap at 1Mbps for the rest of the month rather than terminate the account. Call it the 1337 d0wn704d3rz package or something.

      On the technical side, they could set that up with a token bucket based packet queue.

      If the broadband market was healthy with a few dozen providers to choose from, packages like that would likely be offered by now.

    40. Re:Filtering vs. tampering by Jimithing+DMB · · Score: 1

      Wow, your intelligent rhetoric really has me shaking in my boots.

      Not only did you resort to name calling ("un-American ankle grabber") but you simply don't have history on your side if you think that communications going to and from the U.S. haven't been monitored. Where this belief comes from, I have no idea, but it's really dangerous.

    41. Re:Filtering vs. tampering by Jimithing+DMB · · Score: 1

      Have you looked into a Comcast business cable modem? At the company I used to work for we replaced a fractional T1 at a satellite office with a Comcast business cable modem. Not only was it at least 10 times faster, I believe it had a minimum bandwidth guarantee roughly equivalent to what we were getting with the frac T1. Uptime was not an issue (really so long as it was up during business hours that's all we needed). I believe it was somewhere around $120/mo.

    42. Re:Filtering vs. tampering by sjames · · Score: 1

      If they're offering that, I can't find it! I just lookd at their business services again. While they do offer static IP and allow servers on business connections, they don't mention a commit anywhere, just the cursed asterisk that says performance will vary and there are no guarantees. perhaps it's not offered in my area.

      If the latter, I don't see why not, it's not like it would require super special equipment.

    43. Re:Filtering vs. tampering by rtechie · · Score: 1

      To be on the ACLU's side on this one you have to first believe that the government listening in on phone calls to or from overseas endpoints or foreign suspected terrorists in the U.S. is a civil liberties issue. I don't happen to believe it is. If I start talking up my plans for crashing planes into the world trade center over the phone with my buddy from Uzbekistan, I really hope I get caught. ... The EFF is in on this one too and has really trumpeted the testimony of a former AT&T engineer about installing equipment to do wiretaps at the exchanges. Their claim is that it could be used to spy on domestic calls between two American citizens, not that it has been. The exact details of the wiretapping program aren't publicly disclosed. This doesn't mean they aren't well known. People in the security industry know what is going on and how it works, and they're pretty pissed.

      You might remember a system a while back called "Carnivore". Carnivore was an email surveillance system integrated into a box that sits "inline" between the mail servers and the routes out to the internet. It does deep inspection on the SMTP transfers (ALL the SMTP transfers) going through the box and searches them for keywords, specific to/from addresses, specific languages, etc. and the n forwards the headers and/or bodies of the "interesting" messages to the NSA. In case it isn't clear, Carnivore would have scanned every single email passing through the major American internet hubs regardless of who sent it or it's nation of origin. Carnivore was specifically banned by Congress, making it a felony to implement it in any way.

      Currently, Carnivore is in service at all of the major American internet hubs, including Quest. It is only PART of the Bush's new surveillance programs, the part I am most familiar with. It is my understanding that a similar system is in place for international calls. ALL international calls are scanned. Work is ongoing on a domestic system than does the same thing, and a system for cellphone traffic. The carriers have quietly been fighting this (due to the expense, mainly).

      This guy (and I wish I could think of his name) ought to be tried for treason for revealing this, not trumpeted as a hero. Mark Klein, and he *IS* a national hero. The President is in direct violation of federal law. There is no one iota of doubt about this.

      My civil liberties are not affected if every phone call I make is listened to personally by an FBI agent. And man, I gotta tell you, I would hate to have that guy's job. You don't seem to know what civil liberties are. If the government who can send people to your house to kill you is listening to everything you say over the phone, you don't honestly believe that has a chilling affect on any dissent against that government? This is how it worked in Soviet Russia. This is the very essence of totalitarianism, the inability to speak freely.

      I don't discuss anything illegal on the phone nor do I discuss information of a sensitive nature. So you don't do any phone or internet banking, or book medical appointments on the phone or internet? You're a lot more paranoid than most people. I'd also argue that you have no idea what is actually illegal.

      I assume anyone could be listening in, and the government would be the least of my worries. Who else do you think is going to send a death squad to your house for saying something they didn't like?

    44. Re:Filtering vs. tampering by Jimithing+DMB · · Score: 1

      I do remember Carnivore. That was like ten years ago in the Clinton administration, was it not? When there was a Republican congress? Seems like partisan politics took precedence over national security. except the roles were reversed from where they are today.

      Congress can pass any law it likes telling the executive branch he can and cannot do something. The executive can choose to ignore it. Pretty simple really. That's where the Court comes in although they only decide whether the president is working within the limits of the constitution.

      This guy (and I wish I could think of his name) ought to be tried for treason for revealing this, not trumpeted as a hero.

      Mark Klein, and he *IS* a national hero. The President is in direct violation of federal law. There is no one iota of doubt about this.

      Sorry, I should be more clear. By his own account he admits to taking part in installing equipment capable of eavesdropping on all conversations. He does not know and he did not state as to whether it was actually used to eavesdrop on domestic conversations. Prior to the advent of electronic switches any phone line could be tapped so long as you knew where to do so which was presumably part of the phone companies records otherwise they'd have a hell of a time keeping their network maintained. Clearly, law enforcement needs to be able to tap phones. When Mohammed Al Foobari comes into the U.S. from Saudi Arabia you can bet that any phone call he makes or receives is recorded. You really want to stop that?

      The only practical way to allow for that is to install equipment capable of tapping any domestic phone conversation. One then hopes that the government only uses it to eavesdrop on suspect foreigners with or without a warrant and/or U.S. citizens so long as a warrant was obtained. But there's no guarantee of that. There can't be. It's not possible to determine. Issuing a subpoena for all records of taps is insane. That would make public way too much information that must be kept secret. It's awfully hard to eavesdrop on the bad guys when the bad guys know you're doing it. And yes, it means the good guys such as you and I can't know reliably whether or not law enforcement is listening to us. Deal with it. One would hope since we're not doing anything illegal and since tapping the phone of every person in the U.S. would be impossible then we have nothing to fear.

      So, keeping that in mind I suppose Klein is pretty much a nobody. I would hope everyone already assumes that law enforcement is capable of listening in on phone conversations. I don't think we really needed Mark Klein to tell us he installed some equipment to do so. So in the end, he didn't really reveal anything that wasn't already assumed to be occurring by any person with half a brain. Still, it would have been nice had he not reminded our foreign enemies that we can and do spy on their phone calls, even if neither endpoint is in the U.S. and even if both endpoints are in the U.S.

      My civil liberties are not affected if every phone call I make is listened to personally by an FBI agent. And man, I gotta tell you, I would hate to have that guy's job.

      You don't seem to know what civil liberties are. If the government who can send people to your house to kill you is listening to everything you say over the phone, you don't honestly believe that has a chilling affect on any dissent against that government? This is how it worked in Soviet Russia. This is the very essence of totalitarianism, the inability to speak freely.

      Excuse me? I know perfectly well what civil liberties are. They are written in quite plain language in the amendments to the constitution. That being said I am aware that the list was not intended to be complete but rather generalizations. I have the right to speak freely, especially against the government. I can even do it publicly where everyone can hear m

    45. Re:Filtering vs. tampering by rtechie · · Score: 1

      The only practical way to allow for that is to install equipment capable of tapping any domestic phone conversation. Totally, absolutely, and completely, wrong. They can do what they did before. Get a warrant, and then call the phone company and have them install an electronic tap. Takes about 24 hours to get the warrant and about 2 minutes for the phone company employee to install the tap (it's basically just a bit of typing at the keyboard).

      However, I do not have the right to develop a plot to kill people. I disagree. The First Amendment guarantees the right to think about doing whatever the hell you want. I can plan to nuke the Pentagon all day. It's actually DOING things that are crimes. I strongly disagree with the concept of "conspiracy" and thought crime.

      The closest amendment to that is the fourth amendment. But that seems to cover only unreasonable search and seizure of items in my home or on my person. Telecommunications is an entirely different story. ... I hardly consider the telephone system to be a private means of communication. To do so flies totally in the face of physical reality. Incorrect. Surveillance is clearly a "search". Postal mail is considered private, the police cannot open your postal mail without a warrant. This clearly flies in the face of "physical reality". They could certainly just go your your postal box and take it. However we have a LEGAL restraint upon their behavior. Telecommunications, internet, etc. are no different conceptually. More means of communication makes is easier from criminals to evade surveillance, but that's just the cost of life in the modern world. I'd like to see you make a serious case that police are becoming LESS effective in the modern world at catching criminals.

      One would hope since we're not doing anything illegal and since tapping the phone of every person in the U.S. would be impossible then we have nothing to fear. That's a naive hope. I am far more concerned about the threat of widespread government surveillance than I am of Jihadis. I also remember back when the far better funded and equipped Commies were going to "get us all" and somehow that never materialized. I fail to see why it is necessary to sacrifice far more civil liberties, and YES being tapped without a warrant violates your civil liberties, to defend against the far smaller and weaker threat of the Jihadis. We also don't have to speculate about this power being abused. It *IS* being abused. And similar powers have been abused by presidents in the past (Nixon).

      When Mohammed Al Foobari comes into the U.S. from Saudi Arabia you can bet that any phone call he makes or receives is recorded. You really want to stop that? If Mohammed Al Foobari actually did something, it should be easy for the government to get a warrant from the FISA court. If he didn't do anything, he shouldn't be tapped. This strikes me as common sense.

    46. Re:Filtering vs. tampering by Jimithing+DMB · · Score: 1

      The only practical way to allow for that is to install equipment capable of tapping any domestic phone conversation.

      Totally, absolutely, and completely, wrong. They can do what they did before. Get a warrant, and then call the phone company and have them install an electronic tap. Takes about 24 hours to get the warrant and about 2 minutes for the phone company employee to install the tap (it's basically just a bit of typing at the keyboard).

      Huh? How do you think an electronic tap works. In order to implement the tap you have to have the equipment to do it. As you say, it takes about 2 minutes for the phone company employee to install the tap. They do that by issuing a couple of commands to their electronic phone switch. What do you think the equipment that Klein installed does?

      By necessity, the equipment has the capability to monitor any conversation.

      When Mohammed Al Foobari comes into the U.S. from Saudi Arabia you can bet that any phone call he makes or receives is recorded. You really want to stop that?

      If Mohammed Al Foobari actually did something, it should be easy for the government to get a warrant from the FISA court. If he didn't do anything, he shouldn't be tapped. This strikes me as common sense.

      The Bush administration's position is that they don't need a warrant to tap calls when one or both endpoints are foreign. If both endpoints are domestic they have the ability to get a warrant for a floating wiretap. That means that when Al Foobari comes into the country law enforcement can get a warrant tied to Al Foobari, not to specific phones that Al Foobari uses. Assuming Al Foobari is being followed by law enforcement, law enforcement can call the phone company and get immediate wiretaps on any phone he could be using.

      So if our suspected terrorist is seen entering a private residence, that residence's phone is immediately monitored. If he's seen using a pay phone, that pay phone is immediately monitored. If he uses the phone at a local coffee shop, it's monitored.

      To me, that only seems sensible. But the discussion has gotten conflated. The Bush administration's failure to obtain a warrant when one or both endpoints lie outside the U.S. has been taken to mean that it is monitoring domestic phone calls without a warrant. That's true only if you use a rather loose version of domestic. The phone company certainly bills you for an international call in that case.

      Separate from that, the installation of equipment capable of providing the floating wiretap service has been taken to mean that the administration is monitoring all domestic phone calls. So some people put these together and claim that the Bush administration is monitoring all domestic phone calls without a warrant.

    47. Re:Filtering vs. tampering by rtechie · · Score: 1

      Huh? How do you think an electronic tap works. In order to implement the tap you have to have the equipment to do it. As you say, it takes about 2 minutes for the phone company employee to install the tap. They do that by issuing a couple of commands to their electronic phone switch. The phone companies are required, by law, to provide tapping equipment to the government. These traps are set up on a per-connection basis. The government has to provide a warrant which indicates specifically which lines/IPs are to be tapped. This is how it worked before Bush's surveillance program(s).

      What do you think the equipment that Klein installed does? Klein didn't install the actual boxes. The boxes that were installed work as I described in earlier posts. They siphon ALL traffic going through them looking for information. No warrants or information about suspects is provided to the carrier.

      If both endpoints are domestic they have the ability to get a warrant for a floating wiretap. That means that when Al Foobari comes into the country law enforcement can get a warrant tied to Al Foobari, not to specific phones that Al Foobari uses. So if our suspected terrorist is seen entering a private residence, that residence's phone is immediately monitored. If he's seen using a pay phone, that pay phone is immediately monitored. If he uses the phone at a local coffee shop, it's monitored. In theory, yes. In practice, no. Logistically, this is difficult to make work because this does not translate to unlimited wiretapping authority. The carriers can, and do, ask for some sort of evidence that Al Foobari is in X house or has an association with X number. Al Foobari goes into a friend's house to make a phone call, in that time the agent has to know he's going in, contact the phone company, arrange the trap, and hope this is all done by the time he makes the call. And then remove the trap when he leaves. This is a PITA.

      It would be much easier for the agents if they blanket authority and just "add" associates of Al Foobari to the wiretapping pool. Foobari might go to Bob's house, so you wiretap Bob. Even better, you can wiretap everyone Al Foobari calls, and then everyone THEY call, etc. to create new suspect lists, etc. This is one of the surveillance powers the President granted the FBI, NSA, etc. in his illegal wiretapping program. This is a power that the FBI, NSA, etc. has specifically requested more than once and that Congress has denied them.

      I honestly don't know whether they are doing this or not. The capabilities are there, but it's both illegal and would require cooperation from the carriers.

      Separate from that, the installation of equipment capable of providing the floating wiretap service has been taken to mean that the administration is monitoring all domestic phone calls. Wrong. The equipment they were installing was NOT part of floating wiretaps, which requires cooperation with the phone providers as described above. In fact, the NSA/FBI does not normally install or monitor such equipment, which has been in place for many years. The recently installed boxes at AT&T etc. are clearly not for floating wiretaps. Just knowing how they are wired (and Stein knew that) will tell you they're wired "inline" to intercept all traffic.

      So some people put these together and claim that the Bush administration is monitoring all domestic phone calls without a warrant. Because they are. The equipment they are installing has that sole purpose. They can't just redesign it on a whim. Of course, you'll have to take my word for that. However, it's the evidence (based on the fact that it's inline mirroring the traffic) that makes it certain this is what they're doing.

      I should also point out that this doesn't work. There are many easy ways to evade this kind of surveillance that I'm sure "the terrorists" are using. The drug dealers (who are the targets of 95% of this surveillance) figured them out a long time ago.

  10. The interesting thing on this by Anonymous Coward · · Score: 0

    is that Comcast will shortly be coming out with their own branded p2p. My understanding is that it is MS's. If we are not going to regulate the monopolies, then they should be de-monopolized, and allow true competition to take hold. Right now, the only difference between china and us is that china is out about how they do things. We wrap ours up in the flag and pretend that there is real competition.

  11. Well hip me up and count me in, jiggly-doo !! by unity100 · · Score: 1

    I love the smell of gunpowder in the morning !!! Nothing straightens the greedy out like a good legal battle !!

    1. Re:Well hip me up and count me in, jiggly-doo !! by Doc+Lazarus · · Score: 1

      Bring on the dogs of war. I'd love to see how Comcast justifies kicking off 'heavy users.' That alone screams volumes, especially with the real lack of bandwidth caps that Comcast notes about and doesn't freely share. I'm not normally a fan of lawyers, but I say bankrupt the company.

  12. It would be nice.... by 8127972 · · Score: 3, Insightful

    ..... If an actual lawyer could comment on the possibility of any sort of lawsuit. While the article does reference this, it isn't clear if this could be done on a federal scale. That leaves the whole issue of a potential class action lawsuit up in the air IMHO.

    Having said that, I hope it scares the crap out of Comcast (and any other ISP dumb enough to try this).

    --
    This is my opinion. To make sure you don't steal it, it's covered by the DMCA.
    1. Re:It would be nice.... by Mad+Dog+Manley · · Score: 1

      Having said that, I hope it scares the crap out of Comcast (and any other ISP dumb enough to try this).

      I hope it scares the crap out of every ISP that promotes high speed internet connections for large file transfers, while manipulating traffic behind the scenes.

      For example, Rogers in Canada which states "Enjoy the next generation of Internet service great for sharing large files and much more", while throttling the P2P services (or any encrypted connection) that are required for the very same as reported here.

  13. Big and Little answers to this by Protonk · · Score: 3, Interesting

    Big question: Can ISP's be considered common carriers? If so, how does that limit their ability to shape traffic? does it at all?

    Little question: Does the packet shaping and interdiction violate the agreement that comcast made with users? does it violate upstream agreements with other providers?

    the big question isn't likely to be solved by this lawsuit. It is the question we want answered, and quickly, but any lawsuit is likely to stem from some violation of contract erms or some misrepresentation in advertising, not the existential question of Comcast's nature as a common or a private carrier.

    The little question might be enlightening, but I doubt it. This policy might have been implemented after consulting the legal depatment and determining that the TOS for Comcast users was draconian and one sided enough to permit this sort of meddling. Alternately, it may have been the result of a business action distinct from legal consulation. Comcast may have been dumb enough to think that their users would be able to notice or test this phenomenon. My money is on a combination of the two notions. comcast probably cleared "packet shaping" in the abstract with legal, but failed to note this wrinkle in the method with them.

    they will probably argue in court that they have the right to provide their definition of QOS to buyers, and this requires that they stop "illegal" traffic. They will presumably go through great pains to paint Bittorrent as illegitimate, and justify their actions on that front. They will also bring up the likely fact that residential broadband users have no uptime/QOS clause in their contracts, a fact that will become much more important than the supposed illegality of traffic.

    That is where the meat will be. What sort of QOS/uptime/bandwidth promises are made internal and external to the contract. Not very fun stuff, but them's the breaks.

    1. Re:Big and Little answers to this by whoever57 · · Score: 1

      Big question: Can ISP's be considered common carriers? If so, how does that limit their ability to shape traffic? does it at all?
      Quick answer: no Cable Internet providers are not common carriers.
      --
      The real "Libtards" are the Libertarians!
    2. Re:Big and Little answers to this by Protonk · · Score: 1

      True, as we construe it today. But our reasoning for calling phone providers common carriers is about as situational as they come. Assuming we continue the regulatory trend, we could see regional monopolies by cable providers (along w/ the rise of Voip and the decline of landline use) that might bring rise to a similar argument made as was made re: AT&T.

    3. Re:Big and Little answers to this by eklitzke · · Score: 1

      Comcast isn't engaging in traffic shaping or some other QoS type thing, they're sending out RSTs to both ends of the connection with forged addresses on the IP packets to terminate the connection completely. While Comcast could surely make an argument that they have the right to provide packet shaping to maximize the capabilities of their network, this is something far more nefarious.

      --
      #include ".signature"
    4. Re:Big and Little answers to this by Protonk · · Score: 1

      I agree with you that this is what is going on. that doesn't mean that the intent is distinct from the of packet shaping. Arguably, if they can argue that they have the right to limit classes and content of traffic, then they can argue that they have a wide variety of means with which to do that.

      I still think they are wrong, for the record, I'm just speculating on how a court case would proceed.

    5. Re:Big and Little answers to this by archen · · Score: 1

      And for that matter I'd at least be FINE with freaking shaping. Sure your connection sucks for bittorrent but it at least works, albeit slow. I mean if something is offered by bittorent only I just can't download it period. Suddenly the utility of the Internet itself is diminished quite a bit by this, especially as this is an arbitrary policy. Maybe they'll block VOIP next unless you use theirs. Maybe they'll decide World of Warcraft users are "too expensive".

    6. Re:Big and Little answers to this by Protonk · · Score: 1

      I don't really see how the line of reasoning you have used leads you to be ok with packet shaping and not okay with interception.

      As I see it, interception is a much more nefarious way to accomplish the same goals, use the bandwidth they way the ISP wants you to, through means OTHER than an agreement between customer and business.

      and I'm NOT ok with that.

    7. Re:Big and Little answers to this by westlake · · Score: 1
      Big question: Can ISP's be considered common carriers?

      No.

      Little question: Does the packet shaping and interdiction violate the agreement that comcast made with users?

      "Terms of service subject to change without notice." If it isn't nailed down in your contract, you have nothing to take into court.

    8. Re:Big and Little answers to this by Intron · · Score: 1

      "Call Comcast for restrictions, minimum requirements, and details about service and prices. Use subject to Comcast High-Speed Internet terms and conditions."

      Most cable companies are very cagey about giving you anything in writing. I've asked mine for conditions and they told me that they didn't have anything to send me but to call support for any questions.

      WTF does "cagey" mean anyway?

      --
      Intron: the portion of DNA which expresses nothing useful.
    9. Re:Big and Little answers to this by Protonk · · Score: 1

      " "Terms of service subject to change without notice." If it isn't nailed down in your contract, you have nothing to take into court."

      Probably not. Certainly the TOS change part has been contested in court heavily here. As for the rest of the argument, please read my post. I don't have a comcast TOS in front of me, but I can bet it doesn't include a promise to never interfere (accidentally or otherwise) with packets.

      What I can say is that a case is liable to include material external to the contract between customers and the company, company emails, advertisements, etc. this would be necessary in order to determine intent, and the scope of business that Comcast was offering and advertising.

      While I think that there is virtue to being pithy, I don't think that this can be boiled down to two sentences.

    10. Re:Big and Little answers to this by Intron · · Score: 1

      That actually would meet the definitions of computer hacking in many states. For example, the PA code is below. (and please don't tell me about the difference between hacking and cracking, I'm just reading the website)

      "A person commits the offense of unlawful use of a computer if he, whether in person, electronically or through the intentional distribution of a computer virus:

            1. accesses, exceeds authorization to access, alters, damages or destroys any computer, computer system, computer network, computer software, computer program or data base or any part thereof, with the intent: to interrupt the normal functioning of an organization or to devise or execute any scheme or artifice to defraud or deceive or control property or services by means of false or fraudulent pretenses, representations or promises;"

      --
      Intron: the portion of DNA which expresses nothing useful.
    11. Re:Big and Little answers to this by PitaBred · · Score: 1

      No one knows, apparently: cagey

  14. Re:I'd just like to say... by Anonymous Coward · · Score: 1

    Dear Isaac,
    Shut up.
    Love,
    AC

  15. The pendulum being forced the other way? by erroneus · · Score: 1

    For quite some time, the swing in favor of "big media" has been moving in some extreme directions where every technology vendor and provider seems to be ruining their own products, services and indeed their businesses in order to pander to "big media." (Technology vendors such as ISPs, Microsoft, various hardware makers come to mind) But now with threats of litigation against one of these technology providers, perhaps the pandering to big media may decrease... and perhaps after that, even the government will stop writing laws for them as well... or even erase some laws while they are at it.

  16. One should hope so by KingSkippus · · Score: 4, Interesting

    Could Comcast be facing a class-action?

    One should hope so. See, here's the deal.

    If I were on Comcast's Internet service, I would be paying for the ability to communicate with other people to accomplish various legal tasks. And if there is anything to learn in the past few days immediately following the release of Gutsy Gibbon, with Ubuntu.com completely hosed as far as I can tell, there are legitimate, much-needed, legal ways to use peer-to-peer services. If this isn't the fundamental reason for signing up with an Internet Service Provider, to be able to communicate with other computers, what is?

    If they had told me up front that they would be resetting peer-to-peer connections, I might be mad, but at least I'd know it up front and could choose to sign up with a service that doesn't do so. If these were technical problems that forced their actions as a resolution, then I might agree that taking necessary action to restore service is a Good Thing. If there really were no legitimate uses for peer-to-peer networks, as the RIAA and MPAA would have everyone believe, then I would still disagree, but at least I would understand.

    As it is, though, none of those things are true. Comcast is still denying that they are deliberately causing connections to fail, in spite of the incontrovertible proof that has been offered, and that only after Comcast said nothing at all to their customers for... well... we don't know how long. As it is, it's not in response to connections being down, it was planned out and implemented while nothing was broken in response to some hypothetical situation that might arise. In fact, in having problems with Lotus Notes, Comcast has actually broken something else that was working before in order to fix a problem that didn't exist to begin with!

    In short, if I were on Comcast's Internet service, I would be paying them to deliver network packets, that's all. At best, Comcast has engaged in an egregious breach of contract by deliberately interfering with my ability to get packets from A to B. At worst, they are guilty of deliberately and secretly impersonating someone they're not, and if I'm not mistaken, that's a crime. They might be lucky if they can get out of this with just a class action lawsuit.

    I'm not on Comcast's Internet service, thank goodness, although I am on AT&T's, and believe me, it's not much better. All of this stupidity just makes me long even more for more competition in this space for something else to come along. I never that I'd see the day when, "We won't interfere with your Internet connection!" would actually become a selling point, yet here we are.

    If I can indulge in a bit of tinfoil-hattishness, it really makes me wonder. The RIAA and MPAA are a huge media creation conglomerate. As mentioned, they hate, HATE, HATE peer-to-peer software, even with all of its legitimate uses. As some of you may know, Comcast is more than just an Internet service provider, they also happen to be the largest media provider company, and they're facing increased competition from telcos and satellite providers. Who wants to bet that Comcast has been either paid off or offered sweet deals on media content in trade for pushing the RIAA's and MPAA's agenda of controlling what applications can and can't be used on the Internet?

    Something to think about...

    1. Re:One should hope so by Volante3192 · · Score: 1

      ...They might be lucky if they can get out of this with just a class action lawsuit.

      While I wish I could share your optimism that a Big Bad will get hit hard, given the track record of class actions against similar Tech Big Bads seem to have no negative effect on the company. (Sony, Microsoft.)

      What would be great is if the threat of charter removal loomed over their head, but IF Comcast got dissolved, how would that affect their monopoly situation? There's no *real* fear. Comcast will still be around.

      It's akin to rooting for the Cubs to get in the Series. You know it won't happen, but you just can't stop trying.

    2. Re:One should hope so by TehZorroness · · Score: 1

      I am on AT&T's, and believe me, it's not much better.
      Nor is Verizon's - Just incase anyone was curious. (They eat packets coming to certian incoming ports to prevent hosting servers. I see this as discrimanatory. A connection to the internet should be a connection to the internet. It shouldn't be a home/enterprise sort of thing. It should sell by the tube, not what passes through the tube.)
    3. Re:One should hope so by profquad · · Score: 4, Insightful

      and could choose to sign up with a service that doesn't do so

      Lucky.
    4. Re:One should hope so by u-235-sentinel · · Score: 1

      In short, if I were on Comcast's Internet service, I would be paying them to deliver network packets, that's all. At best, Comcast has engaged in an egregious breach of contract by deliberately interfering with my ability to get packets from A to B. At worst, they are guilty of deliberately and secretly impersonating someone they're not, and if I'm not mistaken, that's a crime. They might be lucky if they can get out of this with just a class action lawsuit.

      I wonder if this is why they have terminated my Internet account. And other's I've spoken to in my area and out of state. Some have run P2P and other's haven't. But it sounds like more and more may have been running P2P when they were terminated for "using the Internet too much".

      And no, there was no limit. In fact the CSR said they had no service limits in the residential or business plan (I upgraded to business earlier this year). In fact the advertisement even said "Unlimited use for a flat monthly fee". What on earth does unlimited use really mean to these guys?

      Sure makes you wonder if this is the motivation for terminating people's access.

      --
      Has Comcast disconnected your Internet account? Same here. You can read about it at http://comcastissue.blogspot.com
    5. Re:One should hope so by westlake · · Score: 1
      I would be paying for the ability to communicate with other people to accomplish various legal tasks

      Western Union used to print disclaimers on every telegraph form, which is plain English translated to:

      It will get there when it gets there.

      The deferred service - the night letter rates - are cheaper.

      I never thought that I'd see the day when, "We won't interfere with your Internet connection!" would actually become a selling point, yet here we are.

      It has been a selling point from day one.

      But your T1 service is $400/month. Shared residential cable $40/month.

    6. Re:One should hope so by Scutter · · Score: 1

      If they had told me up front that they would be resetting peer-to-peer connections, I might be mad, but at least I'd know it up front and could choose to sign up with a service that doesn't do so.

      While they don't explicitly say that they'll reset connections, their terms of service have always expressly forbidden running servers, and with the rise of P2P apps, that's been included as well. From their terms of service page:

      Prohibited uses include, but are not limited to, using the Service, Customer Equipment, or the Comcast Equipment to:

      xiv. run programs, equipment, or servers from the Premises that provide network content or any other services to anyone outside of your Premises LAN (Local Area Network), also commonly referred to as public services or servers. Examples of prohibited services and servers include, but are not limited to, e-mail, Web hosting, file sharing, and proxy services and servers;

      --

      "Tell me doctor, with all of your defenses, are there any provisions for an attack by killer bees?"
    7. Re:One should hope so by monxrtr · · Score: 0

      xiv. run programs, equipment, or servers from the Premises that provide network content or any other services to anyone outside of your Premises LAN (Local Area Network), also commonly referred to as public services or servers. Examples of prohibited services and servers include, but are not limited to, e-mail, Web hosting, file sharing, and proxy services and servers; VoiP is "file sharing". Comcast offers VoiP service. You aren't viewing any internet content AT ALL, EXCEPT BY COPYING SHARED FILES! You don't physically travel through the "inter-tubes" to look at someone's webpage. If somebody puts some content freely available on a webpage for free download, they are INSTRUCTING that content to be COPIED and displayed by visitors.

      Comcast's "prohibited services" are nothing but unenforceable bunk. And they also forgot to say "Simon says ...".
      --
      "From DNA to P2P, we are all Copycats now. Go Go Copycat Power! Copycat Powers activate! Form of, a Copycat." --monxrtr
  17. Heh... by Otter · · Score: 2, Funny
    If you're one of the aggrieved filesharers and you're willing to submit your hard drive and IP records for discovery, you're either:

    1) The one guy out there actually downloading Creative Commons-licensed Ogg Theora files

    ...or...

    2) A complete idiot

    1. Re:Heh... by icydog · · Score: 2, Insightful

      Right, because nobody downloads Linux distros?

    2. Re:Heh... by Space+cowboy · · Score: 1

      They're doing it for more than just file-sharing. iChat, for example, is suffering. I can no longer video-conference my parents across the Atlantic. At first I just blamed it on bandwidth issues, but it only seems to be a problem when I initiate the connection from a comcast network (home). Others are seeing the same.

      Lotus notes is similarly affected. It seems that if you transmit small bursts of packets, Comcast give you the bandwidth you've paid for. If you start streaming data, or the volume of data goes over some (low, ichat only takes ~30 secs) limit, they attack the connection, injecting fake RST packets to the data-stream at both ends. I've decided to bin comcast. Lower (but reliable) bandwidth is far preferable to me.

      Simon

      --
      Physicists get Hadrons!
    3. Re:Heh... by Anonymous Coward · · Score: 0

      Not to mention upload. That's the selling point of P2P. You don't just download. I'm seeding the Ubuntu Gutsy Gibbon desktop and alternative CDs for example all the time.

      I wish the comcast criminals get sued their pants off!

  18. Unfortunately... by InvisblePinkUnicorn · · Score: 1

    "YAY, I have a tiny chance of receiving $7.32 off my comcast bill in 6 years time!"

    Unfortunately, to get in on the lawsuit, you have to submit an online form - and the cost of sending those few hundred KB of information over a Comcast line will doubtless cancel out that award.

  19. This was The Straw... by fohat · · Score: 4, Interesting

    that broke the internet's back for me. I've already ordered DSL service to replace my current Comcast connection. As soon as it is up and running I'm taking both my cable box and my modem back personally, and explaining that the reason I am cancelling is due to Comcast's complete disregard for customer service in that they constantly lie to their customers about having "unlimited" service as well as messing around with packets they ought not be messing around with.

    Not everyone is so lucky, I read so many posts in other threads saying that Comcast is their only option for broadband. Hopefully that will change for them. I have a friend in a rural area who was able to sign up for sprint wireless broadband, because comcast wont run their cable 20 feet across the road to his house. The only issue with the sprint connection is it is not incredibly reliable, but for the most part his link stays up while he is using it.

    UnFair thee well, Comcast...

    --
    Is there heaven? Is there Hell? Is that a Tuna Melt I smell?-Primus
    1. Re:This was The Straw... by jollyreaper · · Score: 1

      that broke the internet's back for me. I've already ordered DSL service to replace my current Comcast connection. As soon as it is up and running I'm taking both my cable box and my modem back personally, and explaining that the reason I am cancelling is due to Comcast's complete disregard for customer service in that they constantly lie to their customers about having "unlimited" service as well as messing around with packets they ought not be messing around with. Be sure to bring a claw hammer with you.
      --
      Kwisatz Haderach
      Sell the spice to CHOAM
      This Mahdi took Shaddam's Throne
    2. Re:This was The Straw... by aaronl · · Score: 1

      Most of the Sprint EVDO cards have an external antenna connector. It might help out a whole lot for him to try a well placed external... I'm using one of the Pantech PX-500 PCMCIA cards, which aren't even that great. The only reason that I've seen a disconnect is because of signal strength, so far.

    3. Re:This was The Straw... by Tuoqui · · Score: 1

      Or you could try doing a little Hammer Time at Comcast while you're there.

      --
      09F911029D74E35BD84156C5635688C0
      +2 Troll is Slashdot's way of saying groupthink is confused
    4. Re:This was The Straw... by prshaw · · Score: 1

      And I am sure when you explain just why you are disconnecting the service the customer rep sitting there will know exactly what you are talking about.

      They will probably fill in the reason for disconnect as 'unknown - that the person rambles on without speaking english'.

    5. Re:This was The Straw... by not_anne · · Score: 1

      because comcast wont run their cable 20 feet across the road to his house Utilities are generally not allowed to randomly string cable across a road without (sometimes impossible to get) city permits.

      City franchise agreements would be the most likely reason they wouldn't be able to service the house across the street from someone who has the service already. Cities draw the access maps, and the carriers must follow them. The dividing line of who can and cannot get service typically runs down the middle of a street.
      --
      My comments here are my own; I do not speak for my employer.
    6. Re:This was The Straw... by fohat · · Score: 1

      The best part about it is, Comcast sends out those fliers to his house saying he should call them to get service :)

      --
      Is there heaven? Is there Hell? Is that a Tuna Melt I smell?-Primus
    7. Re:This was The Straw... by not_anne · · Score: 1

      Getting an advert in the mail to an address does not guarantee that the service is available. The ad itself more than likely says something like "not available in all areas" or somesuch. Yes, I know it sucks.

      Can you tell that I work in customer service for a cable company? Yep, I do. :-P

      --
      My comments here are my own; I do not speak for my employer.
    8. Re:This was The Straw... by stinerman · · Score: 1

      No shit. My dad gets mail just about weekly from Verizon asking him to try their DSL. The only problem is that they don't offer DSL to his neighborhood.

  20. Network Neutrality whether you like it or not by kabloom · · Score: 1

    It would seem to me that the result from a class action on these grounds would amount to a precedent-setting case in network neutrality, which could be a good thing or a bad thing depending on how the court handles it.

    1. Re:Network Neutrality whether you like it or not by 99BottlesOfBeerInMyF · · Score: 1

      Network neutrality laws, as currently drafted, would forbid discriminating based upon the source or destination of traffic, not based upon the type of traffic. This is often misunderstood, partly because of FUD spread by big network operators. They do not restrict traffic shaping or even completely blocking a given type of traffic.

    2. Re:Network Neutrality whether you like it or not by kabloom · · Score: 1

      Thanks for the explanation.

      Nevertheless, it is a related issue, and when a case like this goes to court, the result may be a judicial decision as to what is fair behavior on the internet (which legislation aims to achieve), but which may not have direct basis in legislation, but may allow for considerably more judicial wiggle room than if there were a basis in legislation.

  21. oh, yeah, they are actively breaking something by swschrad · · Score: 1

    you are sending a request out to site X for pR0n/tunes/elusive high-level research data.

    they are intercepting your request and changing it into asking for used bubble gum.

    not passing the data straight through, for a Data Carrier, is a class-1 Super Sin. now giving a copy to the NSA to sort through and find out if any of your relatives back to Alexander the Shepherd had an axe to grind with the US government is another matter, and under review in many places.

    but horking up your data stream? federal case.

    --
    if this is supposed to be a new economy, how come they still want my old fashioned money?
  22. Pirillo by LordKaT · · Score: 3, Interesting

    Chris Pirillo went on a rant last night on his live stream, and with good reason: Comcast was apparently blocking his legitimate traffic to our Exchange server, as well as traffic to Google and Microsoft Live. We could confirm this much last night on Skype: it was either limited to him or his immediate area. Both Google and the Exchange server were working for us, as well as other Seattle-area Comcast subscribers. The beautiful thing about this? He upgraded to Comcast Business to avoid just this bullshit.

    1. Re:Pirillo by geekoid · · Score: 1

      Another example of why you should stand and fight instead of running away. It will follow you. The sooner you fight the better.

      Could be titled:
      "Man runs away from problems; Later bitten in ass by the same problems."

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  23. Not the point by KingSkippus · · Score: 1

    The point of such a lawsuit is not so much for you to personally profit by $7.32, it is that they will have to pay millions of people $7.32, plus millions of dollars more to very expensive lawyers.

    The point is that after paying so much money for doing something so stupid, they'll be less inclined to do stupid things in the future.

    I hope that this actually happens, so that somewhere, at some time, some executive might realize, "Gosh, it would have been a lot cheaper and more PR-friendly if we had just upgraded our network instead." Also, I hpe that this actually happens so that other Internet service providers sit up and take note.

    1. Re:Not the point by cavemanf16 · · Score: 1

      The point is that after paying so much money for doing something so stupid, they'll be less inclined to do stupid things in the future.
      In theory, yes, but in reality, no. The real point is to knock a tooth or two out of a giant in the industry with expensive, time-wasting resources defending a lawsuit which basically enhances the competition's position in the industry since they are not a part of the expensive legal proceedings. That's probably not a written rule, or maybe not even an intention of the laws that allow class-action lawsuits (IANAL so I don't really know), but it still hurts Comcast. And no, there won't be much learning going on from such lawsuits, but at least Comcast won't get to continue to use their buying power as effectively to squash competitors (including municipalities) who decide to NOT filter the bandwidth they offer to their customers.

      And if such a lawsuit were to be brought and get heard and the little guy wins, then that would be a warning shot over the bow of the other mega-corps like Verizon and AT&T to not overstep their bounds with their anti-net-neutrality schemes. It would be nice to see this go to a class-action lawsuit that begins making its way through the courts just as the net-neutrality legislation is getting discussed... muddy waters are good for the Internet sometimes.

    2. Re:Not the point by jtroutman · · Score: 1

      No, after spending millions of dollars for doing something stupid, they'll increase the monthly price for cable internet access by $10 and recoup their losses.

      --
      I stole this sig from a more creative user.
  24. Hopefully by Bazards · · Score: 1

    Could Comcast be facing a class-action?" Hopefully.
  25. stop overselling by jammindice · · Score: 1

    if they can't handle selling the bandwidth they advertise then they should stop. I personally have comcast too, and when our cable company used to be adelphia (mid maryland) i had no problems, the only downtime in about 7 years was when we had people knocking down the telephone poles or if it was really windy out... now we have comcast my service just drops out randomly for 15-20 minutes at a time, it's rediculous, and for the price, almost $50 a month it's almost not worth it anymore. i have been thinking of converting to dsl for the last 6 months (since the comcast changeover) but it's unfortunately not available.. that's how comcast can get away with this stuff, because not enough people have once choice let alone two choices for broadband services in even semi-rural areas. I would protest with my money if i could but alas i am stuck with comcast so i am for this lawsuit, although it will probably cause other problems, because i don't want them just cutting my traffic off when i pay an arm and a leg every month for it and because i want to use what i pay for.

    --
    - My uid ends in 69...
    1. Re:stop overselling by Anonymous Coward · · Score: 0

      If airlines overbook a flight and you don't get on, they're required to offer compensation. Why not simply require the same from ISPs?

  26. It's not just P2P -- Lotus Notes traffic also! by whoever57 · · Score: 4, Informative
    --
    The real "Libtards" are the Libertarians!
    1. Re:It's not just P2P -- Lotus Notes traffic also! by budgenator · · Score: 1

      Screwing with IBM, not something I'd encourage businesses to do, deep deep pockets and lawyers that eat companies at coffee break like some people eat bagels!

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    2. Re:It's not just P2P -- Lotus Notes traffic also! by wsanders · · Score: 4, Funny

      I'd block Lotus Notes, too. The sooner those people are put out of their misery the better off they'll be.

      --
      Give a man a fish and you have fed him for today. Teach a man to fish, and he'll say "WHERE'S MY FISH, YOU IDIOT?"
    3. Re:It's not just P2P -- Lotus Notes traffic also! by Da_Weasel · · Score: 1

      And what about Time Warner. When I was up in Kenosha, WI this summer every time I started a BT task in my client, my download would start out with normal rates of 50-100k/sec and then after less than a minute they would drop to 2k/sec. At this point my entire internet connection would be throttled back to 2k and I was unable to browse the web at all. A minute or so after stopping the BT task in my client my connection would return to normal.

      Also I have two remote users up there with VoiP phones that connect to our corporate VoiP PBX. They worked perfectly for almost a month and then suddenly stopped working (on the same day) with out explanation. Attempts to use "testmyvoip.com" fail also, so that rules out the our VoiP phones and our VoiP system also. Funny thing is one of the guys phone started partially working last week, but the other guy is still totally out of commission. Even more odd, the guy that cannot get our VoiP phone, or soft phones, or testmyvoip.com to work has a Time Warner VoiP phone that works perfectly.

      I'm so frustrated with the crap from them. No matter how much evidence you present to them illustrating that the problem exist on their side they refuse to investigate.

      --
      If you must!
    4. Re:It's not just P2P -- Lotus Notes traffic also! by Arterion · · Score: 1

      Are you sure it was your ISP's fault? Some BT clients are horrible, and they'll create so many NAT states that a typical consumer firewall will not have the resources to route very well. I've seen it happen at home before, using a Buffalo with DD-WRT. I've seen a similar thing happen with the pfsense box I use at the office when one workstation had some sort of bot on it. I started using uTorrent and limiting the connections it would make, and never had the problem again.

      --
      "That which does not kill us makes us stranger." -Trevor Goodchild
    5. Re:It's not just P2P -- Lotus Notes traffic also! by UbuntuDupe · · Score: 0, Offtopic

      Yes, and what's worse, those knaves are stealing the axles on my horse carriage.

      Hey, as long as it's pretend history day...

    6. Re:It's not just P2P -- Lotus Notes traffic also! by Agripa · · Score: 1

      Some BT clients are horrible, and they'll create so many NAT states that a typical consumer firewall will not have the resources to route very well. I've seen it happen at home before, using a Buffalo with DD-WRT. I've seen a similar thing happen with the pfsense box I use at the office when one workstation had some sort of bot on it.

      A bot managed to overload the state table on FreeBSD based pfsense? I am impressed. Did it crash like a consumer router or just stop creating new states? I have never managed to fill up a BSD based router's state table myself.

  27. I'm not a lawyer, but... by toadlife · · Score: 5, Funny

    ...considering the country that Comcast operates in, I'd say the possibility of a lawsuit is pretty close to 1.

    --
    I don't always use unix-like operating systems; but when I do, I prefer FreeBSD.
    1. Re:I'm not a lawyer, but... by Anonymous Coward · · Score: 0

      infact, it may even be greater than 1!

  28. um by BugAttack · · Score: 0

    i guess i'm to lazy to rtfa or rtf other comments, but i'm downloading the simpsons movie via ktorrent at 500kps, faster than i download anything else. i dunno if this is because of the lawsuit, or whatever, but it seems that comcast is no longer governing bittorrent downloads. or it may be just me.

    --
    My, slashdot, this field I'm typing into has the perfect dimensions!
    1. Re:um by fohat · · Score: 2, Informative

      The issue is not affecting downloads, only seeding.

      --
      Is there heaven? Is there Hell? Is that a Tuna Melt I smell?-Primus
    2. Re:um by BugAttack · · Score: 0

      oh yeah, and i use comcast.

      --
      My, slashdot, this field I'm typing into has the perfect dimensions!
    3. Re:um by BugAttack · · Score: 0

      ok yeah, i see, i'm downloading at 500kps, but i'm uploading at around 5kps. and considering that hundreds of people are leeching this file, it's apparent that comcast is limiting my upload speed. at first i was thinking "give comcast a break", but now i'm thinking "this really needs to stop.... by going faster".

      --
      My, slashdot, this field I'm typing into has the perfect dimensions!
  29. WoW is good for something by faloi · · Score: 1, Funny

    I bet lawyers are salivating. With 9 million subscribers, all of whom are directly or indirectly affected by Comcast's actions, you've got a pretty sizable number of people who might sign on. Granted, all the people in the class action suit will get next to nothing. But the lawyers won't have to worry about paying for their children to eat for a while.

    --
    "It is a miracle that curiosity survives formal education." -Albert Einstein
    1. Re:WoW is good for something by Biff+Stu · · Score: 3, Funny

      ...the lawyers won't have to worry about paying for their children to eat for a while.
      Let me rephrase that for you:
      ...the lawyers won't have to eat their children for a while
    2. Re:WoW is good for something by Raineer · · Score: 1

      It is fascinating that when the world's largest MMORPG chooses to distribute via P2P, one of the largest providers decides to jam that traffic.

      Can't wait for Blizzard's lawyers to get a hold of this! Pleeeease

    3. Re:WoW is good for something by adam.dorsey · · Score: 1

      ...the lawyers won't have to worry about buying children to eat for a while. Even more accurate.
      --
      You are still innocent until proven guilty. What's changed is what they do to innocent people. - notnAP, #26891325
    4. Re:WoW is good for something by TooMuchToDo · · Score: 1

      Wait till Comcast incorporates the price of the legal battle in to their service ;) Welcome to "cost of business".

  30. Comcast will bite the big one by Anonymous Coward · · Score: 0

    This is an outrage I was going to move to Colorado Springs, Now I seriously am wondering if I should, I need my P2P and torrent apps to work. I wonder If this includes all Business hosting solutions becuase that would make more sense than to do it on the residential side. I prefer all business bandwidth to be business related and already most companys are doing something to prevent people from accessing some websites, content, ports and material. America is becomming more communist as we speak. Next it will be filtered at the lec controled by Mr. Bush... We are all just rats in a cage forced to buying songs for .99 cents + a new Tax called the media transaction tax soon to be introduced.

    The Phish

  31. Why does P2P filtering get all the attention? by Starteck81 · · Score: 1

    Comcast has also been killing VPN connections and competing VOIP services for years. I have personally run into a number of clients that are working fine and then all of the sudden they can't VPN in anymore. The common denominator is Comcast.

    I haven't had direct issues with Comcast and 3rd party VOIP but I do have a number of IT buddies that have. The have had to resort to changing ports to non standard ranges in order to get their Vonage working.

    --
    "There are four boxes to be used in defense of liberty: soap, ballot, jury, and ammo. Please use in that order." -Ed H
    1. Re:Why does P2P filtering get all the attention? by Anonymous Coward · · Score: 0

      Ever since Comcast started rolling out their own VOIP service I and everyone else in my neighborhood with Vonage has had serious issues. I went years without any problems, then magically all sorts of weird things start happening that disrupt the VOIP quality. Report the issue to Comcast and all they do is say "oh that is Vonage's fault, they are not as good as our VOIP service which you should sign up for". Yeah right. Dirty tricks, but there is nothing you can do when they are the only broadband provider and they advertise heavily in the local paper who thus doesn't give a shit about investigating. Comcast is like the mafia of ISPs.

    2. Re:Why does P2P filtering get all the attention? by monxrtr · · Score: 0

      Not to mention, Comcast is actively soliciting and offering their own proprietary VoiP service.

      If this is effecting services offered by the likes of Vonage, this might qualify as SABOTAGE, and be risking nine digit number lawsuit penalties (that's hundreds of millions of dollars). You can almost smell all the lawyers scrambling to get class action certification. This has the "Big Payday Bonanza" (TM) of 2008 written all over it.

      Time to dump those Comcast shares.

      --
      "From DNA to P2P, we are all Copycats now. Go Go Copycat Power! Copycat Powers activate! Form of, a Copycat." --monxrtr
  32. Perhaps, if Google were to by zappepcs · · Score: 1

    begin distributing youtube videos via bittorrent, this problem would find a quick resolution?

  33. Comcast may be able to do this by analog_line · · Score: 1

    According to this document at the FCC's website, cable modem service is not subject to common carrier regulation. While I'm no lawyer, and my knowledge of what exactly the regulations surrounding a "interstate information service" are, if any exist, but a lot of the posts here seem to be assuming that they are a common carrier like most other Internet service is, and that's just not the case.

    1. Re:Comcast may be able to do this by Anonymous Coward · · Score: 0

      Common carrier or not, isn't it still fraud to :

      1) Advertise unrestricted Internet service and not deliver it?
      2) Forge and otherwise misrepresent end user's data?

      Hell, is it even still Internet service if they violate RFCs?

    2. Re:Comcast may be able to do this by analog_line · · Score: 1

      1) Advertise unrestricted Internet service and not deliver it?

      I seriously doubt that a judge would consider any Comcast advertising I've seen as an example of Comcast advertising "unrestricted" Internet service. "unlimited" could easily be argued to mean an unlimited amount of traffic, and there would've got a point. Unrestricted is a different thing, and I've never seen any Comcast advertising where they claimed that there are no restrictions on your use of their service.

      2) Forge and otherwise misrepresent end user's data?

      It depends on what the exact legal status of an "interstate information service" is. If it's determined to be the same as if someone allowed you to connect your laptop to a corporate network where there is Internet access, then Comcast would have an awful lot of power to do damn near whatever they want on their network. From wht I've seen, Comcast seems to be taking this position, and the FCC in specifically absolving them of being regulated as a common carrier seems to be taking this position as well.
  34. Lawsuits will have unintended consequences. by tjstork · · Score: 2, Insightful

    1) Lawyers file class action lawsuit that says P2P traffic is being blocked.
    2) Comcast rebuttal says that all the traffic is illegal.
    3) RIAA, the Business Software Alliance, say, "oh ho, you can figure out that this traffic is illegal.. why are you allowing it at all?"
    4) Comcast agrees to halt all "illegal" traffic, winning the 1st lawsuit, after being joined by RIAA and co, and they agree to drop their lawsuits against Comcast.
    5) P2P is dead, killed by ISPs that follow comcast's lead.

    --
    This is my sig.
    1. Re:Lawsuits will have unintended consequences. by gurps_npc · · Score: 1
      Don't be silly.

      If all the traffic was illegal then RIAA would already be able to outlaw it.

      They have repeatedly FAILED to do that against bit-torrent, because NO, all P2P is NOT illegal.

      So you left out the following step:

      2.5: Judge throws out Comcast entire argument because he declares that as per the precedent, P2P traffic has already been declared legal per se, while individual examples might contain illegal things, it is up to Comccast to prove that they are ONLYU blocking the illegal stuff, which they have totally failed to do.

      step 3. (revised) Comcast gets a small fine and told "don't do that again".

      Step 4. RIAA, BSA, etc. whine about how unfair the world is that they can't be even richer.

      --
      excitingthingstodo.blogspot.com
    2. Re:Lawsuits will have unintended consequences. by skintigh2 · · Score: 3, Informative

      Point #2 is already moot: the AP journalists who conducted the tests were downloading the Bible. I DARE Comcast, the RIAA and BSA to argue that reading the Bible should be illegal.

    3. Re:Lawsuits will have unintended consequences. by westlake · · Score: 1
      1) Lawyers file class action lawsuit that says P2P traffic is being blocked.Lawyers file class action lawsuit that says P2P traffic is being blocked. 2) Comcast rebuttal says that all the traffic is illegal.

      Try this one on for size:

      1 Residential customer files a class action that says P2P traffic is being blocked.
      2 Comcast replies that P2P is being throttled to maintain the quality of services available to other users.
      3 Comcast reminds the plaintiff that his contract as a residential customer does not include any rights to act as a server or any guaranteed QOS.
      4 Comcast argues - successfully - that if there is an injured class entitled to a bring the action, the plaintiff is not a part of it.
      4 Comcast suggests to the plaintiff that one very simple solution to his problem would be to try scheduling his 2 GB ISO download for 3 AM ET and not 7 PM ET.
      5 Comcast wins. The plaintiff is billed at $200/hour. Life goes on.

    4. Re:Lawsuits will have unintended consequences. by Anonymous Coward · · Score: 0

      6)Comcast loses huge amounts of customers.

      Without casual P2P abilities, I think a significant amount of customers would be willing to cancel their $50/month broadband connection. At the same time, why not just get rid of their overpriced cable TV bill that continues to increase every year. In fact, I don't use P2P much myself, but there are times when I do like to get something (whether it's an album, test drive of a game or software, or ebook on some topic where a $40 book isn't called for), and I consider this part of my service for my cable/internet bill each month. I'm not saying it's totally legit, but this is the fact of Comcast's business model.

      Without the P2P, I can get along with $1 DVDs now at McDonalds/grocery stores, video games, and a $10/month dial up for the few hours a week I use internet at home.

    5. Re:Lawsuits will have unintended consequences. by Anonymous Coward · · Score: 0

      6) WoW customers quit enmass and get DSL

    6. Re:Lawsuits will have unintended consequences. by Agripa · · Score: 1

      4.5) Upset users of both Comcast and other ISPs install DD-WRT images which helpfully forward lost Comcast RST packets to various Comcast servers. Unexplained crater appears overnight along Market Street in Philadelphia.

    7. Re:Lawsuits will have unintended consequences. by Stanza · · Score: 1


      Depends on the which edition. Many translations of the bible are under copyright protection. It is still against the law to unauthorizedly copy certain versions of the bible.

    8. Re:Lawsuits will have unintended consequences. by skintigh2 · · Score: 1

      If that's true that scares the hell out of me... Are you sure it's not the commentary that's copyrighted? I guess I never thought about translations before...

      Anyway, IIRC it was the King James version, and I think, under US law, his copyright expired last month.

    9. Re:Lawsuits will have unintended consequences. by Anonymous Coward · · Score: 0

      Reading the Bible shouldn't be illegal, but it should at least be discouraged, unless approached as a work of fantastic fiction.

  35. Detecting the RST? by superid · · Score: 1

    Can a tcpdump wizard provide an example of how one might detect the reset?

    1. Re:Detecting the RST? by An+ominous+Cow+art · · Score: 1
      I'm not a wizard, but I play one in D&D.

      Try something along the lines of:

      tcpdump -i en0 'port 80 and tcp[tcpflags] & tcp-rst !=0'
      Change the interface name and port number to suit your needs.
    2. Re:Detecting the RST? by Shagg · · Score: 1

      Look for a TCP packet with the reset flag. Or was that a trick question? :)

      --
      Unix is user friendly, it's just selective about who its friends are.
    3. Re:Detecting the RST? by Anonymous Coward · · Score: 0

      # tcpdump 'tcp[13] & 4 != 0' >> comcast.resets &

      I started DL'ing Gutsy Gibbon via a torrent at midnight. Ramped up to 100KB/s with a swarm speed of 14MB/s

      After 5 mins it started slowing, then slowed exponentially untill it stabilized at 11KB/s with a swarm speed of 3.4 MB/s

      Here is a cleaned up two minute dump from 12:30 EST (Ironically it starts with a reset from slashdot :-) )

      00:30:00.379644 IP images.slashdot.org.www > WAN_IP.39229: R 1855628796:1855628796(0) ack 4294229868 win 7504
      00:30:01.049181 IP LOCAL.38764 > 202.12.69.154.44716: R 0:0(0) win 0
      00:30:01.049294 IP LOCAL.38763 > 152.233.217.58.broad.nj.js.dynamic.163data.com.cn.13575: R 0:0(0) win 0
      00:30:05.048637 IP LOCAL.38766 > host1.vizible.com.27800: R 0:0(0) win 0
      00:30:11.683922 IP 249.Red-83-36-97.dynamicIP.rima-tde.net.6881 > WAN_IP.39252: R 0:0(0) ack 480344441 win 0
      00:30:12.461512 IP pool-96-231-66-131.washdc.east.verizon.net.55081 > WAN_IP.64244: R 0:0(0) win 0
      00:30:13.048806 IP LOCAL.38770 > c-76-16-38-86.hsd1.il.comcast.net.2047: R 0:0(0) win 0
      00:30:13.048939 IP LOCAL.38771 > tm.213.143.72.230.lc.telemach.net.2217: R 0:0(0) win 0
      00:30:13.049062 IP LOCAL.38767 > 152.233.217.58.broad.nj.js.dynamic.163data.com.cn.13395: R 0:0(0) win 0
      00:30:14.593598 IP 249.Red-83-36-97.dynamicIP.rima-tde.net.6881 > WAN_IP.39252: R 0:0(0) ack 1 win 0
      00:30:16.679085 IP 218.94.136.171.54045 > WAN_IP.39255: R 0:0(0) ack 201433989 win 0
      00:30:17.048546 IP LOCAL.38775 > 62.113.158.67.45557: R 0:0(0) win 0
      00:30:17.048661 IP LOCAL.38776 > host1.vizible.com.49183: R 0:0(0) win 0
      00:30:17.048794 IP LOCAL.38773 > 201-10-92-248.ctame705.dsl.brasiltelecom.net.br.6881: R 0:0(0) win 0
      00:30:17.662839 IP customer201-216-246.21.iplannetworks.net.48391 > WAN_IP.39014: R 1065604631:1065604631(0) ack 3390255110 win 0
      00:30:17.820704 IP customer201-216-246.21.iplannetworks.net.48391 > WAN_IP.39014: R 1065604631:1065604631(0) win 0
      00:30:18.044048 IP 249.Red-83-36-97.dynamicIP.rima-tde.net.6881 > WAN_IP.39252: R 0:0(0) ack 1 win 0
      00:30:18.647502 IP adsl-75-21-123-122.dsl.rcfril.sbcglobal.net.6881 > WAN_IP.39258: R 0:23(23) ack 1935680482 win 0
      00:30:19.498650 IP 218.94.136.171.54045 > WAN_IP.39255: R 0:0(0) ack 1 win 0
      00:30:19.832624 IP customer201-216-246.21.iplannetworks.net.48391 > WAN_IP.39014: R 1065604631:1065604631(0) win 0
      00:30:21.047618 IP LOCAL.38777 > pool-71-174-69-68.bstnma.fios.verizon.net.4139: R 0:0(0) win 0
      00:30:21.351312 IP adsl-75-21-123-122.dsl.rcfril.sbcglobal.net.6881 > WAN_IP.39258: R 0:23(23) ack 1 win 0
      00:30:22.239534 IP 218.94.136.171.54045 > WAN_IP.39255: R 0:0(0) ack 1 win 0
      00:30:24.769672 IP c-24-126-186-53.hsd1.ga.comcast.net.13172 > WAN_IP.39253: R 235652368:235652368(0) win 10240
      00:30:24.769700 IP c-24-126-186-53.hsd1.ga.comcast.net.13172 > WAN_IP.39253: R 235664871:235664871(0) win 10240
      00:30:25.043627 IP c-24-126-186-53.hsd1.ga.comcast.net.13172 > WAN_IP.39253: R 235652368:235652368(0) win 10240
      00:30:25.044063 IP c-24-126-186-53.hsd1.ga.comcast.net.13172 > WAN_IP.39253: R 235664871:235664871(0) win 10240
      00:30:25.047782 IP LOCAL.38780 > 190-49-36-150.speedy.com.ar.3293: R 0:0(0) win 0
      00:30:25.047936 IP LOCAL.38781 > 200-103-151-31.ctame705.dsl.brasiltelecom.net.br.6881: R 0:0(0) win 0
      00:30:26.642502 IP c-24-126-186-53.hsd1.ga.comcast.net.13172 > WAN_IP.39253: R 235651770:235651770(0) win 10240
      00:30:26.642537 IP c-24-126-186-53.hsd1.ga.comcast.net.13172 > WAN_IP.39253: R 235664273:235664273(0) win 10240
      00:30:27.060033 IP c-24-126-186-53.hsd1.ga.comcast.net.13172 > WAN_IP.39253: R 235652368:235652368(0) win 0
      00:30:27.168277 IP adsl-75-21-123-122.dsl.rcfril.sbcglobal.net.6881 > WAN_IP.39258: R 0:23(23) ack 1 win 0
      00:30:28.799529 IP c-24-126-186-53.hsd1.ga.comcast.net.13172 > WAN_IP.39253: R 235651770:235651770(0) win 0
      00:30:33.046919 IP LOCAL.38782 > c-67-190-56-104.hsd1.

    4. Re:Detecting the RST? by Anonymous Coward · · Score: 0

      I'm not a wizard, but I play one in D&D. That, sir, might be the funniest line I've read on /. for a long time.
  36. Re:I'd just like to say... by Anonymous Coward · · Score: 0

    I sure am glad you signed your name, because after reading the massive amounts of asinine, unintelligible drivel in your irrelevant post, I lost so many IQ points that I forgot who made it. Moron.

  37. Kiss neutral traffic access goodbye... by patmandu · · Score: 2, Insightful

    I think this was a pretty underhanded move by Comcast, and the conspiracy theorists among us can probably find the RIAA behind the move. I don't think it's right.

    Having said that...

    Remember when the Green Card Lottery spam first went out? Everyone was up in arms about it, threats and lawsuits were coming from all sides...sound familiar? And that stopped the spam problem dead in it's tracks, right?

    Same thing here. This is just the first volley. They're testing the waters. In 5 years it'll be commonplace for the ISP to disrupt/block/delay traffic as they see fit.

    I hope I'm wrong. Smells like censorship to me.

  38. This is Punitive by Anonymous Coward · · Score: 0

    Companies need to be penalized for breaking the law. This is what Punitive Damages are for, and I entirely support it. If Comcast gets a multi-billion dollar judgement against them, perhaps the next time a company starts needlessly screwing with their customer's traffic... they will think about the Comcast judgement, and the thought of having their corporation sued into oblivion will deter them.

    It's amazing how your average conservative loves capital punishment, but hates penalizing corporations for wrongdoing. Conservatives are simply typical fascists: no rights for the citizens, no restrictions for the corporations.

    If more corporations were made an example of, like Arthur Anderson and Enron, you would have far less malfeasance in the marketplace. But crime and corruption are the lifeblood of fiscal conservatives, so obviously they are going to stop that at all costs.

    1. Re:This is Punitive by letxa2000 · · Score: 1

      You're trolling.

    2. Re:This is Punitive by budgenator · · Score: 1

      These guys aren't really conservatives, they are sociopaths, and they will always think that the laws either don't apply to them because they are special, or that the laws shouldn't apply to them because they are special and the reason the other guy got caught because he wasn't good enough.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
  39. More than just p2p by finkployd · · Score: 1

    I'm not sure if this is related or not, but my Comcast workplace business connection has been having severe problems with Lotus Notes (cannot send emails with attachments) and my VPN sessions drop or severely degrade if I try to transfer a large (several meg) amount of data over it. Vonage has gone downhill as well, but that is always bad with Comcast.

    I do know this is related, I'm terminating my account next month and moving to FIOS business. Roughly the same price, over twice the speed (up and down). The only thing that sucks is a pack of 5 static ip addresses costs $20/month vs $10/month. Well, that and that it is Verizon.

    Finkployd

    1. Re:More than just p2p by Anonymous Coward · · Score: 0

      Funny enough, I've just moved our office (we run a LAN center in a small town) back to Comcast from Verizon FIOS.

    2. Re:More than just p2p by finkployd · · Score: 1

      Funny enough, I've just moved our office (we run a LAN center in a small town) back to Comcast from Verizon FIOS.

      Why is that? Is there a problem with the FIOS service? The only issue I know if is on their dynamic IP address setup they set the DHCP timeout to something like 2 hours which ends up killing VPN sessions. I am going with Static IP so that should not be an issue.

      Is there anything else I should know about?

    3. Re:More than just p2p by ptbarnett · · Score: 1
      I've been on FIOS for about 18 months.

      I haven't had any problems with DHCP timeout, but that might be because I'm not on DHCP. For some lame reason, the early adopters were set up as PPPoE, and they can't change it without literally shutting down and reactivating my account. It's clearly an administrative problem, rather than a technical one -- new customers get DHCP.

      It works, it's reliable, except for when the ActionTec router (provided by them) starting acting wonky. If you have multiple static IP's, they will sell you a better AdTran router. I get the advertised speeds (15M down, 2M up), with no throttling that I've noticed. However, I rarely use P2P. Latency is fast and consistent: I have a Vonage phone that is as good or better than my POTS line.

    4. Re:More than just p2p by ptbarnett · · Score: 1
      I'm not sure if this is related or not, but my Comcast workplace business connection has been having severe problems with Lotus Notes (cannot send emails with attachments) and my VPN sessions drop or severely degrade if I try to transfer a large (several meg) amount of data over it.

      Yes, it is related. Lotus Notes apparently uses the same port as some P2P applications, and Comcast is mistaking it for P2P traffic and playing the same game with RST frames:

      http://kkanarski.blogspot.com/2007/09/comcast-filtering-lotus-notes-update.html

      Dunno about your VPN sessions, though.

  40. Sue the b4stards by Anonymous Coward · · Score: 0

    Sue the b4stards. Make an example of them.

  41. What would be the point? (WAS: Sue them) by Lead+Butthead · · Score: 3, Insightful

    Lawyers walk away with millions. Subscribers gets five dollars off their next bill. Comcast pass the cost to their subscribers. The douche bag decision makers in comcast are still employed, moving onto their next (evil) scheme. There is ZERO accountability here. Now if we start talking about PRISON term or heavy financial fines for the said douche...

    --
    ELOI, ELOI, LAMA SABACHTHANI!?
    1. Re:What would be the point? (WAS: Sue them) by detritus. · · Score: 1

      I wonder if each state's attorney general could go after them under state statues.

      At least in Michigan, it's a felony.

    2. Re:What would be the point? (WAS: Sue them) by DigitAl56K · · Score: 1

      Comcast pass the cost to their subscribers

      Followed by: Comcast subscribers unhappy with rate hikes.
      Preceded by tons of highly visible bad press for Comcast and big dips in share price.

      The point of a lawsuit, especially with the EFF driving it, is going to be to effect a change in Comcast policies and hopefully make a statement to the industry that this kind of thing isn't going to be tolerated going forward. So what if the lawyers will make a bunch of money? If Comcast stopped pulling this crap isn't it worth it? I suspect there are lots of people who would love to sue Comcast right now over this themselves, but couldn't afford to. This way it actually happens.

  42. Easy win against Comcast.... by cdrguru · · Score: 0, Troll

    All you have to do is show that they are blocking 100% completely legal traffic on the Internet. Not 90% legal or 99% legal or "has substantial non-infringing use" - none of these are going to stand up to the light of day with a jury.

    The problem is that if you want to ding Comcast for blocking it you are going to need to show that in no way could they ever be held liable for not blocking it. With decisions about contributing to infringement coming down in the last year, I'd say an ISP would be incredibly stupid for not blocking traffic that they could clearly be held liable for. You better believe Comcast will use this as a defensive strategy. In today's climate their attorneys have likely advised that not blocking it could be construed as a assisting in infringement.

    So while technically it helps management of the network it also eliminates one more thing that could create a liability for them. Win - win for Comcast, lose-lose for the customer.

    The decision that nobody owns anything you cannot hold in your hand is the only way out of this. I don't think it is going to come because it would mean the virtual bankruptcy of the US. We don't make "stuff" anymore, we make "intellectual property".

    Will this make people respect copyright? Heck no. You can't prosecute people on the Internet, you can't track them down and you just barely can sue them - only if they are stupid about it.

    1. Re:Easy win against Comcast.... by Anonymous Coward · · Score: 0

      Good luck finding something in Comcast's terms of service, or in any law, that explicitly states that an ISP which is not a common carrier cannot prevent the fastest possible access to some legal content. There will be no case because there is no legal footing for a case and the EFF is fucking retarded if they think there is.

    2. Re:Easy win against Comcast.... by nosferatu1001 · · Score: 1

      Erm, they are impersonating other users in order to shut the connections....

  43. Turn on encryption by myth_of_sisyphus · · Score: 4, Interesting

    On your BitTorrent client.

    I turned it on yesterday and am getting unheard of download speeds: over a 1000 kB/sec. in some cases. I've never seen speeds that high. I use Comcast. And my uploads are getting better so my ratio doesn't ban me from my favorite site.

    (Just for linux iso's of course.)

    1. Re:Turn on encryption by Raineer · · Score: 1

      I use this as well, with interesting results. Getting the DVD release of Kubuntu Gutsy the other day I would see 15kb for like 20 mins followed by 800k+ for 5, then back to 15kb for another 20 mins. Bounced like that for quite awhile. Most other torrents I cap around 80kb.

  44. Much as I'd love the lawsuit... by Raineer · · Score: 1

    I would be scared to sign my name to anything which says HI I USE P2P NETWORKS. It just invites scrutiny from whoever wants to investigate. It may not be worth a $15 credit towards my next triply-overpriced Comcast bill.

  45. Re:I'd just like to say... by Anonymous Coward · · Score: 0

    good for you?!?

  46. Ditto on the iChat by Raineer · · Score: 1

    I see the same exact thing. Video is perfect for about 30 seconds, after which it hits a wall and degrades all to hell. I have to lower the capped bandwidth (it's in the iChat preferences) to about 20% of my supposed "download bandwidth".

    The funny thing is, according to the java tests through places like dslreports.com, my bandwidth is very high. Even though I pay for 3m/784 I usually see 6m/1.5 on the tests, however those tests are typically about 15s long and Comcast is probably smart enough to "shape" those to the high-end.

  47. Wire Fraud by whackco · · Score: 1

    From the legal framework, I think a crafty lawyer should beable to construe their actions as inter-state wirefraud if they were impersonating traffic. This would result in a federal criminal case. Obviously, by the statements, the highest level of comcast has knowlede of these activities, therefor, the board and officers of the corporation should be held accountable.

    I smell blood, and the lawyers do to. Makes me wish I finished the law degree sometimes, because this case would be 'fun' to take to trial.

    1. Re:Wire Fraud by Anonymous Coward · · Score: 0

      Makes me wish I finished the law degree sometimes, because this case would be 'fun' to take to trial.

      Yeah, cuz I'm sure that the kind of person who would drop out of law school is the kind of highly-motivated person that would have ANY chance of catching this case.

      You are a quitter. You are not a player.

  48. by definition by Humorless+Coward. · · Score: 1, Funny
    Comcastic - adj., possessing an attribute of being extremely bad and yet seemingly unavoidable, due to being a monopolistic local utility providing a needed service: Our cable service is horribly intermittent. It's really comcastic!
    See similar items:
    1. craptastic
    2. Crap
    3. Comcast
  49. Comcast's AUP. by urcreepyneighbor · · Score: 1

    IANAL. Playing Devil's Advocate. :)

    By signing up for and/or using the service, you agree to Comcast's AUP. According to Comcast's AUP, they can "terminate or suspend" your account if you fail to comply with the terms.

    Instead of suspending or terminating the account, Comcast - recognizing the importance of the net and being connected - simply restricts / blocks / slows down the traffic associated with the excessive usage.

    It is still possible to use BT, it will merely take longer.

    Since the ports and protocol aren't vital to most people and the ways in which most people use the service (web, email, im), these actions only effect a minority of abusers who degrade the service for the majority.

    I'm not sure how a class action lawsuit works (notice the "IANAL" at the start of this post? good), but if a jury is involved... the case faces an additional burden. Attempting to explain to the average person that BT traffic isn't just used to swap copyrighted material, but is also used to distribute Linux ISOs and WoW patches will only confirm in his mind that this is "geek shit" that he doesn't use and probably never will - and it may be responsible for his own slow connection at home.

    From Comcast's AUP:

    Prohibited Uses and Activities

    viii. restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the Service or any Comcast (or Comcast supplier) host, server, backbone network, node or service, or otherwise cause a performance degradation to any Comcast (or Comcast supplier) facilities used to deliver the Service;

    -snip-

    Network, Bandwidth, Data Storage and Other Limitations

    Comcast may provide versions of the Service with different speeds and bandwidth usage limitations, among other characteristics, subject to applicable Service plans. You shall ensure that your use of the Service does not restrict, inhibit, interfere with, or degrade any other user's use of the Service, nor represent (in the sole judgment of Comcast) an overly large burden on the network. In addition, you shall ensure that your use of the Service does not restrict, inhibit, interfere with, disrupt, degrade, or impede Comcast's ability to deliver and provide the Service and monitor the Service, backbone, network nodes, and/or other network services.

    You further agree to comply with all Comcast network, bandwidth, and data storage and usage limitations. You shall ensure that your bandwidth consumption using the Service does not exceed the limitations that are now in effect or may be established in the future. If your use of the Service results in the consumption of bandwidth in excess of the applicable limitations, that is a violation of this Policy. In such cases, Comcast may, in its sole discretion, terminate or suspend your Service account or request that you subscribe to a version of the Service with higher bandwidth usage limitations if you wish to continue to use the Service at higher bandwidth consumption levels.

    --
    "The fight for freedom has only just begun." - Geert Wilders
    1. Re:Comcast's AUP. by Anonymous Coward · · Score: 0

      Prohibited Uses and Activities

      viii. restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the Service or any Comcast (or Comcast supplier) host, server, backbone network, node or service, or otherwise cause a performance degradation to any Comcast (or Comcast supplier) facilities used to deliver the Service; This is absurd; any use of bandwidth whatsoever causes a "performance degradation." That's what happens when you oversell your bandwidth.

      You shall ensure that your use of the Service does not restrict, inhibit, interfere with, or degrade any other user's use of the Service, It is impossible to not degrade others' use of the service unless you simply never use yours. There is only so much bandwidth available to the local hub, and if you use any of it, that portion is now unavailable to others in your area, degrading their quality of service.

      You shall ensure that your bandwidth consumption using the Service does not exceed the limitations that are now in effect or may be established in the future The bandwidth limitations that they won't actually state, except to call it "unlimited"?
    2. Re:Comcast's AUP. by berashith · · Score: 1

      no

      considering that using the service at all (comcast, not BT) can cause performance degradation for others, regardless of knowledge or intent, using the AUP in the way you are referring to means that we should all just pay them to provide nothing.

      Slowing down traffic of the abusers... 30 seconds into the transfer, shows how little understanding there is. Even the half-hearted argument of bandwidth abusers takes time to determine how much data they have transferred. At 30 seconds, there is not nearly a large enough amount of data to determine how much data WILL be transferred.

  50. RCN also does this by Anonymous Coward · · Score: 0

    I havent seen it mentioned here but RCN also does this with their cable modem service in some states. The was confirmed on DLSreports.com about 1-2 years ago by an RCN employee. The results are the same as what Comcast is doing: torrents download as normal, but when the user tries to seed the connection is reset. I confirmed that this happens with RCN in New York But its been over a year since I tried to seed so I dont know if this is still happening. A search on dslreports for "rcn" and "torrent" should bring up some stuff. RCN rep confirmed this was only turned on in select markets.

    1. Re:RCN also does this by Catbeller · · Score: 1

      Yep. RCN hasn't done it in my market yet. But Comcast, oh yes, it has been smiting us P2P people mightily. I used Comcast's network three times in the last four months. Only one download made it. Swear to Dios, every other file download attempt crapped out after an initial good start -- and then I had to physically restart every damned switch and router on that path, 'cause they became nonresponsive. For *months*. Like a dog being hit by a stick, I learned never to touch P2P.

  51. I don't want money (was Re:ZOMG!! Squeal!!) by Laebshade · · Score: 1

    I don't want money. I want them to stop shaping [all] traffic/mangling packets.

    1. Re:I don't want money (was Re:ZOMG!! Squeal!!) by walt-sjc · · Score: 1

      Shaping is fine. Mangling / blocking is not.

      Frankly, I would prefer that my ISP have some sort of QoS so that my bulk traffic is at a lower priority than VoIP. Wouldn't you???

    2. Re:I don't want money (was Re:ZOMG!! Squeal!!) by acvh · · Score: 2, Insightful

      "Frankly, I would prefer that my ISP have some sort of QoS so that my bulk traffic is at a lower priority than VoIP. Wouldn't you???"

      No. I do not want my data traffic to be lower priority than someone else's VOIP. I don't use VOIP, I HAVE PHONE SERVICE. When I first heard of VOIP in 1996 I thought it was a bad idea, and I think it's worse now.

    3. Re:I don't want money (was Re:ZOMG!! Squeal!!) by walt-sjc · · Score: 1

      It's not about voip versus bittorrent - it's about real-time versus bulk and latency. It's about using resources the most efficiently. With shaping, you can reliably watch streaming youtube or porn while running your bittorrent, and everyone is happy. Shaping done right will hardly impact your overall transfer speeds.

      The reality is that p2p is frequently consuming 70%+ of the bandwidth. If traffic isn't shaped at all, it makes the internet useless for anything *except* p2p. What comcast is doing isn't shaping. It's severe damage and fraud.

      Anyway - so you don't use VoIP yet think it's a bad idea... Hmm. Well, I DO use VoIP, AND bittorrent, and I do think VoIP is a good idea. Not only is it less expensive, call quality is far superior, and my phone has a lot more capability. Any time I can pay Verizon or AT&T less money is a good thing. I'll go with my years of experience with VoIP over your uninformed opinion any day.

    4. Re:I don't want money (was Re:ZOMG!! Squeal!!) by acvh · · Score: 1

      Hmmm. Don't know how you determined that my opinion is uninformed. I have worked with VOIP in a corporate setting for years. Just because I don't choose to trade $10 a month for lower quality, less reliable telephone service at home does not invalidate that.

      The single most reliable network ever produced is the circuit-switched US telephone network. It is the best tool for the job it does, which is to enable telephone calls. If you choose to use a packet-switched network in lieu of that then you are, and will be, subject to the vagaries of an ISPs decisions on bandwidth management.

  52. This is done in Canada as well... by ToxicBanjo · · Score: 1

    ... by my ISP.

    If I don't have encryption enabled in my client I can't download anything, legal or not, via BT. My bandwidth is either throttled or outright disabled (modem needs a reboot).

    Just another example of how the one's in charge (ISP and Telecom management) have no real concept of how technology works. We say P2P and they immediately think PIRATE... lamerz.

    --
    There are only 10 kinds of people in the world. Those that understand binary and those that don't.
  53. Legal right to modify THEIR network by thtrgremlin · · Score: 1

    Well, what they are legally allowed to modify would be their internal network used by employees, not the regulated part of the internet that Comcast got the exclusive right by the government to build. In terms of regulations, it isn't their internet, even though they build it and own it.

    I am quite certain this falls into the realm of net neutrality. Its like dumping toxic waste on an easement.

    --
    Want Big Business out of government? Take away the incentive and start by getting government out of big business!
  54. Need another protocol by ThirdPrize · · Score: 1

    One for the pirates and one for legitimate users. That would work. ;)

    --
    I have excellent Karma and I am not afraid to Troll it.
    1. Re:Need another protocol by Catbeller · · Score: 1

      Another protocol, another internet. No dot coms this time. No businesses allowed. Just people talking, freely. I call it CommonSense, or the Tom Paine network, or Samizdat.

      Wireless points. No commercial carriers. Cheap disposable relays, solar powered if possible. Cheap enough so that one doesn't cry when the FCC finds and destroys the relays in their new War on Terrorist Networking and IP thieves. Build in encryption intelligently. NO wiretaps. No reading each other's messages. No backbones, unless someone wants to set up one pro bono using IR lasers or microwave links on rooftops. Extremely redundant. Use the TV frequencies if possible.

      As for radio interference, here's a starting point: someone once posited (no time to research) that interference is a data processing problem, not a physical limitation. If some genius can run with that, it's imaginable that the FCC's excuse for regulation -- limited bandwidth -- could be be annulled.

      Major point -- it must NOT interface with the old Darpanet-derived internet we know and love. Call it quits; the business sharks have coopted it, the governments of the world have claimed jurisdiction, the telcos literally claim ownership of the circuits and therefore the owners of the internet itself.

      The human race had unencumbered, uncensored, SECRET communications for its entire history. "Talking" and "writing letters" and "making phone calls", we called it. The stars did not fall, liberty was not crushed, and The Enemy did not kill us all.

    2. Re:Need another protocol by PhxBlue · · Score: 1

      One for the pirates and one for legitimate users. That would work. ;)

      Actually, RFC 3514 implements this without having to create a new protocol.

      --
      !#@%*)anks for hanging up the phone, dear.
  55. We're on the slow network, too. by Lorien_the_first_one · · Score: 2, Informative

    Just in case anyone hasn't noticed, the Communications Workers of America have conducted a worldwide survey of internet access speeds. What they found is that Japan is number one with 61 Mb/s. We're didn't even place. You can read about that, here.http://www.itwire.com/content/view/13184/1066/. I guess the MPAA and the RIAA don't have very much pull in Japan.

    --
    The diversity and expression of human opinion is essential to human survival.
    1. Re:We're on the slow network, too. by ultranova · · Score: 1

      I got 3979 kbps down and 729 kbps up from Finland in the test on this page.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    2. Re:We're on the slow network, too. by jamar0303 · · Score: 1

      Also, Japan has a much larger selection of ISPs than the US does. In fact, nearly every Japanese computer manufacturer runs their own ISPs (for example, Panasonic's is called Hi-ho, and Sony's is called So-net- how creative), each with DSL and fiber available, up to 100Mb/100Mb max (So-net even includes a mobile datacard option which gives you 400Kb access outside of home for about $10/month extra). Truly a country to look up to.

      --
      OSx86 FTW
    3. Re:We're on the slow network, too. by Maxite · · Score: 1

      Here in Iowa (USA), I got 5526 down and 726 up.

      --
      Ah, you found me!
  56. As usual, the lawyers will win by Doug52392 · · Score: 0

    Unfortunately, like all court cases against big companies, the lawyers will walk away with the big million doallar checks after they win, leaving the victims $10 to claim (like Microsoft's recent court case). Also, I have been using Comcast for a year for Internet, but I have to say, I have not noticed any significant reduction in speed on BitTorrent. I mostly download TV shows, which are about 350mb each. Anyway, I have not really noticed P2P networks being hurt because of this. Sometimes I notice bizzar speeds, but I just thought it was because everyone was hogging the bandwich.

  57. more than 5 users by EdelFactor19 · · Score: 2, Interesting

    well if you go and do a legit bittorrent download, like say a linux distro you could join the class without a question i would think. IANAL but in this case it seems like they should have to pay out to anyone who uses their service since they are fraudulently not providing the service they are supposed to. it doesnt matter what you are downloading, its irrelevant to the case.

    and there are much more than 5 users. Basically all linux distros are now hosted via torrents, and virtually everything VMware hosts for virtual appliances. Its a lot more than 5 users. That isnt even remotely the point however. They are violating a contract, invading your privacy and technically they are misrepresenting themselves willfully as well.

    It would be one thing if they were at least only doing this to people who were the bandwidth pigs first, or that and were sending notices. but they are just doing it in blanket form.

    and for you morons out there who still dont get it, two wrongs dont make a right. a protocol is a protocol, do you ban cdr drives because you can duplicate a cd with it? honestly from a non commercial usage standpoint what does anyone ever do with a standalone cd duplicator do?

    --
    "Jazz isn't dead, it just smells funny" ~Frank Zappa
    EdelFactor
    1. Re:more than 5 users by sgarringer · · Score: 2, Informative

      In all seriousness, I am pretty sure in their terms of service it states that they can adjust their network for the performance for everyone. Do you have any idea how open that is? Good luck pinning down any sort of lawsuit against that. Its all in their Terms of Service. Does no one read these things? I know I read each and every word of mine for my cable company (I must give them access to their cable box 24/7/365 if they ask) and my cellphone (They're not required to actually provide me with any services during a billing period and I still need to pay).

      They've got all the bases covered... Trust me.

    2. Re:more than 5 users by pipatron · · Score: 1

      If they write "if you sign here we can legally kill you and your family", it doesn't mean that they actually can.

      --
      c++; /* this makes c bigger but returns the old value */
    3. Re:more than 5 users by sgarringer · · Score: 2, Interesting

      Killing someone is illegal. Blocking (or spoofing) your BitTorrent traffic to speed up the network for others (their argument, not mine) is not illegal... in fact, it hasn't been tested in court.

      ISPs block things all the time (try getting the Windows SMB port through most ISPs or port 80, 25, etc...) and not a single time has the court struck that down. Seems the precedent shows that its fine for an ISP to do things like this. Some even redirect web traffic to their own proxy servers, again, without legal issue.

      Now if you had a business class connection, which guaranteed things like port availability for hosting servers, then you might have something to sue over.

    4. Re:more than 5 users by PitaBred · · Score: 1

      I'd think that if they were blocking things, that would imply that they're monitoring content, rather than just being a carrier, and that would make them liable for any kinds of bad stuff that DID get through, even over port 80. But I'm obviously not a lawyer. I just think Comcast is trying to have it's cake and eat it too.

    5. Re:more than 5 users by ardin,mcallister · · Score: 1

      actually, forgery is illegal. they're forging RST (reset) packets. if you or i did this, we'd be in jail in no time. classic man-in-the-middle attack.

      --
      "Some men just want to watch the world burn..."
    6. Re:more than 5 users by mrsteveman1 · · Score: 1

      Most users WANT port 137/138/445 traffic blocked, because NO ONE uses SMB over the internet, and history has shown those ports cause more problems than they are worth for everyone.

      Blocking public SMB traffic is desired by the customer, and in fact benefits the customers, blocking an entire PROTOCOL is not the same thing, is not desired by the customer, and in reality only benefits Comcast with their aged network.

    7. Re:more than 5 users by sgarringer · · Score: 1

      I'm pretty sure if you had an agreement with a user through a signed contract to maintain the quality of their internet connection, and you're stance was by blocking their daughters use of bittorrent they made the connection faster for everyone else in the house, then you'd be on fine legal ground. Thats what Comcast is doing, in their eyes.

    8. Re:more than 5 users by CowardWithAName · · Score: 1

      This brings up a point about which I'm curious:

      The articles I've read on this all say that Comcast is applying these filters "across its entire network." Does this include the business-class connections?

      I ask because I have a business-class connection at home (it's my home office), and I have a very healthy regular flow of BitTorrent practically all the time. Should I be seeing this issue? I haven't had any problem with seeding...

      I'd imagine that they're primarily targeting residential service, as it's certainly the large bulk of BitTorrent on their networks, but if they're instituting this filtering past that distinction, i.e. their WHOLE network...

      Anyone know? Is there any way for me to tell? Should I not be able to seed anything?

    9. Re:more than 5 users by Darby · · Score: 1


      Anyone know? Is there any way for me to tell? Should I not be able to seed anything?


      It depends. My wife does a lot of bittorrenting, mainly of British TV since she's from there. She was totally unable to seed any torrents she got from UKNova, which is a member only site mainly with UK residents.

      She was able to seed other torrents though.

      The best we figured out is that if you're seeding to other Comcast users, then there's no problem, but seeding to people on other networks is where you run into problems. So if it's a popular torrent, then odds are you'll have other Comcast users in the mix...maybe enough that you won't notice anything.

      Anyhow, that's purely one anecdotal story, but that's what I'm seeing. Blocking Comcast's RST packets at my firewall seems to have fixed the issue for now though.

    10. Re:more than 5 users by CowardWithAName · · Score: 1

      I just checked my uTorrent, and none of my current seeds are to Comcast IPs (based on RDNS lookups)... Right now I have 180 connections to peers (not necessarily actively uploading to them all, but connected), and none of them should be within Comcast's network.

      So to me, that means that Comcast is NOT filtering/blocking BT traffic on the business-class networks... So, if you have Comcast and you don't want them to block your uploading, switch to a business account (I ended up saving almost $50/month by switching because they were throwing in things I already paid for for free, and because I could cut all the crap I didn't really want on my phone bill when I dropped DSL). Or, actually, DON'T switch to a business account -- keep the heat off me. :)

    11. Re:more than 5 users by EdelFactor19 · · Score: 1

      its not a contract, you didnt sign it. time and time again shrink wrapped contracts like that have been thrown out and invalidated in court. If you wwatch a football or baseball game on tv, they tell you that all "written or verbal accounts of the game ....." are property of the league and you need their permission to record it.. This is blatantly false, and oversteps fair use.

      it hasnt been tested in court because it hasnt needed to be tested. In any event if they are going to change a policy they are going to have to notify you of the changes. You pay money for a service if they dont provide it they get sued.

      Did you not just read how verizon wireless got sued for using the word "UNLIMITED" in a contract when they turned around a cut off users who exceeded a bandwidth and used more text messages and other things than they were magically allowed to by some invisible cap?

      Whats more a problem here that you dont seem to register is that they arent simply cutting you off by a bandwidth usage. They are falsifying data and sending to it you, in the process misrepresenting themselves as someone else. Last time I checked that could either be a felony or violation of the DMCA oddly enough.

      If you read it, than you should realize how much bullshit it is and how much of a waste it is. People every day sign waivers like this at ski resorts and amuseparks and such, and still sue them. Heck if forced licenses like this worked why wouldnt i have one on my door that says be entering my dwelling you forfeit any and all rights to sue me for injuries that occur on my premises.... why would people be allowed to (and win) sue after getting injured WHILE tresspassing.

      "I must give them 24/7/365 access if they ask" .... um no you don't. You can refuse access at any time that is inconvenient to you. What if you go on vacation, you are supposed to magically let them in or let them brake into your house. No. They can request access but like anyone else they don't get cart blanche access to your home. The police dont even have that and they are gov' affiliated.

      "They're not required to actually provide me with any services during a billing period and I still need to pay." Again incorrect, you take them to court. They can't charge you for nothing at all. Like anything else you could force them to prove services were rendered and hold out payment until that was done.

      What makes your claim of this funnier is how heavily these two service industries are regulated (cable based especially) by the gov't.

      "they've got all the bases covered.. trust me"
      I am certain that they dont, and frankly if you haven't noticed I don't trust you, not at all. IANAL, and YANAL, but you dont seem to have a clue either.
      it sounds like you are exactly the brain dead kind of person they want, the kind that listens and believes every word that comes from their mouths.

      In all seriousness, the contracts say that they have the right to change them at any time without notice... Do you really think that gives them the legal right to one day decide to change the billing right to 100x the current price while witholding service or that you are no longer allowed to allow non subscribers watch cable on your tv? Or even better that they now have the right to break into your home and beat you with a stick over the head while taking your money?

      I'm thinking no

      --
      "Jazz isn't dead, it just smells funny" ~Frank Zappa
      EdelFactor
    12. Re:more than 5 users by sgarringer · · Score: 1

      This is a contract. You signed it when the installer went to your house and connected you. You got to read through it before hand, and if you didn't thats your fault.

      And as for the other stuff, you can't just go to court and say "um my cellphone wasn't working and I don't want to pay". They don't have to provide you with dick. My friend had DirecTV and his dish blew over. He called them and they told him that it was his responsibility to fix it. He said tuff and just quit paying the bill. Sure enough 3 months later he owes them $300 in late fees, disconnect fees, etc. They took him to court over that. DirecTV didn't provide him with any service in that timeframe. Its HIS problem, not theirs. Same if my cellphone goes south. Its my problem, not theirs. If they want to allow me, I can suspend my service until I get a replacement phone, but they don't even have to allow that.

      And if you don't provide the cable company access to your house they can (and WILL) disconnect your service. You're right to refuse them entry. Their right to turn your cable-stealing ass off. Believe me, I used to work for the cable company. I used catch leaking signal all the time (indication of a grade-A hack job of installing splitters, etc). Most cable companies are required to remedy that immediatly by the FAA because they broadcast in the same band that aircraft radios do. If you say "No" then they pull the plug on the spot, no questions asked. On top of that, you're still billed the same as if you had service, until you decide to let us come in. And that may be weeks away when we can schedule the service call at that point. We had people say all the time "you'll hear from my lawyer". (Non payment disconnects were even better, people would let their dogs out on us while we were up on the pole. Nothing beats calling the humane society while your leaning back on the pole and then watching their pitbull get crated up and taken because they decided to set him lose on the cable guy...) Guess what, we never did. Because its in the contract!

      The cops have less rights than other private citizens. If you don't even know that, then I think I'm wasting my time writing this argument.

  58. Who defines bulk? by CustomDesigned · · Score: 1
    Frankly, I would prefer that my ISP have some sort of QoS so that my bulk traffic is at a lower priority than VoIP. Wouldn't you???

    Only if *I* am the one defining what is "bulk" and what is not. How would you like it if UPS decided for you which packages to send Ground, and which to send NextDay? QoS is great if setting the QoS bits in packets leaving my computer causes my ISP to do something different (for an extra charge, even, like NextDay delivery). Non technical end-users would have checkboxes on their cable router setup with options like "optimize VOIP (minimize latency) - extra ISP charges may accrue". Geeks would have iptables...

    1. Re:Who defines bulk? by walt-sjc · · Score: 1

      All they have to do is respect the existing TOS bits. The applications set those.

  59. Never seen this at all by PCM2 · · Score: 1

    I also use Comcast. I don't do BitTorrent that much because in the long run certain... ahem... alternatives are faster, but I just grabbed an OpenSUSE DVD the other day (no, seriously, it really was a Linux ISO) and had no problems receiving at 750KB+. I also encrypt my traffic, though. Is this why I never seem to have seen Comcast fiddling around with my transfers? Or is Comcast only applying this in certain areas so far?

    --
    Breakfast served all day!
    1. Re:Never seen this at all by Anonymous Coward · · Score: 0

      Yes, those "alternatives" are a blessing. I'm not sure if I'll ever really need BitTorrent again, except if I need something really old.

      I've only gotten 500 KB/s+ speeds on BitTorrent when downloading a (popular) Linux distro. Else, getting to and staying at 40-100 KB/s is "good" for BitTorrent for me. (I am a Comcast subscriber.) When an "alternative" lets me download very consistently at 400-1000 KB/s, I'm very happy.

    2. Re:Never seen this at all by Anonymous Coward · · Score: 0

      Posting AC for obvious reasons.

      Me, neither. I've run torrents 24x7 capped at 32 kbyte/sec upstream for months now on my Comcast service. According to Azureus, my total traffic (up+down) has averaged about 4GB/day over the past nine months or so. I don't seem to have any problem connecting to peers, nor do I see problems with them connecting to me.

      I do run a Linux (iptables) firewall, not a cheapo consumer firewall that can get overwhelmed with simultaneous connections. I also don't run Windows so I don't encounter the low default connection limits Microsoft has established in its TCP/IP stack. While I haven't read all the articles in depth, I don't see any discussion in either the AP article or the EFF one about what hardware/software was being used, or how these RST packets were detected. Until I see something that provides a lot more technical detail on how these "tests" were run, I'm going to believe my own experience.

      Running torrents is technically in violation of the terms of service (which someone quoted earlier in this thread). I noticed that Comcast has stepped up enforcement of other no-server rules that had been ignored for years. Just a week or two ago I stopped receiving SMTP packets on port 25. I had been using my firewall as a backup MX for a few years now (a very low-traffic activity in my case since 90%+ of the sessions were blocked at the SMTP level by my array of anti-spam rules). I wouldn't be surprised to see port 80 blocked now if it wasn't before; I don't run a web server on it so I don't have any historical experience.

      Finally, I wish people would actually learn a little bit about how telecoms and information services are actually regulated in the US before they start spewing all this "common carriage" nonsense. ISPs are not common carriers; Internet services fall under the category of "information services" which are exempt from common-carrier regulation. No ISP is required to carry your traffic on the non-discriminatory basis that underpins the notion of common carriage. I, for one, would prefer to see a common carrier regime imposed on the ISPs, but the political realities of telecommunications policy makes that a very unlikely outcome.

      The claim repeated often in this thread that cable companies are government-created and subsidized monopolies also has little merit. In my neighborhood I have two traditional cable companies (Comcast and RCN) as well as Verizon FiOS. While it's true that most municipalities chose to grant monopoly licenses to a single cable provider, that was not a choice forced upon them by regulation. Instead the municipalities used their licensing clout to extract goodies from the anointed cable operator like free "municipal networks" that connected schools, government offices, and other public places like museums. Sadly most municipalities didn't have a clue what to do with all this capacity, and most of these networks went unused. Nowadays it makes more sense to use the public Internet for these kinds of interconnections, so I doubt we'll see those networks get much more use in the future.

    3. Re:Never seen this at all by Catbeller · · Score: 1

      ISPs have used the common carrier designation because common carriers, such as phone companies, are exempt from policing their networks for illegal activity. Phone companies are not required to monitor everyone's conversations for illegality. If a new designation is now used, it is at the behest of all the censors, "pirate" hunters, "anti-terrorist" warriors and secret police spooks who want the ISPs to become listening posts.

  60. Isn't that considered a serious security issue by Conficio · · Score: 1

    Hey there,
    not withstanding the legality of interfering with data connections that are non of their business.

    I wonder if the ability to even tell the two end points independendly that their connectiosn are terminated by the other side, is actually a security flaw of the protocol? Isn't that what is called a man in the middle attack? How could that happen at all?

    Question, would a simple SSL tunnel stop that effectively?

    K

    --
    Busy helping non technical users of OpenOffice.org - http://plan-b-for-openoffice.org/
  61. I don't understand... by Belial6 · · Score: 1

    I don't understand this 'it's their network so they can do whatever they want with my data' attitude that seems to be very common. If you get in a cab, the cab driver doesn't have the right to do whatever they want to your body just because they own the cab. The data being sent is not Comcasts. The data belongs to the people sending and receiving the data. Comcast does not have the right to do whatever they want to MY data. When someone breaks something that you own, you have legal recourse.

    That's one of the problems with this mythical thing called 'Intellectual Property'. It only seems to exist when a corporation is making money off of it. When it is a Comcast user's IP that Comcast is damaging, suddenly the 'IP' doesn't exist anymore, and all that matters is that the network is Comcast's.

  62. "protected computer" ;-) by Sloppy · · Score: 1

    (2) the term "protected computer" means a computer

    (A) exclusively for the use of a financial institution or the United States Government, or, in the case of a computer not exclusively for such use, used by or for a financial institution or the United States Government and the conduct constituting the offense affects that use by or for the financial institution or the Government; or

    (B) which is used in interstate or foreign commerce or communications, including a computer located outside the United States that is used in a manner that affects interstate or foreign commerce or communication of the United States;

    Ah, the joys of perverted federalism. PATRIOT Act made damn near everyone a "financial institution." And according to the powers that run the Drug War, a guy who grows marijuana in his back yard for his own consumption, is engaging in "interstate commerce."

    Nearly every computer in the country is both used by a financial institution and used in interstate commerce. ;-)

    Ah, but here's the rub:

    (f) This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States.
    Oops. Comcast is an intelligence agency of the United States. ;-) Exempted. Next time you forge a packet, report your neighbor to STASI -- er, I mean -- Homeland Security. That should cover all the bases.
    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  63. Network neutrality starts at town hall by Conficio · · Score: 1

    Absolutely correct, your town does give access permission to the network and most of the time requires for example that channels of the TV capacity are reserved for local access and often enough even local TV programming efforts being paid for. On that token, the contracts need to stipulate that IP traffic needs to be neutral and that no interference other for random volume shaping is permittet. By the way extend that to e-mail store and forward services and port blocking as well. An ISP will never be able to decide for you what is SPAM and what not. Therefore it shoudl stay out of that business unless specifically directed to do so by its user.

    --
    Busy helping non technical users of OpenOffice.org - http://plan-b-for-openoffice.org/
  64. prioritize voip? WRONG by Anonymous Coward · · Score: 0

    Prioritize VOIP, ssh, telnet, gaming, etc, etc, packets over large downloads (ftp or http) or bittorrent, which get best effort delivery. That would be fair to everyone concerned and even if they deployed it nationwide it would only come into play on nodes that are overloaded.


    No, that would only be "fair" to those who use/abuse voip, ssh, gaming, etc and unfair to everyone who doesn't. How about (1) they upgrade infrastructure with voip-only routers, and (2) you PAY to have voip prioritized.
    1. Re:prioritize voip? WRONG by Shakrai · · Score: 1

      No, that would only be "fair" to those who use/abuse voip, ssh, gaming, etc and unfair to everyone who doesn't. How about (1) they upgrade infrastructure with voip-only routers, and (2) you PAY to have voip prioritized.

      How do you "abuse" ssh or voip? Using ssh for huge file transfers (scp or something through a ssh tunnel)? That's easily taken care of by only prioritizing small packets and only allowing X number per interval.

      I'm all about them upgrading their infrastructure. But short of providing a 1:1 ratio without ANY over-subscription, there WILL be nodes on their network that max out from time to time. When they max out, do you really want your ssh session running with a 500ms delay because of some perceived fairness issue? Do you really want your VOIP packets dying? Do you really want to be pwn'ed in CS so the guy next door downloading the Wikipedia SQL dump doesn't have to take a 0.1% hit on his download speed?

      Traffic shaping is a lot different from what Comcast is doing. All shaping does is identify packets with a low tolerance for latency and move them to the top of the queue. It doesn't drop anything. It doesn't come into play until that network link hits 100% utilization. To equate a well engineered shaping solution to purposefully dropping bittorrent packets is to display your ignorance of traffic management and networking in general.

      You realize that DOCSIS 2.0 networks only allow 42.88Mbits of download per channel, right? You do the math at 5.0mbits per user and you'll realize that it takes less then ten kiddies to max out that channel. Do you seriously think they can afford to segment their network to such a degree that it's completely impossible to max out a channel even if every customer hits 100%?

      Yes, upgrading their infrastructure is huge. The segments will get smaller and smaller and more bandwidth on the cable network will become available for data as analog cable is phased out. But there will always be the chance of an individual node maxing out, even under DOCSIS 3.0. When it's maxed out, I'd rather have interactive traffic come to the top of the queue. They could invest billions into their infrastructure and I'd still think there would be a place for a well designed traffic shaping scheme.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
  65. Well - they are denying it by bizitch · · Score: 4, Informative

    I fired off a nastygram to Comcast with a link to that MSNBC article and asked them flat out if it was true or not

    I got the following response

    "I understand you have some concerns over recent web gossip that has
    suggested Comcast is blocking or hindering customer access to
    BitTorrent. My name is Armin and I will be glad to assist you.

    Mark, we do not block access to any P2P (Peer To Peer) applications,
    including BitTorrent. We respect our customers' privacy and don't
    monitor specific customer activities on the Internet, or track
    individual online behavior, such as which websites are visited.
    Therefore, we do not know whether any individual user is visiting
    BitTorrent or any other site.

    Additionally, Comcast does not "throttle" bandwidth (limit throughput on
    the network). Comcast also is not traffic shaping or packet shaping.
    We have a responsibility to manage our network to ensure that our
    customers have the best broadband experience possible. That means we
    use the latest technologies to manage our network to provide a quality
    experience for all Comcast subscribers. This is standard practice for
    network operators around the world. I do not have specific information
    to provide to you regarding the details of how we manage our network, or
    vendors that may be used.

    I hope that I was able to effectively address your concerns. If you
    have any further questions or concerns, please don't hesitate to contact
    us back."

    --
    ---- "Logoff! That cookie shit makes me nervous!" - A. Soprano
  66. Just like DRM hobbled "CDs"... by godzilla808 · · Score: 1

    Just like DRM hobbled "CDs" shouldn't be able to use the "Compact Disc" logo, Comcast should be forced to state that their service is a "Reduced Internet" or "Crippled Internet" or maybe even "Quasi-evil Internet." And, since they're not providing true internet access, maybe some of the areas they have contracts to serve will sue for breach of contract?

    --
    ...///...
  67. good luck! by m2943 · · Score: 1

    The TOS explicitly forbid file sharing and P2P; I don't see any basis for a lawsuit.

    1. Re:good luck! by k8to · · Score: 1

      Right, because time and time again, terms of service have been found to superceed legislation, case law, and reasonable expectations. Courts just do whatever the companies print on the outside of the box. I mean, that's what it says they're for in the Constitution, don'tcha know?

      --
      -josh
    2. Re:good luck! by m2943 · · Score: 1

      Right, because time and time again, terms of service have been found to superceed legislation, case law, and reasonable expectations.

      WHAT legislation? WHAT case law? WHAT reasonable expectations?

      Companies like Comcast simply can't support widespread BitTorrent use or maxing out your connection 24/7; it's economically impossible. If courts should force them to, one of two things have to happen: either they will have to cap bandwidth much lower than they do right now, or they will have to move to volume pricing. Which do you prefer? You have to decide because there is no bandwidth fairy.

    3. Re:good luck! by Anonymous Coward · · Score: 0

      It doesn't matter if file sharing and p2p are against TOS, packet forgery is basically illegal, see here.

    4. Re:good luck! by k8to · · Score: 1

      You are making up a position for me that I do not hold.

      The comment I was responding to took the farcical position that purchasing a product or service that has a terms of service statement immunizes the provide from legal challenges that fall within the description of the terms. I was mocking this farcical position, because it deserved it.

      Aside from that, your response text contains a false dichotomy, and a lot of supposition.

      If we're going to suppose, then here's what I suppose. (If there is one), a successful class action will pin Comcast for false or misleading advertising, or computer crime of some kind. Such a success needs to present enough legal strength for Comcast to take them seriously, and then there will be a settlement. The result will be a large payout to a law firm, and coupons for a month of free service to those who write in, or something along those lines.

      The court will never hand down a decision in favor of the plaintiffs in actions like this, because the plaintiffs are always looking for money, which they get more plentifully from a settlement. From the defendent business perspective the settlement is far cheaper some business-intrusive judgement, and the legal exposure to the past deeds is closed for a lump sum.

      So: your worrying about what will result from court actions is irrelevant to such a supposed case. Your comments about what bandwidth Comcast can support is irrelevant to my comment. Your expectations of specificity are irrelevant to the point.

      --
      -josh
    5. Re:good luck! by Anonymous Coward · · Score: 0

      The comment I was responding to took the farcical position that purchasing a product or service that has a terms of service statement immunizes the provide from legal challenges that fall within the description of the terms. I was mocking this farcical position, because it deserved it.

      Bullshit. TOS matter and they are generally enforceable.

      Your expectations of specificity are irrelevant to the point.

      Actually, your pompous comments are irrelevant; you are simply infatuated with long words but incapable of making an argument or writing decent prose.

    6. Re:good luck! by Catbeller · · Score: 1

      And other nations seem to have all the bandwidth fairies they need. Amazing, init?

    7. Re:good luck! by GryMor · · Score: 1

      TOS may (or may not) be enforceable, but they are NOT a defense against false advertising, fraud and violations of the Computer Missuse Act.

      --
      Realities just a bunch of bits.
    8. Re:good luck! by m2943 · · Score: 1

      And other nations seem to have all the bandwidth fairies they need. Amazing, init?

      You're dreaming. In most places in the world, bandwidth-to-the-home is much more expensive than in the US. Bandwidth to the home is cheaper in some European countries; we don't know for sure what the reason is, but more responsible usage than in the US may well be one factor. I suspect that when a German ISP says "no BitTorrent", people are more likely to comply, and hence the ISP has lower costs.

      In any case, ISPs in those countries still have Comcast-like restrictions in place:

      http://www.azureuswiki.com/index.php/Bad_ISPs

      (And, in fact, those are only the restrictions affecting BitTorrent; users in France and Germany, for example, primarily use other protocols, so those wouldn't be listed on the AzureusWiki.)

  68. I'm so sick of hearing "... is a slippery slope" by big_paul76 · · Score: 1

    You know why it's bullshit to say "fill-in-the-blank is a slippery slope"?

    BECAUSE EVERYTHING IS A SLIPPERY SLOPE!

    So I can suggest that compulsory education is a 'slippery slope' towards selling our children as Janissaries, or that extending Medicare to all americans is a 'slippery slope' towards soviet-style central controls on the economy, or that checking to see if you have a history of violent criminal behavior is a slippery slope towards the government seizing your guns, or that protecting your 2nd amendment rights is a slippery slope towards the average guy owning his own attack helicopter.

    All typical uses of the term 'slippery slope', all equally bullshit arguments.

    Not that incremental-ism doesn't happen, but if you wanna suggest that X is on the road to Y, how 'bout providing some evidence for that?

    --
    The plural form of "anecdote" is "anecdotes", not "evidence".
  69. The ISPs are just too greedy for their own good. by Anonymous Coward · · Score: 0

    No ISP in existence has enough bandwidth from their headend to the rest of the internet to cover every user fully saturating it all the time. (Not the GP, but I thought I'd chime in.) This is the ISPs' problem, not the customer's. I paid for x bandwidth, and I should be able to saturate my line 24/7. PERIOD. I shouldn't have to worry about my ISP FORGING (you can argue the technology all you want, but that doesn't change what it is) communications between me and someone else to solve their overselling bullshit problem because they're too fucking stupid/greedy to upgrade their network rather than screwing over the customer. (I also shouldn't need to worry about arbitrary, invisible caps, but that's a slightly different issue.)
  70. if only everybody would do that... by big_paul76 · · Score: 1

    Well, it'd be great if free-market dynamics would solve this problem, but I'm not optimistic... After all, what portion of comcrap users use bittorrent? Of those, what fraction are informed or inclined to understand this kind of stuff? I picture somebody like my girlfriend's parents, who own 2 laptops and a desktop, but when I try and tell her dad that he should turn on his wi-fi encryption, I can see his eyes glaze over as if I'm discussing the finer points of ethnic puppetry or something.

    Comcast knows this, in fact is probably _counting_ on it.

    Personally, I love free markets. The problem is, we just don't see them very often. The closest thing I've seen to a free market is illegal drugs.

    A market should be a place where, if I don't feel I'm getting sufficient 'value' for my money, then I go to someone else, and eventually, both buyer and seller feel they're getting a 'good deal' or a 'fair deal'.

    So in something like ISPs, where most people in North America have the choice of nearly identical products from nearly identical service providers, can a market even be said to exist in the first place? If Adam Smith was alive, I think he'd describe the alleged 'market' for internet service as a oligarchy or duopoly, but definitely not a free market.

    If a market doesn't properly exist, then free market forces aren't going to work. I personally suspect Comcast et. al. full well know this, and they count on it. Otherwise, why make campaign contributions?

    --
    The plural form of "anecdote" is "anecdotes", not "evidence".
    1. Re:if only everybody would do that... by Thundersnatch · · Score: 1

      The closest thing I've seen to a free market is illegal drugs.

      This is a very poor example. The supply side is artificially constrained by the government... how is that a free market?

      The closest thing to a truly free market is something like the early days of eBay, where prices were truly set by demand, and the supply of goods and services was nearly unrestricted.

      Today on eBay there are crimials, cartels, and shills driving to manipulate auction prices and defraud buyers. So eBay has become far more heavily regulated, and therefore far less open a market.

  71. One should hope so--Victory for "I" rights. by Anonymous Coward · · Score: 0

    "If I were on Comcast's Internet service, I would be paying for the ability to communicate with other people to accomplish various legal tasks. And if there is anything to learn in the past few days immediately following the release of Gutsy Gibbon, with Ubuntu.com completely hosed as far as I can tell, there are legitimate, much-needed, legal ways to use peer-to-peer services. If this isn't the fundamental reason for signing up with an Internet Service Provider, to be able to communicate with other computers, what is?"

    Well a gun is likewise legal and can be used in a legal manner. However society likewise has the right to impose upon your usage of said gun for the benefit of society. Comcast is doing what it's doing for the benefit of it's society aka customers. Why should your right to P2P be to the detriment of others on the same network? Were do my rights start when yours apparently don't end?

    "In short, if I were on Comcast's Internet service, I would be paying them to deliver network packets, that's all. At best, Comcast has engaged in an egregious breach of contract by deliberately interfering with my ability to get packets from A to B."

    What about the breach of contract by the customer running a server? Why the lopsided viewpoint? Think a courtt will not notice?

  72. New P2P lawsuit defense: by Kaenneth · · Score: 2, Interesting

    Comcast forged the packets that appeared to come from the address they claim was assigned to me at that time.

  73. Re:More than just p2p, FTP also by TwoAtHiOne · · Score: 1

    I use FTP over a VPN to back up some files (mput *). The big files slow down to about 20% of advertised upload speeds after maybe 10 seconds or so, while small files just fly.

  74. allahu akbar! by Anonymous Coward · · Score: 0

    curse the non-believers! down with comcast!

  75. Re:Well - they are denying it (lying about it) by BanjoBob · · Score: 1

    What a Crock! Comtrash techs that visited my home confirmed that ComTrash was throttling my network. They were charging me for 6 MBit and delivering 1 MBit. Finally, after numerous complaints, they fessed up that they were, in fact, throttling EVERYBODY here to make bandwidth available for their new TV and Telephone digital services. They were suprised that I noticed but, they also refused to correct the situation. So, I dropped their over priced less-than-T1 service and got DSL at 1.5 MBit for about 1/3 the price of ComTrash's rip-off for their falsly advertised 6 Mbit.

    --
    Banjo - The more I know about Windoze, the more I love *nix
  76. Fricken lawyers by r0b!n · · Score: 0

    Other lawyers seem to have smelled blood, and are circling in the water.

    Fricken lawyers with fricken lasers on their heads.

  77. ipfw rule :) by kimvette · · Score: 1

    ipfw add deny tcp from any to any 6890 in tcpflags rst

    --
    The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
    1. Re:ipfw rule :) by Anonymous Coward · · Score: 0

      They're forging packets in both directions, so your peer still gets the RST and drops your connection. Unless you get lucky enough that your peer has applied the same rule, you're not doing yourself any good.

  78. You must be new here by Anonymous Coward · · Score: 0

    ISPs are not common carriers like phone companies.

  79. Does AJAX smell like BitTorrent? by BillX · · Score: 2, Interesting

    For the last several months, attempting to send messages or connect to the chat feature in Gmail from Comcast (and only Comcast; plugging the machine in at work does just fine) consistently fails with a "please try again" or similar generic error message. Adding an 's' (as in, https:/// ) to encrypt the traffic fixes this.

    --
    Caveat Emptor is not a business model.
  80. Comcast by fjpsea · · Score: 1

    So, Comcast DSL can actually become faster? its comcastic

  81. You want the truth? by dpastern · · Score: 1

    They'll probably get away with this shite - I mean, the RIAA and MPAA owns lots of nice US gangsters, oops, I mean politicians. Perhaps the US government should get Wolfowitz "wolfie" involved, I mean he has lots of prior experience of helping the rich get richer, the powerful stay more powerful, and fucking over the normal, average person. Sadly, Australian ISPs are following the US lead (what is it with following the US?), and illegally tampering with people's connections. Proving it is awkwardly difficult, at least for the average consumer. No government is interested in protecting the rights of the ordinary citizen, they're too busy playing to the will of the rich and the powerful, and working out new ways to lie to their constituents and enforce more forms of control over the normal populace. Nice eh? Dave

    --
    Our lives begin to end the day we become silent about things that matter. --Martin Luther King Jr.
  82. Forgery by Anonymous Coward · · Score: 0

    They spoof the packet ID so that it resets the connection.

    If the NSA aren't allowed to spy on US citizens' web traffic, the data goes to the UK so they can spy on it. This necessarily entails going outside the state and likely through other states. If AT&T were sending the information to the NSA or DHS (which in the UK is a furniture chainstore), unless they are in the same state, this information will go out of state.

    And it's still fraud fording the ID of someone else even if it doesn't go out of state.

    "Slashdot requires you to wait between each successful posting of a comment to allow everyone a fair chance at posting a comment.

    It's been 24 minutes since you last successfully posted a comment"

    Hmm. It knows it's been 24 minutes but doesn't think it's been a long time between postings...

    POS.

  83. Tagged by kimvette · · Score: 1

    Tagged this one: censorship netneutrality unlimitedinternet fraud

    So much for "unlimited Internet"

    They really ought to call it "unlimited access to the comcast.net portal, access to everything else has to be approved by us." ;)

    I still can't get FIOS at home or at work - they will still run it only into single-family homes and into single-business structures around here. However once they do I'm thinking of switching. I download linux distro updates all the time, and last I checked that is legitimate content. Comcast should not be in the business of discriminating network traffic unless it's malicious and intended to disrupt the Internet at large (such as a worm or DDoS).

    --
    The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
  84. But what about the criminal aspects? by zenetik · · Score: 1

    I think a more important issue is the possibility that Comcast is breaking some federal and state criminal laws by using hacker tactics to thwart filesharing. Comcast is pulling a Man-in-the-Middle attack which amounts to fraud and impersonation, not to mention Denial-of-Service. My state law, for instance, makes the following a criminal offense: "Causing computer output to purposely be false for, but not limited to, the purpose of obtaining money, property, or services for oneself or another by means of false or fraudulent pretenses, representations, or promises."

    I think Comcast is certainly falling into this general area of computer crime.

    1. Re:But what about the criminal aspects? by monxrtr · · Score: 0

      "Causing computer output to purposely be false for, but not limited to, the purpose of obtaining money, property, or services for oneself or another by means of false or fraudulent pretenses, representations, or promises." That's good. Here's how you can make it even more expensive for Comcast to defend. Bring a civil class action suit AND bring 50 separate State suits AND an additional Federal suit. This is the Eliot Spitzer way which leads to money and political advancement. Let Comcast pay out of their own pockets for networking every school in the country out of settlement dollars akin to the tobacco companies settlements.

      Hell, bring separate suits for separate issues too. Maybe we can tack on some Spam Act penalties, interstate commerce violations. And let's not forget, Comcast SENIOR MANAGEMENT is subject to FEDERAL IMPRISONMENT along with civil forfeiture penalties under Sarbanes-Oxley.

      And then when Comcast loses these lawsuits, bring share holder class action lawsuits alleging negligence.

      DO YOU HEAR US COMCAST?! Don't mess with free speech, unless you want to go down the same way the RIAA and MPAA are gonna go down.

      P.S. When you release your P.R. statement addressing this issue, like AT&T did for censoring concerts it was sponsoring, for shits and giggles it'd be nice if you drop some names of those you fired in your legal and management departments.
      --
      "From DNA to P2P, we are all Copycats now. Go Go Copycat Power! Copycat Powers activate! Form of, a Copycat." --monxrtr
  85. Also resets during safari sessions by Douglas+Goodall · · Score: 1

    I purchases a firewall box to put between my development computer and my comcast high speed internet. I kept receiving email from the firewall during safari sessions with ebay. I couldn't explain why I was getting the resets from ebay. I find this upsetting.

  86. so, implement email over bittorrent? by Anonymous Coward · · Score: 0

    If it's illegal to hinder email, and you build an email server that transfers email over bittorent, can you sue?

    Ignore the fact that bittorent is not the medium of choice for email transmission.

  87. todays sign of the apocalypse by EdelFactor19 · · Score: 1

    a congressmen who actually knows something about technology and says something intelligents:

    http://politics.slashdot.org/article.pl?sid=07/10/25/164247&from=rss

    --
    "Jazz isn't dead, it just smells funny" ~Frank Zappa
    EdelFactor