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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.'"

38 of 181 comments (clear)

  1. Government Controls Not Working!!! by PC+and+Sony+Fanboy · · Score: 5, Insightful

    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?

  2. Take their license away? by gnasher719 · · Score: 4, Insightful

    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.

    1. Re:Take their license away? by qortra · · Score: 5, Insightful

      sending fake abort messages to bittorrent clients.

      If the post office deliberately threw away my letters, I would complain a lot louder. Given your description of what is going on, your metaphor is not apt. A better one:

      The post office deliberately sends a soldier fake dear john letters, merely because they believe that soldier's girlfriend to be unscrupulous, or because they have grown tired of mailing that soldier's letters to his girlfriend.

      Other than that minor point, I agree entirely.
    2. Re:Take their license away? by dkleinsc · · Score: 3, Insightful

      I would think that a really effective threat would be to take away their "common carrier" status and make Comcast legally responsible for all the traffic going through their network. For instance, since they actively manipulate their traffic, it can be argued they could stop all child pornography, copyrighted material, etc from traversing their network, and since they failed to do so they are liable for its distribution.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    3. Re:Take their license away? by CopaceticOpus · · Score: 3, Insightful

      Taking their license away would potentially hurt the customers even more. The solution is much simpler - money. Fine them, and keep raising the fines until it becomes more cost effective for Comcast to behave. Money is a fantastic motivator.

      I don't know if the FCC has the authority and/or the will to take such an action, however.

    4. Re:Take their license away? by howdoesth · · Score: 3, Insightful

      The mindboggling thing is that his metaphor is far and away the best description of sandvining I have ever seen. The fact that you find it so unbelievable shows just how ridiculous what Comcast is doing really is.

    5. Re:Take their license away? by snowraver1 · · Score: 5, Funny

      Nope, try this example:

      Comcast is like a car, er wait, truck, no... HUMMER and you are behind them in traffic, but you drive a Pinto. All you can smell is the diesel exaust from the Hummer. Then the driver of the hummer gets out and kicks you in the face, but there is a dear john letter stuck to his boot, that is now stuck to your face. You can't see where you are going, so you go home, but when you get there your cat is hanging from the celing with a puddle of water on the ground. There is no evidence of struggle, so obvously your cat committed suicide by standing on a large block of ice and slowly hanging itself. You look at your cable modem and the "sync" light is slowly blinking... no internet. Damn! screwed by Comcast again!

      --
      Copyright 2010. All rights reserved. This comment may not be copied in any way including, but not limited to caching.
    6. Re:Take their license away? by Phisbut · · Score: 3, Insightful

      Taking their license away would potentially hurt the customers even more. The solution is much simpler - money. Fine them, and keep raising the fines until it becomes more cost effective for Comcast to behave. Money is a fantastic motivator.

      Won't Comcast then just increase the price of their service to cover the fines? Their customers can't change ISP to get a better now because they lack choice, they won't be able to change ISP to get a lower price then either.

      --
      After 3 days without programming, life becomes meaningless
      - The Tao of Programming
    7. Re:Take their license away? by AnomaliesAndrew · · Score: 2, Interesting

      I've posted about this before, but whenever we run a Bit Torrent client for the better half of a day, our route to the internet gets lost. Everything still says we're connected and says the status is fine, we just can't get anywhere until we power-cycle the cable modem.

      Additionally I am a Vonage customer, and would be unable to place a 911 call because of this. It's just plain irresponsible corporate greed, seems to me.

      This happens even when Bit Torrent traffic is at a minimum. It's like Comcast is taking the RIAA/MPAA's dirty work into their own hands, and saying it's to make sure bandwidth use is fair for all customers.

      I wonder then why I've never been disconnected like this for using the bandwidth for any other purposes, like hosting a radio stream or FTP server with equal or more traffic.

      I would boycott them if only I had other realistic options, but I don't.

      --
      Move all sig!
    8. Re:Take their license away? by compro01 · · Score: 3, Informative

      cable companies have never been common carriers as far as internet service goes. DSL providers used to be, but aren't anymore.

      what would be the proper course of action would be to remove their DMCA safe harbour status, which would render them liable for any copyrighted material moving through them [that occurs without the right holder's permission].

      --
      upon the advice of my lawyer, i have no sig at this time
    9. Re:Take their license away? by glindsey · · Score: 5, Insightful

      Then how about this: the phone company decides to disconnect your line because although they advertise that their customers can talk for an unlimited amount of time, they think you're just talking way too much, possibly about something they deem inappropriate. You can call right back and continue talking, but they'll keep periodically disconnecting you. When you complain about this to the phone company, they claim that they aren't stopping you from having your conversation; they're just slowing it down a lot in order to manage the number of phone calls on their lines.

      Is that a bit more appropriate to you? It's still grossly unacceptable.

  3. Verizon by Anonymous Coward · · Score: 4, Funny

    I guess the check cleared.

  4. Don't hold your breath by RingDev · · Score: 5, Informative

    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
  5. Comcast is safe... by OglinTatas · · Score: 4, Insightful

    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.

  6. Penalty phase by edwardpickman · · Score: 4, Funny

    Excerpt from ruling......

    Bad Comcast, Bad Comcast, Bad.

    We're sorry we had to be so harsh.

  7. Anyone remember Michael Powell? by gelfling · · Score: 3, Interesting

    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.

  8. A Comcast customer by betamaxV2.1 · · Score: 2

    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.

    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 /.'ers?

    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.

    1. Re:A Comcast customer by dwillden · · Score: 4, Informative

      Look at your upload speeds during and after the D/l has finished. If you have any desire to not be a leech, you should be trying to maintain at least a 1:1 ul/dl ratio. Comcast lets the dl go fine and allows normal uploading while you are actively dl'ing your file, but as soon as your machine finished dl'ing the file the forged resets start going out to both your machine and any machines trying to dl packets from you thus breaking the connection and prventing you from effectively seeding. This makes it very difficult to upload sufficiently to maintain a proper ratio.

      Many torrent sites require a balanced ratio or close to it to be able to participate on their trackers, Comcast makes it difficult (though not impossible) to maintain such a ratio.

      --
      I'm too lazy to compose a creative sig.
    2. Re:A Comcast customer by jc42 · · Score: 2, Interesting

      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 /.'ers?

      Perhaps. But more likely it's just that you're not living in one of their test areas. You see, they knew quite well that their packet-forging "traffic management" technique would be controversial, and probably illegal. Before they extend it to the rest of the network, they first need to determine what sort of fines the FCC will impose. If the fines are low enough to qualify as a "business expense", you can expect their new, improved traffic management techniques to be introduced to your area some time in the next year. You'll be billed a minor surcharge for pleasure of this improved service.

      We can also trust that the other ISPs are watching carefully to determine whether they should be introducing similar traffic management tools.

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
  9. This is what will happen... by freedom_india · · Score: 3, Insightful

    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
  10. Impersonating me by paulproteus · · Score: 3, Interesting

    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
    1. Re:Impersonating me by filekutter · · Score: 2, Interesting

      I may be redundant or incorrect here, but isn't the interception and reconfiguring of packets by another "entity" illegal? Hasn't this been one of the methods used by Federal agencies to prosecute those involved in system intrusion? I seem to remember the EFF attempting to use this in court filings to attempt to stop Comcast's practices but could be mistaken.

      --
      I call computer-illiteracy job security
  11. Local Monopolies by iknownuttin · · Score: 5, Insightful
    Well, in an ideal world, they'd end up with no customers.

    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.
    1. Re:Local Monopolies by utopianfiat · · Score: 3, Insightful

      Well, you have to understand the kind of civil religion that came about in the US during and after the Soviet Union- a lot of people in the states see the free market as the Holy Ghost, Milton Friedman as Jesus Christ, and Ayn Rand as the One True God.
      And if you contradict that with "socialist ideas" (including but not limited to Keynesian economics, trustbusting, welfare, and civil projects), prepare to be derided as one who will "tax the country into poverty".
      I'm not kidding.

      --
      +5, Truth
    2. Re:Local Monopolies by Chris+Mattern · · Score: 5, Insightful

      Ah, so a government-created monopoly is an example of evils of the free market, not an example of problems with socialism. I see.

    3. Re:Local Monopolies by Bagheera · · Score: 4, Insightful

      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.

      Even when there's only one Cable system in town, there are usually alternatives for broadband. Not many, and often not as cost effective, but they are there. DSL is available in most areas, and Satellite is an option even in areas where there's not Cable OR DSL service. If you really want to have first rate service, and can afford it, full T1's are down under $300/mo in some places. Sure it's 5 times the price of Cable broadband, but you're dealing with a whole world's different class of service.

      Personally, I'd love to see the FCC smack Comcast silly for this crap. Cable ISPs and Telco's like to claim Common Carrier protections for a world of things. But they want to be able to filter content and manipulate traffic too, and the FCC needs to put it's Governmental boot down and say "No! You can filter, or you can be common carrier. Not both!"

      Wishful thinking, I know.

      --
      Never attribute to malice what can as easily be the result of incompetence...
    4. Re:Local Monopolies by Mr2001 · · Score: 2, Insightful

      You can't entirely blame the government for cable/telco monopolies.

      How low can the barrier of entry really get, when anyone who wants to start up a new cable company is going to have to wire up every house in the area? And how many different sets of wires do you really want running along those poles, anyway?

      Maybe these problems can be solved with modern technology, but historically, at least, it made some sense for these companies to have monopolies.

      --
      Visual IRC: Fast. Powerful. Free.
  12. Setup by iknownuttin · · Score: 3, Funny
    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 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.
  13. Pull "common carrier" status by AJWM · · Score: 4, Interesting

    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
    1. Re:Pull "common carrier" status by techpawn · · Score: 2

      then they should no longer be allowed common carrier immunity for that content.
      I didn't think cable companies had common carrier
      --
      Ask not what you can do for your country. Ask what your country did to you
    2. Re:Pull "common carrier" status by AKAImBatman · · Score: 5, Informative

      I didn't think cable companies had common carrier

      As a cable provider, they don't. As an internet and phone provider, they do.

      It's all about control. Cable companies have control over their content and thus can be held liable for their content. Internet and phone providers, however, do NOT have control over the data that passes over their wires. Thus they cannot be reasonably expected to be held accountable for that data. Unless they demonstrate that they are actively attempting to control the content. Then the legal veil is pierced and the common carrier status is lost.
    3. Re:Pull "common carrier" status by Richard_at_work · · Score: 2, Informative

      From my understanding of the common carrier laws, only their phone service qualifies - ISPs have never had common carrier status.

  14. New Speak by Nom+du+Keyboard · · Score: 2, Insightful

    Comcast has argued that it doesn't block P2P traffic. Instead, it says it simply slows down packets so that it can better manage its network.

    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."
    1. Re:New Speak by u-235-sentinel · · Score: 2, Informative

      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.

      that is unless Concast terminated your account. Then you are without service for 12 months.

      Yeah I thought it was a joke until January 19, 2007

      then I learned how sick this company really is.

      Another reason I submitted to youtube and vuze.com my testimony about Concast and why this is a problem and needs to be resolved.

      Otherwise you will hear about more people like me being terminated. The video services on the internet aren't getting smaller. They are consuming more bandwidth today than ever before.

      It's already happened to several people on my street. I guess the termination rate is higher than the .001% they 'claim' it is.

      What? Concast lie? that would never happen right ;-)

      --
      Has Comcast disconnected your Internet account? Same here. You can read about it at http://comcastissue.blogspot.com
  15. Wait.... by crhylove · · Score: 4, Informative

    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.
  16. maybe get local govts involved? by Sloppy · · Score: 3, Interesting

    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.
  17. Re:Government controls are not the answer by civilizedINTENSITY · · Score: 2, Interesting

    The fact that they can say, "Its our network, we'll screw whoever we please when we please", *is* the problem. If we allowed roads to all be privately owned, we'd likewise be screwed. We need to nationalize the "tubes" ( ;-) hehehe ) and lease bandwidth back to any- and everybody who wants to be an ISP. Can you imagine if the telephone companies decided that too many people were dialing 800 numbers? If they started hanging up 1/2 of the 800 calls, people wouldn't be saying, "Well, they own the phone system, they can cut me off if I dial a number they don't like."

  18. Beyond wishful by Kaseijin · · Score: 3, Informative

    Personally, I'd love to see the FCC smack Comcast silly for this crap. Cable ISPs and Telco's like to claim Common Carrier protections for a world of things. But they want to be able to filter content and manipulate traffic too, and the FCC needs to put it's Governmental boot down and say "No! You can filter, or you can be common carrier. Not both!" ISPs don't claim to be common carriers. The FCC has classified them "information services" and therefore not subject to regulations concerning "telecommunications services". Hoping for a timid FCC to finally flex its muscle would be wishful thinking; you're hoping for an aggressive FCC to reverse course.