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FCC To investigate Comcast Bittorrent Meddling

An anonymous reader writes "FCC Chairman Kevin Martin said Tuesday that the commission will investigate complaints that Comcast actively interferes with Internet traffic as its subscribers try to share files online. A coalition of consumer groups and legal scholars asked the agency in November to stop Comcast from discriminating against certain types of data and to fine Comcast $195,000 for every affected subscriber. While known for months in tech circles, the issue wasn't given broad attention until an Associated Press report last year, in which reporters tested and verified the data blocking."

27 of 196 comments (clear)

  1. Who is behind on their payments? by Adambomb · · Score: 4, Interesting

    Given the recent stories related to chairman Kevin Martin, one has to wonder if this is fitting a suddenoutbreakofcommonsense or just that cable companies havent kept up their "lobbying" efforts or stepped on some toes.

    I sincerely hope its the former, but i'm cynical enough to expect the latter.

    --
    Ice Cream has no bones.
    1. Re:Who is behind on their payments? by DCTooTall · · Score: 5, Interesting

      Honestly I'm kinda wondering about Martin. He'd way too...wishy-washy. I kind of get the feeling that he may be more likely to have a personal issue against the CableCo's, or is trying to cause them more trouble to help the telco's get into the market. Now... the whole bittorrent thing.. Kinda hard to ignore it. It's pretty obvious after the AP story that something is fishy, and if he didn't do something he'd be a lot harder pressed to explain his actions. Besides... it's another reason to go after the Cable companies.. and comcast in general.

      Now.. you may ask why do I think Martin has a thing against the CableCo's in particular while all about helping the Bells? Let's see... he's authorized the AT&T Merger with BellSouth, helping to recreate one of the largest utility monopolies and the largest ISP out there.....Yet then starts trying to force a 70%/70% ruling on the Cable Companies in order to try and gain additional control over the Cable Industry. He then tries to cap the amount of the market which the CableCo can own at 30% (Call me crazy... but I'm pretty sure some of the bells already have that percentage, if not more....).

      There's also the whole factor of Franchise agreements. For YEARS (Decades even), In order for a cable company to come into a town, they had to negotiate with the local government for the Franchise. This Franchise agreement included payments to the local Gov'ment, Community Access channels, and honestly, a little bit of a way for the local community to excert pressure on the cableco to provide decent service thru the renewal process. (although admittedly few Gov'ments truly exercised this ability like they could've). When the Bells started wanting to offer TV service thru FIOS or AT&T's UniverseTV product, they discovered they would be legally required to negotiate with the local communities Franchising groups in order to be able to offer service. They didn't like this Idea....So they had the FCC remove the local community's ability to control who could offer service in their community by allowing the Bell's to instead get a state-wide Franchise. (Time Warner has appearently taken advantage of this ruling in Wisconsin by applying for and getting a state-wide Franchise in that state..).

      Besides removing a large hurdle for the Bell's to now offer Television services at well, it removed the local community's ability to force the providers to offer local access television. (Gov'ment billboards for announcements, classic Public Access TV, etc).

      What I'm also wondering about is how He authorizes a large merger so we basically now have only 3? Large national telcos (Verizon, AT&T, Quest.....with other rural players and 2nd teir players like Embarq). He removes a large barrier for them to enter the TV market.... and after at least one CableCo takes advantage of that removal, He then starts trying to limit the amount of the market which the Cable-Co's can be in.



      Needless to say.... I don't believe Martin is necessarily doing anything out of the goodness of his heart, or because "it's the right thing to do"..... But even if his motives aren't exactly the best, if his agreeing to look into this helps set a legal precedent for Network Neutrality... I'm all for it. (It might be interesting to see however if he either chickens out on being severe in the punishment.... or even kinda let the issue slip to a back-burner to be forgotten about, rather than do something that can bite the Telco's in the butt later.)

    2. Re:Who is behind on their payments? by alshithead · · Score: 5, Insightful

      "Honestly I'm kinda wondering about Martin. He'd way too...wishy-washy. I kind of get the feeling that he may be more likely to have a personal issue against the CableCo's, or is trying to cause them more trouble to help the telco's get into the market. Now... the whole bittorrent thing.. Kinda hard to ignore it. It's pretty obvious after the AP story that something is fishy, and if he didn't do something he'd be a lot harder pressed to explain his actions. Besides... it's another reason to go after the Cable companies.. and comcast in general."

      I think "wishy-washy" is generous. In my opinion he's not "wishy-washy", he's an administration corporate servant. The only reason that he's said he will investigate is that he thinks that will show the public that he is following his job description...minimally. If you think that his investigation will find that Comcast consumers have been denied their rights then think again. The quote I saw in another article today stated quite specifically that he knows and feels that providers have the right to "manage their traffic". I can just about guarantee that the FCC will find that "in the interests of all users, those sharing files (even if legitimate) must have their traffic delayed in order to provide the best service to all users". He won't even think about exploring the fact that providers over-promise services and should instead upgrade their infrastructure to provide those services as promised versus putting the brakes on traffic that might compromise overall end user satisfaction. What a crock.

      --
      I reserve the right to think for myself. Others' opinions are optional. Puppy on lap = typos...not illiteracy.
  2. Comcast == evil; by kurt555gs · · Score: 5, Funny

    I am a Comcast subscriber, and I really resent that they charge me 50+ BUX per month for "unlimited" internet, but when I want to download a linux installation DVD via BitTorrent, I can't.

    I really do not see the Republican controlled FCC doing anything about this, however it is a good start to at least say they are investigating.

    --
    * Carthago Delenda Est *
    1. Re:Comcast == evil; by Adambomb · · Score: 4, Interesting

      I really do not see the Republican controlled FCC doing anything about this, however it is a good start to at least say they are investigating. I do have to take exception to that statement, while i agree with this most likely ending with nothing new. Look into FCC policies during american democratic administrations, or hell even hillary clintons current views on the subject.

      Sucks all around.
      --
      Ice Cream has no bones.
    2. Re:Comcast == evil; by nelsonen · · Score: 4, Insightful

      It stopped being just "their network" when they signed agreements with local governments for access to public rights-of-way.

  3. THANK GOD ... maybe by milsoRgen · · Score: 3, Interesting

    /fingers crossed

    I really hope something comes of this... I think it could go either way really, the FCC could certainly side Comcast on the issue. But even if we could get some more truth in advertising in the business I would be happy. Let people know what services you intend to affect.

    Or my personal favorite, not knowing how much bandwidth you're payments actually cover. About half way through the afternoon I drop to 1/6th to 1/8th my 'normal' bandwidth. Till midnight and BAM full speed again... And believe me it don't take much, one DVD .iso of Ubuntu is enough to choke me all day long.

    --
    I'm sick of following my dreams. I'm just going to ask where they're goin' and hook up with 'em later.
  4. Has nothing to do with Republicans by hax0r_this · · Score: 4, Insightful

    I can't believe people around here still believe that they can blame government corruption and stupidity on Republicans. Since the democrats have taken back congress if anything congress has gotten worse on these issues. Where before we would have bills sponsored by a bunch of republicans with maybe a few democrats, and a bunch of democrats opposing it just because they hate republicans, now we have bunches of democrats sponsoring some of the most blatantly stupid and corrupt bills I have ever seen, and bunches of republicans backing them.

    1. Re:Has nothing to do with Republicans by Anonymous Coward · · Score: 5, Funny

      Just blame it all on the Repubemocrats then

      Hold on there skippy!

      You're fooling no one with your obvious attempt to shift blame away from the Demoblicans.

    2. Re:Has nothing to do with Republicans by Jay+Clay · · Score: 3, Informative

      I'm not sure what's been done about this particular issue, but let's not act as if the Republicans haven't played their part in our current government being stagnant. With a year left to go, the Republicans already have the most filibusters in the history of the US, and they blantantly admit that they're blocking votes on stuff to make the democrats look bad. Here's a quote from Trent Lott (the guy who was all about how unfair it was for the Democrats to not give an "up or down" vote for Gonzales): "The strategy of being obstructionist can work or fail. So far it's working for us. The Democrats are the ones taking the blame for not getting anything done."

      They even introduce bills and when it gets to the floor, they block it:

      http://www.nytimes.com/2007/12/12/washington/12cong.html?_r=1&hp&oref=slogin

      The Democrats "taking back congress" isn't as succinct as you insinuate.

  5. Republican? by Quila · · Score: 4, Interesting

    We could get a Democrat FCC that would demand ISPs block all p2p traffic at the behest of the entertainment industry. While they hedge their bets with some Republican donations, they tend to give about two to three times as much money to Democrats.

    Yes, the biggest government whores for the entertainment industry are generally Democrats, led by Berman and Hollings (the latter thankfully recently retired).

  6. Re:Are they doing this everywhere? by jordan314 · · Score: 5, Informative

    Can you seed? Sandvine doesn't limit your downloading, it prevents seeding (though that in turn can slow your downloads down). If you notice all your peers dropping to zero after your download is finished on an otherwise popular torrent, you're being affected.

  7. IT'S NOT JUST BIT TORRENT! by Anonymous Coward · · Score: 5, Interesting

    It's just about ANY peer to peer type data.

    including random drops of google gtalk voice communications.

    random drops of game connections.

    and maybe more. those are just two i've noticed a problem with on comcast. and those two happen ALOT more often if any bit torrent downloader is running. even the damm wow updater.

    its just wrong when its bit torrent. but it wont hurt anything. bit torrent keeps plugging away. but when it happens to the other apps... it's fucking annoying AND wrong.

    1. Re:IT'S NOT JUST BIT TORRENT! by Skapare · · Score: 4, Interesting

      I've seen occaisional SSH connections drop since I started on Comcast. That never happened on dial-up. What it appears to me that they are doing is just taking a small sampling of packets ... such as maybe 1 in 10000. Then it adds the connetion tuple (host:port of each end) to a big hash table without concern of replacements. If the connection was already in the table and is seen again, it forges the RST packet. It won't happen on web connections hardly ever. On connections that last a long time AND have a lot of traffic, it gradually kills them off. It could work with quite few resources that way. For example, a PC could never handle the load of the flow through a backbone router. But if it merely got a small fraction sampling, it would gradually drop most long lived busy connections. Use IPsec to avoid it or make connections automatically restart (like BT already does).

      --
      now we need to go OSS in diesel cars
  8. To net neutrality naysayers: told you so. by DamnStupidElf · · Score: 4, Interesting

    While not network neutrality per se, protocol neutrality is just as important. Traffic shaping is fine so long as it's applied to all traffic and documented in the service agreement. Comcast is proof that corporations can get away with treating Internet customers however they want when they've been granted a monopoly, which makes it the government's business to regulate them if they're going to hand out the monopolies in the first place.

  9. Re:Time Warp by RollingThunder · · Score: 4, Funny

    I don't know about you, but for me, nine days ago was last year.

  10. We need this in Canada by Froster · · Score: 4, Informative

    Rogers Cable has been doing this here for sometime. After people found that encrypted proxies could get around their blocking, they began to block all VPNs. Since that time, their policy has essentially been that only HTTP traffic is guaranteed to be highspeed. Ever since they decided to be a phone company with IP phones over cable, the quality of their internet service has suffered badly.

    If Canada had the power to fine Rogers in amounts like Comcast is being threatened with, that would be a mighty big stick in the hands of the gov't and consumers. Unfortunately, we don't have anything like this as AFAIK so bandwidth throttling is practiced by most of the big ISPs

    1. Re:We need this in Canada by webmaster404 · · Score: 5, Insightful

      No you don't. The FCC has really done nothing other to get us into this mess. First they protected monopolies to "help innovation", these government protected monopolies such as Comcast began to charge outrageous amounts for cable/internet. Whenever a local ISP/Cable company started up they were either absorbed into a huge corporation, charge nearly the same rates for sub-par service or quickly went bankrupt. It is only in the last 3-4 years that independent ISPs/cable companies have begun to pop up and even then they are usually nothing more then an arm of a super-corporation. When the government is involved, individuals always, always, always lose. Perhaps it is different in Canada but here in the US, the only thing government does when it comes to technology is maybe reversing their previous mistakes.

      --
      There is no "disagree" moderation, and troll, flamebait and overrated are not valid substitutes
  11. Re:Who cares if they block BitTorrent? by Ajehals · · Score: 3, Insightful

    I agree that if you are hosting anything you really need to be using a 'business class connection', if you are using a connection for work or for anything critical you need a 'business class connection', not for the transfer rates (it seems the lowest tiers at the business level are no different from ADSL/DSL connections) but for the SLA that (should) accompany such a connection*.

    In return however the ISP should provide the service being paid for. If you are paying £X for X 'Speed' with 'unlimited downloads', then that should be what you get, whether by simply browsing the web, watching on-line video, listening to on-line radio or seeding the latest Debian ISO's as a torrent (I'm seeding the whole lot at the moment because I feel I should use the bandwidth I have...).

    Peer-to-peer traffic is not client-server traffic, and it is normally non commercial, and as to whether it is legitimate content being passed is not a concern of the ISP anyway (do they block spam, viral or malicious code, libellous comments? No. If there are terms and conditions attached to a service those should be clear (that way a customer can make an informed choice), there is nothing wrong with an ISP preventing end users from running a given type of server or use the connection in a certain way, but it must be clear when the user signs up.

    Lastly, it is up to the Linux distributions how they distribute their ISO's, Bittorrent is perfect for this even if other methods are available and have been (and are) used, so your comment relating to how Linux should b distributed is slightly valid, but unfair and short sighted, especially given that those organisations providing Linux distributions are not all corporations so splitting the load is sensible. Bittorrent *is* used by people who wish to transfer material in breach of copyright because it is fast, practical and can be fairly anonymous but that is not its sole purpose and it is just as easy to use other methods to distribute that material as it would be to use alternate methods to distribute Linux.

    People who distribute material in breach of copyright law should be punished to the full extent of the law (even if the law in question is at this point fairly insane), they are aware of the penalty's and still take the risk of doing it, but there is no good reason to ban a whole slew of technologies because they can be used to facilitate distribution. By that logic any uncontrolled storage medium that allows itself to be written to, and any uncontrolled method of data transmission should be banned, we would end up with computers that have similar multimedia capabilities as TV's (without PVR's/DVD players etc..) and radios (without a tape/MD deck), with the added benefit of having to pay for everything on a PAYG basis.

    *Any Slasdhotters that have ever worked in technical support for an ISP will be familiar with calls from customers on the cheapest residential deals demanding their connection be fixed because their business relies on it, whilst simultaneously threatening lawsuits...

    PS, not sure if the parent was intended as flamebait so I assumed not, and sorry for losing the plot halfway through.

  12. Re:Are they doing this everywhere? by DCTooTall · · Score: 3, Interesting

    Because of the Traditional Franchise Nature of the cable industry, as well as all the aquisitions and mergers over the years, Most cable companies... and ESPECCIALLY the actual network, are not necessarily one big common shared network. Basically you could have your National Corporate level, Your Division, and then a local region and even the individual systems within that region. All could have their own policies and guidelines....or way of doing things. While some people in Comcast Territory could be in an area they've deployed sandvine, Other Comcast covered areas may not have deployed it, or just implemented it yet. Keep in mind that putting something like Sandvine on the network isn't necessarily as easy as plugging it in, and making it work.... especcially if you are in an area which was covered by another area as recently as a year or 2 ago.

    For instance.... I know Adelphia was split between Time Warner and Comcast a few years ago. Adelphia may have had 1 way which they designed their cable network and backend systems. The aquiring company may have another. Making ANY changes is a slow and drawn out process because you have to be VERY careful to avoid any negative customer impact. (IOW's... you can't just unplug a system from one network and instantly plug it into another. You could risk customer outages.. breaking networks because a router is on the wrong VLAN or ip collisioning with another item on the new network.). i'd honestly thing that throwing something like Sandvine would be more of a clean-up/tweaking of the network kind of job, after you've got everything working and talking on a common network. Not something you'd just throw in there off the bat, and then try to get everything up to the standards everything else is on.

  13. No, bandwidth is not unlimited... by gillbates · · Score: 5, Insightful

    But the cable companies market it as if it were.

    They chose to use the term unlimited usage, and if they don't want to offer unlimited access, they should change their TOS.

    There's nothing criminal or unethical about expecting a company to provide what it has promised. Some of us would be quite willing to pay, say, only $10 per month for a 1.3 Mbs connection, even if it came with a 5 GB/month transfer cap. But the cable companies won't do that. Instead, you have to buy their unlimited plan, and pay for bandwidth that you don't even use.

    And the cable company will happily resell your unused bandwidth to others. It's called capacity planning, and they use statistical analysis to figure out the bandwidth that most people will actually use. Problem is, they have a financial interest in fully utilizing their equipment, i.e., buying only as much as needed. Which, when their estimates are wrong, results in lousy service for customers. Your problem is not that you are paying for someone else's bandwidth, but rather, that the cable company is making you pay for bandwidth they don't expect you to use.

    Your torrent-hosting neighbor is simply using all of the bandwidth for which he paid. He's not using yours. (That is, unless he's owned your box, but that's a different thread entirely...)

    --
    The society for a thought-free internet welcomes you.
  14. Re:Are they doing this everywhere? by webmaster404 · · Score: 3, Informative

    Are you encrypting your BT traffic? If so then Comcast thinks it is just normal traffic like HTTP/FTP and will let it go.

    --
    There is no "disagree" moderation, and troll, flamebait and overrated are not valid substitutes
  15. Re:Are they doing this everywhere? by DCTooTall · · Score: 4, Interesting

    Actually, according the original reports I read, Encrypting the traffic didn't really help. It was something about how the Sandvine system was actually going off the nature and pattern of the traffic, not just the ports or contents of the packets.

    It was because it was going off traffic patterns that people were reporting problems with programs such as lotus notes as well.

  16. Hello Mr. "Law" by Foamy · · Score: 3, Funny

    I'd like to introduce you to a person I think you will be fond "of".

    Please meet Mr. "Unintended Consequences".

  17. Cost by Scutter · · Score: 4, Insightful

    to fine Comcast $195,000 for every affected subscriber

    *sigh* Well, I guess I can expect my cable fees to go up again. I wonder if this will be called a "Federal cost recovery fee" as a line item on my bill.

    --

    "Tell me doctor, with all of your defenses, are there any provisions for an attack by killer bees?"
  18. Re:Who cares if they block BitTorrent? by RobertLTux · · Score: 4, Insightful

    okay so lets do a car analogy you pay $Station for "unlimited Gas" @ $2000 a month
    and you are told single car only now what $station doesn't know is you drive a SUV
    and you drive a lot so you are clicking what would be $90.00 bills almost daily so
    instead of asking you to switch to a larger plan or tell you that you getting to much
    they start dropping the octane on your gas to say 30 octane (from the 87 you are supposed to get)
    or they always seem to have problems with the pump you are at.

    For a Gas station these would be suicide (and in the octane case a felony) why is it okay for ISPs?

    --
    Any person using FTFY or editing my postings agrees to a US$50.00 charge
  19. Life long lasting Impression by DeanFox · · Score: 3, Insightful


    Awhile back a big brewhaha went down with my local cable company and they scheduled a hearing with the government oversight committee. A FCC type local commission that governed the cable company monopoly.

    I tuned in 10 minutes late but watched the hearing. for 40 minutes I watched 5 cable company executives on the bench defend their actions against accusations from the committee.

    What I messed in the first 10 minutes were the introductions. I was wrong. The accuations were coming from the consumers. The five on the bench were the commission. There are certain epiphanies in life that just stick.

    I have zero faith this FCC "investigation" will result in anything but new laws that forbid the consumer from exposing proprietary company practices with stiff fines and jail sentances for bloggers, etc. who expose company secrets. Maybe a new law making packet sniffing illegal. They'll figure something out.

    -[d]-