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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?"

16 of 378 comments (clear)

  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.
  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 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!
    2. 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.

    3. 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.

  3. 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.

  4. 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.
  5. 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 profquad · · Score: 4, Insightful

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

      Lucky.
  6. 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
  7. 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 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?"
  8. 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.
  9. 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.

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    -- The act of censorship is always worse than whatever is being censored. Always.
  10. 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.)

  11. 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