FCC Considers Taking Action Against Comcast
Presto Vivace writes "According to CNet the Federal Communications Commission is considering taking action against cable operator Comcast modifying peer-to-peer traffic, a subject we've discussed here in the past. 'It looks like Chairman Martin, and by extension the commission, sees Comcast as going beyond simply managing its network. But even if the FCC decides that Comcast has violated Net neutrality principles, it's unclear what the agency can actually do to Comcast. The principles are not agency regulation.'"
When big business (or advocacy groups) can abuse consumers and no one intervenes until there is a problem (even when it is illegal, or wrong), and there is NO punishment for doing so ... why would they conform?
Ask not what you can do for your country. Ask what your country did to you
How about taking another action against comcast for being a monopoly to those that have absolutely no alternatives because of where they live.
Answering the question "what can the FCC do": I would assume that they could take their license away, as the final threat.
I don't think the Comcast situation has much to do with net neutrality. Lack of "net neutrality" would mean that a service provider slows down some traffic and not other traffic. So your bittorrent might take 12 hours instead of 1, but work without problems. But that is not what Comcast does: They actively manipulate the traffic that goes through their system, sending fake abort messages to bittorrent clients. That, I think, could be very much in violation of whatever license they need.
If I sent you a letter and it arrived in five days instead of one day, I would complain. If the post office deliberately threw away my letters, I would complain a lot louder.
I guess the check cleared.
While I am hopeful that the FCC does act, I have about 0 faith in Kevin Martin.
Kevin Martin was an aide to Bush/Cheney in the 2000 election, he worked the Florida recount, he was coat tailed in as an aide in the transition from Clinton, was appointed to an advisory position once Bush took office, his wife was given a job as one of Cheney's aides, and since late 2007 he has been under investigation by Congress for abuse of power, and working to reduce the effective power of the FCC.
-Rick
"Most people in the U.S. wouldn't know they live in a tyrannical state if it walked up and grabbed their junk." - MyFirs
It definitely seems that the volume of calls from **elected officials** for the restructuring of the FCC is directly proportional to the FCC's attempts to reign in non-neutral networking practices.
Look where all this talking got us, baby.
As long as they don't flash a nipple on TV, the FCC won't do anything. It's like Ed Meese or John Ashcroft work there.
More music, fewer hits
Excerpt from ruling......
Bad Comcast, Bad Comcast, Bad.
We're sorry we had to be so harsh.
The prior FCC's head. He said once, to the news, and I quote "I literally have no idea what the public interest is." unquote.
That pretty much sums up the FCC. So don't hold your breath, the FCC is there to mouth words that the the religious right wants to hear and to support the oligopolies that keep American telcom mired 10-15 years in the past.
I am a comcast customer (fortunately or unfortunately, take your pick). On the island where I live they are the only broadband internet provider. I haven't had any problems with speed or connectivity when using torrents and I will admit that while I do leave several legal torrents open at night and on the weekends there are those that are not so legal from time to time. I routinely can grab a CD's worth of data in an hour or two without any problems. Last night before going to bed I queued up over 4 GB worth of downloads and they were all finished by the time I got up 6 hours later.
/.'ers?
I haven't experienced any of this slow down or even ask other comments have suggested the "end packets" or whatever that mess up my downloads. Perhaps it happens to be the fact that I live in a smaller metropolitan area that the rest of the
But in any case, what should I look for to see if it is happening to me? I admit I haven't had much interest in digging deeper since it doesn't seem to be happening for me, but would like to delve deeper if the signs of traffic shaping are more subtle.
FCC will issue a written warning to comcast to stop such practices, slap a $500 fine and close the file.
Comcast will continue to stop Bit Torrent until it can find a way to make money off it.
FCC's Martin will resign in Jan 2009 and join Comcast.
"Doing what i can, with what i have." ~ Burt Gummer
The way Comcast's system works is, when Alice communicates with Bob, sending forged packets that impersonate Alice saying, "Bob, never mind - cancel the connection."
If I'm Alice, the Comcast customer, I would find it fraudulent to see a company sending forged packages as me. Why should it be hard to punish Comcast for impersonating me and disrupting my communication with someone else?
If Comcast is allowed to send forged IP messages, are they also allowed to forge emails from me that disrupt my communication with those people?
|/usr/games/fortune
Yes! But, unfortunately, their lobbyists got the politicians to give them local monopolies. So, therefore, they won't lose customers unless their customers are willing to do without.
I prefer Flambe as apposed flamebait.
I haven't experienced any of this slow down or even ask other comments have suggested the "end packets" or whatever that mess up my downloads.
Duduuuude! The FBI is setting you up! Get out!!! Now!
I prefer Flambe as apposed flamebait.
But even if the FCC decides that Comcast has violated Net neutrality principles, it's unclear what the agency can actually do to Comcast
If Comcast is messing with the content going over their cables, then they should no longer be allowed common carrier immunity for that content. This makes them liable for every bit of pirated media, kiddy porn, libel and spam sent over those cables.
A few lawsuits ought to wake them up, I'm sure Comcast has pockets deep enough to attract a few contingency lawyers.
-- Alastair
Can the FCC fine Comcast? I look forward to them passing down the losses to me. :(
End transmission.
I'd say that a 70% reduction in broadband rates -- retroactive -- is very much within the ballpark for this.
"It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
That's like the phone company saying that you talk too much, and in order to slow down your talking they will suddenly and without warning hang up both telephones on the two ends of the conversation for you. Since you have a Redial button, this should only be a minor inconvenience for you at most.
"It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
The FCC is actually going to do something by, for, or of the people? I think every rational constitutionalist in the country just had a collective heart attack. Aren't these the same guys that effectively gave every radio station and television network to these five corporations:
AOL/Time Warner
Viacom
News Corp
Bertellsman
Disney
?
I'll believe it when I see it. Until then I have my rifle loaded and my FM transmitter on high.
I hold very few opinions. I hold information based on observation and fact. If you wish to disagree, please use facts.
Any ISP that says they do not manage their network is lying.
Any ISP that does not filter out spam, viruses, and trojans is doing a disservice to their customers.
I agree that communication from ISPs and their customers could be better about their policies, but the real issue is that a tiny fraction of cable customers use a majority of bandwidth. These customers need to be delt with, and the rest need to be left alone.
My comments here are my own; I do not speak for my employer.
Comcast's business model largely depends on making deals with local governments to get a monopoly. Deliberately making their service unreliable, could be viewed as some sort of acting-in-bad-faith breach of contract.
As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
Guess Comca$t will just put the FCC on the $1,000,000 cable plan.
Unfortunately, I'm sure it's nothing that a big canvas bag with a money sign on it can't fix.
assets to somebody else would take care of that problem.
There would be NO ComCast bills passing on the cost because there would be NO MORE ComCast.
It is perfectly ethical to TERMINATE ComCast when they do something illegal.
(They're NOT a living being. You can't kill them. But you can dissolve them.)
Imagine how delighted one of their current competitors would be at picking up their assets and their customers at fire sale prices.
MSBPodcast.com The opinions expressed here are my own. If you don't like 'em... Think up your own stuff.
I hope this doesn't affect my net storage there. :/ I've stored a lot of my stuff on my account and I hope it doesn't get deleted.
-Aegis Runestone-
You threaten the CEO, the CFO, the CIO, et al, with charges of fraud under Sarbanes-Oxley. See WorldCom. See Enron. Back up the truck with all the motions and charges copies + pasted to Comcast executives. If the FCC cannot handle this itself, then forward on to the Department of Justice. Also notify the GAO, Congressional Committees and Subcomittees that the FCC is incapable of performing their duties, and recommend dissolving of the FCC and/or firing of the members of the FCC. The FCC can get a written statement signed by the CEO that Comcast will not in the future discriminate against arbitrary file types or traffic and settle now for a paltry $1 million fine, without admitting or denying guilt. If Comcast refuse, onward to swearing in the executives under oath, and investigating them the same way Major League Baseball steroids were just investigated.
This currently need not to be any more than a warning shot across the bow of the Comcast, as long as in exchange you put into the record the intent of Comcast not to discriminate against traffic and file types in the future, such as fake packets terminating P2P connections. If they refuse, gather testimony from businesses who have data which may be effected by Comcast abuse, such as from Vonage.
This would be a win for the FCC, making them look good (and let's face it, they desperately need some good PR), a win for consumers, and a win for businesses which compete against Comcast. A 3-2 vote to draft the settlement letter is of sufficient political expedience.
"From DNA to P2P, we are all Copycats now. Go Go Copycat Power! Copycat Powers activate! Form of, a Copycat." --monxrtr
The FCC can issue regulations with out the existence of precise laws to back them up. For instance, there is no law (at least not that I am aware of) that specifically states that the words shit, fuck, cunt, tits, motherfucker, and cocksucker are barred from use in public broadcast, yet the FCC can yank your license for saying them. Yet pussy, twat, turd tapper, asshole, etc... are acceptable.
If Comcast is a common carrier, it is by definition serving the general public under the license and limitations of the FCC. The FCC can regulate them how ever they want. Hell, they could make 'Hawaiian Shirt Friday' a mandatory event for any organization that wishes to remain licensed as a common carrier.
The FCC's power is a bit like patents. It is only as strong as the lawsuit that would ensue. While most proactive leaders would use their power to push the boundaries of regulatory power forward, the regulatory powers under Bush's watch have largely abandoned their powers. Heck, it took a lawsuit from MA just to make the EPA to regulate green house gases in exhaust from cars.
So if someone sues the FCC, or any government regulatory body, the can use existing laws to force the body to change the regulations. They can lobby congress to pass laws that change the body's ability to regulate. But the specific regulations are up to the regulatory body.
-Rick
"Most people in the U.S. wouldn't know they live in a tyrannical state if it walked up and grabbed their junk." - MyFirs
While throttling bandwidth is important I think the government should expand their investigations to include general business practices. And they should include all service providers including cable, satellite, mobile phones, etc. Start by investigating pricing structure.
What justification do these companies have to raise rates every year? Why have mobile phone companies raised text messaging rates to 20 cents per message when it probably costs them a fraction of a cent to transmit them? We pay more for our internet than most of the rest of the world and suffer with subpar service.
Why are pricing packages offered by all competitors virtually identical. I don't mean somewhat similar; I mean exactly the same, beginning pricing and ending with so-called incentives and features. They love signing people up for features they didn't request and locking them into contracts.
Why do the people at these companies feel compelled to resort to dishonest business practices? They talk about the importance of the free market but then seem eager to do everything they can to drive people to embrace regulation. The sad thing is that people really have more control in all this than they'd like to believe. But unfortunately most consumers seem content to put up with this crap. In some ways I see why; we don't have any choice.
I can choose not to have a mobile phone, which I've considered doing. I can dump my internet service. But for various reason they've become necessary tools. So in the end I'm stuck dealing with this garbage regardless of what provider I choose. So in the face of all these problems that FCC investigation is insignificant and doesn't address the larger issues.
I'll even take back one of those fuck yous, and stop listening to that "Fuck the FCC" song quite as often...
I wish that OOXML was as much a controversial subject as net neutrality.
So you guys couldn't convince voters to approve of an effective government take-over of the entire US-based internet, so you made up "Net Neutrality Princples," and go caterwauling when the world doesn't pay attention to your novel, made-up "principles?" This isn't reporting, this is loser POV pushing.
Slashdot: Playing Favorites Since 1997
The proper place for this is in the courts. If Comcast violates its customer contract, they should be sued. Believe me there are more than enough trial lawyers out there that will pay for this themselves on the hope of future earnings. Its their network and whether or not you and I believe net neutrality is moral, right, wrong, legal or illegal, they have the right to control, patrol, fuck with, etc, their own network to the extent that they don't violate their contracts or the law. There are no net neutrality laws AFAIK, and I personally think giving the government ANY regulation powers or control of the internet is a horrible idea. If Comcast continues to limit availability of certain protocols then competing ISPs and community sponsored networks will fill the void. This has already happened in many areas.
I think a good analogy is if your bank limited how many ATM transactions you could have in a month and you didn't like it. You could try and pass a law to make the bank give you more or unlimited transactions. Or you could join a community bank such as a credit union with like-minded people and set the policy to allow unlimited transactions. If enough people agree with you they'll switch to the credit union. After the bank lost a significant number of customers they might remove the limit as well. Now if the bank had agreed NOT to limit transactions when you signed up, then you could sue the bank for violating their contract.
Regarding the FCC... The FCC has no authority in this domain (nor in most other) and is not even a legitimate agency under the US Constitution. Their only power with even a tenuous link to legitimacy is controlling radio frequency distribution and protecting property rights claims on said frequencies. Their content-control and fines are contrary to freedom and they should be completely dispanded or at least radically shrunk in size and scope.
You know, only in the US is calling someone 'liberal' or 'a liberal' a slur. Everywhere else (important? lol) in the world (Okay, well - the EU and canada), liberal is just saying that someone has a left-ist view of politics.
... but if they don't regulate the companies themselves, then it is pointless!
Anyways, the government thinks that by regulating cable, it is keeping prices down - which it might be (the cost of infrastructure is lower, because you only need ONE system)
Really, it's not. It's about Comcast performing MITM attacks on a mass scale. We've got laws to cover this shit, I'm just waiting for the suit to come in. Calling this network neutrality is only going to hurt the overall arguement for it.
www.isoHunt.com
For a full analysis see my blog post for more details.
You are lost in a twisty maze of little standards, all different.
I haven't paid much attention to this as I don't use BitTorrent that much to download to my house, where I have Comcast. I typically download to my colocated box with BitTorrent, and then download via FTP to home once it completes.
However, a thought occurred to me, as a work-around until this issue is "fixed." The problem, from what I've read, is that Comcast is sending spoofed TCP RST packets. I'm assuming this causes the peers to tear down, or at a minimum have to re-establish a TCP session.
How much overhead would it add to add TCP MD5 signatures? I know we use this with BGP so that no one can fake RSTs which would cause routing peers to drop and major routing flaps (RFC 2385).
Could TCP MD5 signatures just be added to RST packets? What method would be used to share the key (and how to prevent a man-in-the-middle attack?)? I just use BGP and TCP MD5 signatures already built into Cisco products, I didn't design any of it and don't have time to look into these details, however it seems to me that it would solve the problem.
I'm not sure if TCP MD5 signatures work with NAT, so that may be a problem if they do not. Perhaps MD5 is too old, and SHA or something else should be used instead - again, I don't know the technical details, but someone should use the same principle to solve this RST problem, especially if BT is ever going to be a major business software deployment model.
When bit torrent is running on any PC on my network, comcast does not just slow down torrents - even a basic ping to google can take two full seconds. And I'm talking about with a torrent downloading at 10kbps and uploading at 5. I am in the Knoxville area, and I wonder if they are only doing that here because I do not hear about this part of it much.
Original Wall Street Journal Article
Woopty Doo Basil, what does it all mean?!
Let's all just get together and put together an online payment system that's based on Peer-to-Peer communication (and we'll throw in some DRM just for spite). Then we'll send our Comcast payments through the new Peer-to-Peer DRM'ized Payment system and we'll see how quick they are to fuck with the packets then... Also, we'll add specific requirements as to how they can spend the money, how much they can pay their Board and CEO, how often they can jack up their rates, and other fun things-- isn't DRM grand??? Its a terrific system-- especially when its applied EQUALLY in BOTH directions!