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FCC Votes To Punish Comcast

MaineCoasts brings news that three out of the five FCC commissioners have voted in favor of punishing Comcast for their P2P throttling practices. The investigation of Comcast has been underway since January, and FCC Chairman Kevin Martin made clear their conclusion a couple weeks ago. Ars Technica has coverage as well, noting: "The initial report on the vote said nothing about which way Republican commissioners McDowell and Tate might lean. FCC watchers wouldn't be at all surprised to see both vote against the order; the really interesting moment could come if they support it. Having four or even five commissioners support the order would send a strong bipartisan signal to ISPs that they need to take great care with any sort of discriminatory throttling based on anything more specific than a user's total bandwidth."

188 comments

  1. alignment by jrubens · · Score: 0, Troll

    So whose side is the FCC on? they seem pretty two-faced to me.

    1. Re:alignment by 4D6963 · · Score: 4, Insightful

      So whose side is the FCC on? they seem pretty two-faced to me.

      Mmmmh... a contradictory double-sided bias.. what could it possibly mean... maybe... I don't know.. a lack of bias?

      --
      You just got troll'd!
    2. Re:alignment by Gewalt · · Score: 2, Informative

      So whose side is the FCC on? they seem pretty two-faced to me.

      As always, they are on the side of the administrations loyal pets, the incumbent telcos.

      --
      Modding Trolls +1 inciteful since 1999
    3. Re:alignment by daemonburrito · · Score: 4, Insightful

      Indeed, the body of FCC commissioners is designed to be double-sided.

      That said, I think it's pretty obvious that the commission makes biased decisions all the time. The Republican commissioners are almost always unified, and the Democrat commissioners seem to swing over to the "regulation is bad, m'kay" position a lot of the time.

    4. Re:alignment by arth1 · · Score: 3, Informative

      Telcos? You're talking like they were plural. Yeah, Ma Bell was forcefully split up, but what has happened since is that all the baby bells have merged again, like metallic droplets flowing together to reform a blasted monster. With the SBC/AT&T merger, the monster is back with a vengeance.

    5. Re:alignment by ShinmaWa · · Score: 3, Informative

      hat has happened since is that all the baby bells have merged again

      It is definitely going that way, but they aren't quite there yet. They haven't ALL merged together again.

      After the breakup, there were 7 "baby bells". There are now 3 left: AT&T, Qwest, and Verizon.

      - AT&T is SBC renamed after SBC acquired AT&T. SBC (formerly Southwest Bell) also acquired the baby bells Ameritech, Pacific Telesis, and BellSouth.

      - Qwest was an independent which became a de facto baby bell when it acquired U S West.

      - Verizon (formerly Bell Atlantic) acquired baby bell NYNEX.

      --
      The /. Effect: Thousands of users simultaneously accessing a site to not read its content.
    6. Re:alignment by danwat1234 · · Score: 1

      I bet their base bias isn't at 0.7 volts!

  2. Comcast's likely reaction to any FCC "punishment": by base3 · · Score: 5, Funny

    Ow, my wrist!

    --
    One CPU cycle wasted on digital restrictions management is ONE TOO MANY.
  3. Finally!!! by Zosden · · Score: 1, Informative

    The Government is doing their job by stopping the ISPs from abusing their power. Costumers paid for unlimited bandwidth and that's what they should get. If Comcast doesn't like that they should change their plan.

    1. Re:Finally!!! by Mesa+MIke · · Score: 1

      If that's what it's about, then this belongs in civil court, as a class action suit, not a bureaucratic ruling.

    2. Re:Finally!!! by Martin+Blank · · Score: 5, Informative

      That's not what this is about. Comcast was found by the FCC to be interfering in the traffic of specific application types, violating principles established by the FCC to allow customers open access to the Internet. The customers were not charged for the bits that were blocked, so it had nothing to do with bandwidth caps.

      --
      You can never go home again... but I guess you can shop there.
    3. Re:Finally!!! by freeasinrealale · · Score: 2

      Congratulations America. Now lets see if our Canadian FCC (CRTC) slams our own arrogant ISP's - Bell, Rogers, etc...

      --
      A man spends the first half of his life accumulating stuff, the second trying to get rid of it all.
    4. Re:Finally!!! by irritare · · Score: 1

      I have COMCAST. They SO obviously restrict certain protocols. Bastards.

    5. Re:Finally!!! by Anonymous Coward · · Score: 4, Insightful

      That's not what this is about. Comcast was found by the FCC to be interfering in the traffic of specific application types, violating principles established by the FCC to allow customers open access to the Internet. The customers were not charged for the bits that were blocked, so it had nothing to do with bandwidth caps.

      Ok, what? They were not charged for the blocked data? Are you nuts?

      As a customer you are paying for XMb/sec download by yMb/sec upload on their network, not taking account of the fact that those speeds will be affected by traffic on other networks and the actual speed of the server, you still are paying for that bandwidth continuously.

      If they are messing with your traffic and/or reducing your connection speeds on their network then they are not giving you the service you payed for. And they are violating federal law that prohibits ISPs from discriminating against data types.

      It would be like the phone company blocking calls from an area that a lot of people call or intentionally reducing call quality to lower the number of calls from there.

    6. Re:Finally!!! by Gerzel · · Score: 1

      Yeah, and the costs of going to court shouldn't be prohibitive to a small consumer such that large corporations can get their way simply by threatening long drawn out legal proceedings.

    7. Re:Finally!!! by Original+Replica · · Score: 1

      They were not charged for the blocked data? Are you nuts?

      Since blocked data still eats up a users connection speed, and higher connection speed service costs more money, then in that way customers were charged for blocked data. They may not have had the blocked data counted against their upload/download limit but they did effectively get downgraded to a lesser connection speed for the same price. Rather than the telephone analogy I think of this as ordering and paying for a Corvette and getting a Chevy Malibu.

      --
      We are all just people.
    8. Re:Finally!!! by phulegart · · Score: 1, Insightful

      No, not in "that" way, or any other way. If I have Comcast, and I don't download anything (I don't surf, I don't IM, I don't email, I don't use my connection) for a month... what is my bill going to be? Now, after I've returned home from living at my girlfriend's for that month, I decide to upload a bunch of videos we made to youtube, and I'm downloading a ton of other things I think she will find "cute" (since VLC will save video streams onto your harddrive)... and I do that every day for another month.. what will my bill be now?

      Guess what.... the bill will be the same for both months.

      Now, with time warner AND comcast sending out those TCP kill packets... all that happens is your connection burps for a moment. You never notice it when you are surfing, you might notice it when YouTubing, and you will definitely notice it if you are downloading torrents. Although, if you aren't torrenting, you won't be sent TCP kill packets.

      People are all like "I paid for the connection. I should be able to do whatever I want with it!" Where did this attitude come from? Who thinks that they can do whatever they want with whatever they buy?More often than not, there are restrictions of use on what you purchase. You cannot buy a baseball bat and then legally go beat your neighbor with it. Sure, they don't need to put a warning label on it. How about an aerosol can? They come all kinds of restrictions on the back, that if you are caught doing one of those restricted activities, you face a penalty. Ok. Why aren't you arguing about how your ISP doesn't protect your anonymity when you surf child porn sites? Because that is sick and damaging to children? How much of a hypocrite does that make you? It's Ok for an ISP to restrict some access and traffic.. but NOT when it interferes with what you want to do?

      Come ON!

      --
      "I love deadlines. I love the whooshing sound they make as they fly by." -D. Adams
    9. Re:Finally!!! by McGuirk · · Score: 2, Insightful

      The examples of restrictions that you use all refer to illegal things. You've compared P2P to child porn. This is a sad thing.

      The restrictions on aerosol cans were placed there by the government.

      Comcast blocking/throttling illegal things is one debate, but deciding to hinder one type of traffic because they don't like it is a different issue.

      ISPs, when offering unlimited service, especially considering that they like to claim is unlimited because nothing is blocked, not unlimited bandwidth -- so they can get away with throttling, should not be allowed to hinder things they don't like without legal grounds for doing so.

    10. Re:Finally!!! by MightyMartian · · Score: 1

      I don't think people buy a connection thinking they can do what they want, but they do buy a connection frequently based on promised bandwidth (which to my mind, is pretty much tacit approval by at least the marketing arms of ISPs that you can download what you like). When someone sells a connection promising blazing speeds and then it turns out that the company is then pretty much shaping the traffic to eliminate those blazing speeds for damned near any application that could use it, then I'd say the customer has been lied to.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    11. Re:Finally!!! by phulegart · · Score: 1, Flamebait

      It doesn't work out that way though. I'll see that blazing speed if I download the linux ISOs via an HTTP link, or from an FTP site. Of course, if anything were to go wrong while I'm downloading that 700mb to 3gb.. then I'm out of luck and I have to download it all over again. However, I"ll see plenty of blazing speed.

      Sure, I could and probably should get a download assist program like GetRight... or maybe I should even start using BitComet and have it intercept the clicks... but even then, some servers will recognize that the click has been intercepted, and not allow what I want to download, to be downloaded by BitComet. I've had it happen enough where I had to turn off that feature and download some files "manually"

      But the speed is there. The speed is there for watching Youtube videos. The speed is there for listening to streaming music with VLC.

      It is only Bittorrent traffic that will cause the ISP to get upset and start messing with the connection.

      So when someone sells a connection promising blazing speeds, and DELIVERS said blazing speeds, and then it turns out that this company is pretty much shaping the torrent traffic to eliminate those blazing speeds until there is no more torrent traffic... I'd say there's nothing wrong.

      People who aren't torrenting don't ever see this crap.

      --
      "I love deadlines. I love the whooshing sound they make as they fly by." -D. Adams
    12. Re:Finally!!! by budgenator · · Score: 1

      You cannot buy a baseball bat and then legally go beat your neighbor with it.

      The legality of what your intending to do with the bat is irrelevant to the legality of it's purchase, they are completely separate issues. One could just as easily argue that the baseball bat manufacturer's refusal to sell to someone intending to perform illegal activities with the bat is obstructing justice by preventing criminal activities for the police to arrest criminals for!

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    13. Re:Finally!!! by budgenator · · Score: 2, Informative

      I'll see that blazing speed if I download the linux ISOs via an HTTP link, or from an FTP site.

      No you will not, those files are to big to get much out of the "powerboost", my last system update was on a comcast connection and today the KDE update came in in the neighborhood of 375 Kbs, but the files under 2MB flew in around 1.5Gbs. What cable ISPs hate is uploads, it kills their systems, they are happy when you download a 1000 times more than you upload.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    14. Re:Finally!!! by rootooftheworld · · Score: 1

      Considering that 16-17 y.o. lesbo action qualifies as C.P., yes us "child porn perverts" have rights too. I'm certain because we arre the majority of the male public, and nobody is in a hurry to take away too many rights from them. I hope so, at least, or we are in trouble.

      --
      I know full well that tobacco is bad for you, so I smoke weed with crack
  4. Comcast by mark72005 · · Score: 5, Funny

    Comcast will be along shortly to check any negative posts against their outgoing traffic logs.

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

      Everybody who modded parent "Funny" thinks he's making a joke, heh.

      --
      ~ C.
    2. Re:Comcast by Tubal-Cain · · Score: 1

      Really? I thought the 'Underrated' mod was for jokes. My bad.

    3. Re:Comcast by budgenator · · Score: 1

      Comcast wouldn't monitor /., they know sucking up to us for a little PR is hopeless on this forum.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    4. Re:Comcast by Anonymous Coward · · Score: 0

      Only one way to deal with this: $400,000,000 fine.
      If it hurts them enough, they wont do it again.

    5. Re:Comcast by The+Slashdot+Guy · · Score: 1

      It won't hurt them at all. Corporations don't care about fines, they'll just pass the cost on to the customers.

  5. "Throttling" by AsnFkr · · Score: 5, Interesting

    Yea, when I am running torrents what Comcast does to me is make it so I drop like 30-80% of all (not just torrent) of my packets every 5-10 minutes, then it comes back up (tested via pings). My torrents are still blazing fast when I actually have a connection. All I do is spoof my router's MAC to a random number, release and renew my IP (to chick they give me a new one) and my internet works PERFECT for 2 days until they start the process over again. Annoying, but it's amazing they are so stupid they won't associate my IP with my MODEMS MAC instead of the router/PC. BTW, If I shut off my torrents after getting a new IP, I *never* need to reset the MAC as they never force me to drop packets.

    1. Re:"Throttling" by FudRucker · · Score: 3, Insightful

      clever! one thing you should have done was kept that bit of info to yourself, now comcast will find this comment you made and fix it for you...

      --
      Politics is Treachery, Religion is Brainwashing
    2. Re:"Throttling" by blhack · · Score: 4, Insightful

      I call bullshit on this.

      The cable companies allow access to their networks based on MAC. What you are doing is possible, but you would need to call comcast and tell them that you got a new modem every time, which would look extremely suspicious. MAC addresses are also not random. So you cannot spoof it to a "random" MAC.
      Your post also lacks continuity. You say that they start dropping "30-80%" of your packets every "5-10 minutes". But you also say that you only need to reset your MAC every 2 days?

      please go Home

      --
      NewslilySocial News. No lolcats allowed.
    3. Re:"Throttling" by jim.hansson · · Score: 2, Informative

      read his post one more time and you may see that he does not need to call comcast every time he changes the MAC address because he do not change MAC address on the MODEM only ROUTER

      --
      preview button, my computer does't have any preview button
    4. Re:"Throttling" by crow · · Score: 2, Interesting

      It used to be that if I changed the computer connected to my cable modem, I had to call in to register the MAC address of the new system. Apparently they got fed up with the hassle of all the calls, so they changed the system to allow any MAC, eliminating the need to call. At least that's true of Comcast in some areas. It's not true of all cable providers, though.

    5. Re:"Throttling" by blhack · · Score: 1

      That was more than likely an attempt to enforce the "only one computer can be connected to this modem" policy (it used to be in the Eula).

      The cable companies DO track the MAC address on your modem. That is why if you go and buy a new one you have to register it, and why the discourage buying used ones.
      If they weren't tracking by the MAC on the modem, messing with things would be as easy as the parent post suggests, which it isn't.

      --
      NewslilySocial News. No lolcats allowed.
    6. Re:"Throttling" by dattaway · · Score: 1

      I can confirm this. I once posted how cozy my job position was to find how management reads slashdot themselves. Think like a spy if you want to be sneaky, because they are the ones making the rules.

    7. Re:"Throttling" by Ravon+Rodriguez · · Score: 1

      ...but you would need to call comcast and tell them that you got a new modem every time

      He's changing the MAC address on his router, NOT his modem.

      MAC addresses are also not random. So you cannot spoof it to a "random" MAC.

      While there are rules for creation, an address can be randomly chosen within the limitations of these rules

      You say that they start dropping "30-80%" of your packets every "5-10 minutes". But you also say that you only need to reset your MAC every 2 days?

      I believe he means that after two days they start dropping the packets every 5-10 minutes

      --
      Jesus loves me, he loves me a bunch, because he always puts Jiffy in my lunch.
    8. Re:"Throttling" by AsnFkr · · Score: 2, Insightful

      Yea, you are bad at the internet. I change the MAC addy on the ROUTER, not the MODEM. Also, it takes them 2 days or so to start the dropping of the packets each time I make an adjustment to the MAC. And yes, the MAC addy CAN be random within a hex limit. But nice try.

    9. Re:"Throttling" by AsnFkr · · Score: 2, Informative

      True. If I change my router mac (or put a different PC on the "gateway" position, I do not need to call. If I change my modem, they do require a call.

    10. Re:"Throttling" by Anonymous Coward · · Score: 0

      He is getting an IP address based on the request of the router not the modem. So the DHCP server is reading the routers MAC address. My local cable company does the same thing IP allocation. everything lower such as caps on my speed when I recently downgraded is done based on the MAC address of the modem. We are talking about two different layers heres.

    11. Re:"Throttling" by Anonymous Coward · · Score: 0

      I have comcast and have tested spoofing mac addresses. It is very easy to change your mac address and get a new ip without talking to comcast. I have the modem plugged into my wrt54g w/ custom firmware and that gives you an easy interface to change MAC address. After changing the MAC you simply need to log into your modem, 192.168.100.1 or maybe 192.168.100.0, and there is another web interface where you can reset the modem to the new mac. This is all from memory. I have not done it in a while, so i could be wrong.

    12. Re:"Throttling" by mortonda · · Score: 1

      Actually, that makes sense to me; the MAC address of the cable modem may not be on the right network layer to take action via IP restrictions - in other words, the router doing the throttling may not see that network layer.

    13. Re:"Throttling" by Anonymous Coward · · Score: 0

      note- changed routers address not modems. for my internet in iowa with mediacom, you have to reboot the modem if it sees more than your allocated mac addresses.. eg i have access for one computer- it will assign one ip then to that mac address and any other macs will be denied. have to reboot if you change your routers mac.

    14. Re:"Throttling" by budgenator · · Score: 1

      The sandvine devices are far enough upstream that I don't think they see your modems MAC, in fact i'd be surprised if they can even associate an IP address with a given user. This is reinforced by the fact that after doing some BT traffic and my connection starts sucking wind, just rebooting the modem and getting a new IP address and things run like normal again, appologies to the poor smuck that got my old IP address and my old sucky connection.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    15. Re:"Throttling" by funchords · · Score: 1

      I don't exactly cry "Bullshit" on this, but it isn't what the poster thinks it is

      .

      When you spoof your router's MAC to a random router, your router reboots and its memory clears up. That keeps things running for a couple of days until your router's memory corrupts and you have to repeat the process. I am 99% sure that your problem is not related to Comcast.

      --Robb Topolski

    16. Re:"Throttling" by noidentity · · Score: 1

      All I do is spoof my router's MAC to a random number, release and renew my IP (to chick they give me a new one) and my internet works PERFECT for 2 days until they start the process over again. Annoying, but it's amazing they are so stupid they won't associate my IP with my MODEMS MAC instead of the router/PC.

      Thanks for reporting the problem and solution. We will implement it as soon as possible.

      - Comcast

    17. Re:"Throttling" by AsnFkr · · Score: 1

      I'd agree with you, but my situation goes deeper than that. I had lived here for 2 years (in this exact house with this exact line and equipment) previously and for 1.5 years it worked FINE. 100% no problems, fast torrents, fast HTTP, no dropped packets. All of a sudden 1.5 years into my service with Comcast this packet dropping stuff started. I started my MAC spoofing, and I was good to go, as they say. 6 months ago I moved out all together, and then moved back 2 months later. For this time period I canceled my Comcast service all together...when I moved back I started it up again (at $33 a month as opposed to $80 a month, whoo-hoo!) and for the next three months I again had *perfect* service. All of a sudden a few weeks ago the packet dropping bullshit started again, and here we are. No change of equipment on my side at all....which is why I doubt it's my router becoming flooded. *phew*.

    18. Re:"Throttling" by atraintocry · · Score: 1

      Are you sure that your router isn't just crapping out every 2 days once the memory fills up?

    19. Re:"Throttling" by funchords · · Score: 1

      Those are interesting facts. Maybe I'm not so 99% anymore. What city and state are you in?

    20. Re:"Throttling" by techno-vampire · · Score: 1

      Back when I worked for an ISP, you had to power-cycle the cable modem if you switched which computer or router was directly connected to it. No need to call us, just kill the power to it for about fifteen seconds, turn it on, let it read the MAC address of the new NIC and Bob's your uncle.

      --
      Good, inexpensive web hosting
    21. Re:"Throttling" by pureevilmatt · · Score: 1

      You're being throttled for torrent packets, this should not directly cause connections to drop for any other protocol. What is likely happening, is a combination of ISP traffic shaping bittorrent connections, and your connection log maxing out your linksys WRT54GS router's memory. The throttling causes your torrent client to try to connect to far more peers than it would otherwise try to connect to... this causes your router's connection log to balloon, quickly using up your router's memory, which causes it to drop all new connections. This is a well known problem: http://www.utorrent.com/faq.php#Special_note_for_users_with_Linksys_WRT54G_GL_GS_routers Update the firmware on your Linksys WRT54GS to the latest Tomato. This will prevent your router from causing other connections to drop or time out. Then start using the latest uTorrent beta, with protocol encryption on. This might help with the throttling, it worked for me with Rogers as my ISP.

    22. Re:"Throttling" by Prune · · Score: 1

      You are wrong. I'm on Shaw (Canada) and every time I change my router's MAC, I get issued a new IP address. Moreover, I change the MAC randomly--I change a digit or two in random positions to a random hex digit. In only a few cases did this not work and I had to try a different MAC (from what I remember, these were either the first or last couple of digits, I forget which).

      --
      "Politicians and diapers must be changed often, and for the same reason."
    23. Re:"Throttling" by AsnFkr · · Score: 1

      Cool, I'll give it a try. I still don't understand why a MAC addy switch would get me back up when a simple router reboot (power down/up) will not, but perhaps this will help a bit.

    24. Re:"Throttling" by kcdoodle · · Score: 1

      Not Bull.

      Comcast does filter by MAC Address. But not continuously.
      When I moved across town, I brought my modem with me --my connection worked for about a week and died. Called tech support and they said they periodically balance the MAC Address against the list they have and disconnect those not on the list.
      They added me to the list for this side of town and all is well.
      So this means that you CAN hook up ANY cable modem and it will work -- for a short period of time.

      --

      - I live the greatest adventure anyone could possibly desire. - Tosk the Hunted
    25. Re:"Throttling" by Anonymous Coward · · Score: 0

      He's not all wrong. If I randomize the MAC on my router (easily done w/ Linux-based firmware) and release/renew, I get a new IP. I can do this over and over and over. I've done this repeatedly to avoid server bans when cheating/griefing in games. What I haven't noticed is any difference in performance with the new IP.

    26. Re:"Throttling" by Anonymous Coward · · Score: 0

      I call bullshit on this.

      The cable companies allow access to their networks based on MAC. What you are doing is possible, but you would need to call comcast and tell them that you got a new modem every time, which would look extremely suspicious. MAC addresses are also not random. So you cannot spoof it to a "random" MAC.
      Your post also lacks continuity. You say that they start dropping "30-80%" of your packets every "5-10 minutes". But you also say that you only need to reset your MAC every 2 days?

      please go Home

      You obviously don't know much about computers do you?

    27. Re:"Throttling" by Anonymous Coward · · Score: 0

      Yes, if you force a new IP you can upload faster for a while. It wasn't two days for me, my link was disrupted and came back online with the interference after a few hours. You do need to reboot the modem, but the Motorola SB5120 (and maybe others) have a web page you can POST to for scripted modem reboots. If you think this is some sort of flaw or work-around, you're wrong. They don't want false positives, changing IP's delays incoming connections to an active link, and there's the added advantage of "it working again" when your tech friend comes over to "fix it." It's nothing in the big picture, the favorite vista of Mr. Leatherchair Sweetheart Executive.

  6. Punishment enough by Skapare · · Score: 4, Funny

    Punishment enough would be for the FCC to require Comcast to double the capacity of their network every 18 months.

    --
    now we need to go OSS in diesel cars
    1. Re:Punishment enough by SupremoMan · · Score: 2, Funny

      Finally a reliable network, in 5 years...

    2. Re:Punishment enough by zach_the_lizard · · Score: 2, Funny

      Perhaps they could call this "Moore's Law." (Yes, it doesn't apply to networks, but whatever)

      --
      SSC
  7. The Republicans are correct by Reality+Master+101 · · Score: 0, Troll

    Regardless of your stand on Network Neutrality, the fact of the matter is that what Comcast did was absolutely legal. The FCC is overstepping its bounds by acting like NN is already law. You might like this particular decision, but it sets a bad precedent for the FCC doing whatever it wants without regard for what the law actually is. You might not like the next decision.

    The FCC should be an enforcement arm of the government, not a legislative arm.

    --
    Sometimes it's best to just let stupid people be stupid.
    1. Re:The Republicans are correct by Anonymous Coward · · Score: 3, Informative

      No it isn't legal. They deliberately forged messages ( RST packages ) that were sent over the phone lines. That is a federal crime.

    2. Re:The Republicans are correct by postbigbang · · Score: 5, Insightful

      It's not a legislative arm. It has broad legislated enforcement mandates from Congress, going back to the early-mid 1930s on communications policy and enforcement. It is IN FACT an enforcement arm, upheld by SCOTUS. The US President, as in theexecutive branch appoints the commisioners.

      That said, I don't agree with a lot of what they do, and they do have considerable power, but power that's not unlike that of the EPA, the military, and so on.

      So is the Comcast pending fine a good idea? You bet. Once the pandora's box of stepping on protocols to favor another is open, it can't be shut. This sends a great signal to carriers that they'd best not fool with consumer access. Be a good carrier; don't mess with protocols to favor your own perceived traffic. Controversial no doubt; a good one this time, IMHO.

      --
      ---- Teach Peace. It's Cheaper Than War.
    3. Re:The Republicans are correct by Reality+Master+101 · · Score: 3, Interesting

      No it isn't legal. They deliberately forged messages ( RST packages ) that were sent over the phone lines. That is a federal crime.

      Yes, I've heard that theory, but it's a huge, if not ridiculous, stretch to claim that forged packets are some sort of illegal impersonation. I don't like what Comcast did, but I also don't like using abusing unrelated laws.

      --
      Sometimes it's best to just let stupid people be stupid.
    4. Re:The Republicans are correct by Reality+Master+101 · · Score: 1, Insightful

      It's not a legislative arm. It has broad legislated enforcement mandates from Congress, going back to the early-mid 1930s on communications policy and enforcement.

      Yes, exactly. Enforcement. Not legislative. We agree.

      So is the Comcast pending fine a good idea? You bet. Once the pandora's box of stepping on protocols to favor another is open, it can't be shut. This sends a great signal to carriers that they'd best not fool with consumer access.

      And then, frustratingly, you turn right around and are happy(!) that they go power drunk and implement network neutrality in direct violation of THE LAW. Do you not see the problem with this? Do you think your local police should be able to create new laws and ignore others?

      That you like the new law they created out of nothing should be irrelevant. Think about the fact they think they can do anything they want.

      --
      Sometimes it's best to just let stupid people be stupid.
    5. Re:The Republicans are correct by freeasinrealale · · Score: 1

      No. The Internet began Neutral... If the money-grubbers want to co-opt the Internet, then they'll have to overturn NN, not the other way around.

      --
      A man spends the first half of his life accumulating stuff, the second trying to get rid of it all.
    6. Re:The Republicans are correct by mindstrm · · Score: 5, Informative

      It's not at all a stretch.. thats' why they call them "Forged Packets"
      They *very clearly* do not come from the source that compcast pretends they come from.

    7. Re:The Republicans are correct by Anonymous Coward · · Score: 5, Insightful

      Yes, I've heard that theory, but it's a huge, if not ridiculous, stretch to claim that forged packets are some sort of illegal impersonation.

      Is it not at least an equally huge, if not ridiculous, stretch to claim that it is "absolutely legal?"

      Packet forging is rightly named---Comcast sends them as if they originated from me, when they did not. They do not advertise that they do it & I did not sign any document authorizing them to do it on my behalf. In fact, many AUPs prohibit forging and spoofing from their users & ISPs should be held to an even higher standard.

    8. Re:The Republicans are correct by postbigbang · · Score: 1

      Ok. Cite the law. They have the leeway. They can do this legally. It is their congressional mandate to do so; it's policy. Not every action taken by every agency needs to have a bunch of congress people dictating their every move and boundary. It's ok to develop policy; it's done every day in government and done so (often) with success for all parties considered. Sometimes it's awful, like Bush's meddling with the FDA and EPA. It's called trust within defined boundaries. They really can't do anything they want. They really can define policy and enforce it. Don't like the outcome of the policy-- then tell your congress person and vote out the executive branch. File suit, if you have nexus. I do, as I'm a Comcast customer. But I won't, as I don't do very many torrents. Most often, I download from a direct source. I have no need for sharing files that might be considered the intellectual property of others. I don't trust torrents anymore, anyway. I'd rather get things from an original source. And I don't want Comcast screwing up my streams, voice, video, or otherwise.

      --
      ---- Teach Peace. It's Cheaper Than War.
    9. Re:The Republicans are correct by Farnite · · Score: 1

      What about the DMCA then, that says that if an ISP or other content provider blocks any traffic then they aren't protected as a provider and can be held accountable for any content that is transferred across their network? I guess if the ISPs can enforce one law and ignore another, why can't the FCC?

    10. Re:The Republicans are correct by mi · · Score: 1

      Controversial no doubt; a good one this time, IMHO.

      Thus begin most terrible trends...

      FCC should be working harder to allow more competition — and to prevent the existing ISPs from colluding with each other: "We'll do this, if all of you do too — let's not compete on it.")

      The meting out punishment for a particular practice the government is rather micro-managing.

      --
      In Soviet Washington the swamp drains you.
    11. Re:The Republicans are correct by cpu_fusion · · Score: 3, Informative

      I'm going to assume for the moment that you do not have a legal education. Please correct me if I'm wrong.

      The FCC is -- and should be -- both an enforcement and legislative arm of the Government. This is because it is an ADMINISTRATIVE body created by CONGRESS. Congress delegated [limited] rulemaking and ordermaking power to the FCC. That's not unusual: go look at the Enabling Acts of the other administrative agencies who handle a huge chunk of the rest of the way our Government functions. The Supreme Court has upheld the Constitutionality of agencies like the FCC again and again.

      Now as to whether Net Neutrality is "already law", you would need to define what you mean by "law". Court made law? Statutes? Agency rules/orders? You do see the title of this, "FCC Votes to Punish Comcast" right? Guess what -- that's the action of the law. You may think the "law" is purely statutory, but then you'd be leaving out the Constitution, administrative bodies, common law, executive orders.

      But hey, it's not surprising for me to see a subject line like "The Republicans Are Correct" spouted by someone who appears to know little about the law.

      (Law student.)

    12. Re:The Republicans are correct by Lord+Kano · · Score: 4, Insightful

      I AM a Republican and I'm on the FCC's side.

      It's debatable whether or not Comcast's conduct was legal. They advertised and sold "internet access". That has certain connotations. If instead of the promised "Internet Access" they sold a neutered version thereof, then they may have run afoul of Federal regulations.

      LK

      --
      "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
    13. Re:The Republicans are correct by postbigbang · · Score: 1, Interesting

      RIGHT!

      If you shut down torrents, what else do you shutdown next??? Do you stop the NetFlix pipe because it competes with your own or business partner offerings!??!!?

      No!

      And that's what this enforcement sends a message about-- net neutrality must remain.

      --
      ---- Teach Peace. It's Cheaper Than War.
    14. Re:The Republicans are correct by Alrescha · · Score: 3, Informative

      "Regardless of your stand on Network Neutrality, the fact of the matter is that what Comcast did was absolutely legal."

      I don't think that has been established. Actively forging packets may qualify as an act of impersonation, which might be considered illegal. This may or may not be the case, but I suggest that the legality of what Comcast did is not yet a 'fact'.

      A.

      --
      ...bringing you cynical quips since 1998
    15. Re:The Republicans are correct by DarkOx · · Score: 4, Insightful

      it's a huge, if not ridiculous, stretch to claim that forged packets are some sort of illegal impersonation.

      So you won't mind if I send some mail and list yours as the return address then?

      --
      Repeal the 17th Amendment TODAY! Also Please Read http://www.gnu.org/philosophy/right-to-read.html
    16. Re:The Republicans are correct by Thiez · · Score: 4, Funny

      > Is it not at least an equally huge, if not ridiculous, stretch to claim that it is "absolutely legal?"

      How about 'barely legal'?

    17. Re:The Republicans are correct by wmbetts · · Score: 2, Insightful

      So it's okay for my to highjack BGP routes? After all I'm only sending packets.

      --
      "Ubuntu" -- an African word, meaning "Slackware is too hard for me". - stolen from Dan C alt.os.linux.slackware
    18. Re:The Republicans are correct by ScrewMaster · · Score: 3, Informative

      This was a man-in-the-middle attack. Such efforts are illegal. Period.

      Consequently the FCC is (rather surprisingly, I admit) enforcing the law as written. That's actually a good thing.

      --
      The higher the technology, the sharper that two-edged sword.
    19. Re:The Republicans are correct by postbigbang · · Score: 3, Interesting

      Your sense of legality and illegality are the crux for a need to understand more than I can explain in this forum. Competition means unfettered pipes, which is what the FCC is ostensibly punishing Comcast for-- non-"net neutrality".

      And I haven't been called kid in over 40 years!

      Additionally, after 14 books, and heaven-only-knows how many articles I've written, I've discovered that my choice of communications is my own, and those that would not understand emphasis via punctuation are looney. Two days ago, it was my choice of the word gendarme-- meaning policeman. Someone believed that the only correct use had to do with syntax connoting only French and only military policing.... all here on /.

      You're entitled to your opinion, but not your facts. There.

      --
      ---- Teach Peace. It's Cheaper Than War.
    20. Re:The Republicans are correct by Reality+Master+101 · · Score: 2, Insightful

      The FCC is -- and should be -- both an enforcement and legislative arm of the Government.

      The FCC is mostly an interpretive arm of government, with *limited* ability to extend and enforce *existing* law. The cannot create new law out of whole cloth.

      Now as to whether Net Neutrality is "already law", you would need to define what you mean by "law".

      You seemed to have missed all the ongoing debate about network neutrality among the government. Apparently the real legislature does not believe that network neutrality is existing law.

      But hey, it's not surprising for me to see a subject line like "The Republicans Are Correct" spouted by someone who appears to know little about the law. (Law student.)

      Well, Mr. Student, you appear to have the attorney arrogance down already, if not the understanding of the concept of limited power.

      --
      Sometimes it's best to just let stupid people be stupid.
    21. Re:The Republicans are correct by rpj1288 · · Score: 1

      Pity that in many many places, there is no competitor.

      --
      Marvin knew: "Think of a number, any number..."
    22. Re:The Republicans are correct by Reality+Master+101 · · Score: 1

      Ok. Cite the law.

      Do you believe that anything that is allowed must be allowed by law? No, the onus is on you to cite the law that Comcast violated by not embracing network neutrality. And yes, I understand that the way they did was controversial, but as near as I can tell, that's not why the FCC is acting.

      And no, I think it's reasonable that I have to file suit to keep federal agencies from going crazy and doing something that is clearly beyond their authority. And it's clearly beyond it because the legislature is actively considering the idea of network neutrality. Given that, the FCC should have backed off.

      --
      Sometimes it's best to just let stupid people be stupid.
    23. Re:The Republicans are correct by postbigbang · · Score: 2, Insightful

      Now you have the crux of the matter.

      The FCC is authorized by law (see the nineteen additions to the Communications Act of 1935 as amended) to set and execute this policy. Good thing their nipple wasn't showing, eh?

      --
      ---- Teach Peace. It's Cheaper Than War.
    24. Re:The Republicans are correct by Xelios · · Score: 1

      That's what it should mean, in reality it's more like a speedbump. They'll just try the same thing again, packaged in a slightly different way, and they'll keep on trying until they get a group of commissioners that agrees with them. This will go on until they're given stiff fines for their actions. Fines based on a percentage of their revenue, instead of a fixed number.

      --
      Murphey's fighting Occam, and we're in the stands.
    25. Re:The Republicans are correct by postbigbang · · Score: 1

      At each opportunity, fight it or the Internet is doomed to support only a carrier's application by priority. It's that simple, not that the bribes to the campaign funds, lobbying efforts, and so on won't be tough to fight. Keep fighting. It's all we can do as greed motivations won't stop, either.

      --
      ---- Teach Peace. It's Cheaper Than War.
    26. Re:The Republicans are correct by cpu_fusion · · Score: 4, Informative

      The FCC can make law within the bounds of its enabling act. Rulemaking and orders have the force of law. The FCC can't pass a rule that forces ignorant people to actually learn about the law before they speak, but they can create an order to punish Comcast, and they can make rules regarding network neutrality. You can go read the enabling act at: http://law.onecle.com/uscode/47/151.html

      If it is arrogant to point out how wrong you are, then anyone with any education must seem arrogant to you. I guess that's the "liberal elite" hate we see from Republicans. Your statements are just as annoying as someone who comes to Slashdot apparently not knowing shit about computers, but still wants to talk like they do. Do yourself a favor and stop seeing knowledge as arrogance. It's not my job to coddle your ignorance.

      And in regards to whether the "real legislature does not believe that network neutrality is existing law", there again you are clueless. Go read up on Antitrust law (tying), or the policy statement in section 230 of the CDA. Congress has been quite clear, throughout its history, that preserving competition is more important than preserving competitors, and that the Internet in particular deserves preservation as a free market.

    27. Re:The Republicans are correct by Reality+Master+101 · · Score: 1, Troll

      If it is arrogant to point out how wrong you are, then anyone with any education must seem arrogant to you. I guess that's the "liberal elite" hate we see from Republicans.

      I give up. You're determined to read what you want to read, rather than what I actually say. Probably something to do with your frothing, foaming prejudiced hatred of just having the word "Republican" mentioned.

      --
      Sometimes it's best to just let stupid people be stupid.
    28. Re:The Republicans are correct by Shadow-isoHunt · · Score: 1

      A DOCSIS network runs over coax.

      --
      www.isoHunt.com
    29. Re:The Republicans are correct by iamwahoo2 · · Score: 1

      The FCC is mostly an interpretive arm of government, with *limited* ability to extend and enforce *existing* law. The cannot create new law out of whole cloth.

      Yes, but the war powers act and Global War on Terror allows for the FCC to make their own laws targeted at specific organizations. At least that is the way I intpret it... or am I thinking of something else?

    30. Re:The Republicans are correct by Anonymous Coward · · Score: 0

      Actually, his stand does weigh-in as it (false advertisement) is illegal on all fronts.

      LOL, it's like purchasing a vehicle from Ford and them saying "Now, if you get an oil change from anywhere else but a Ford dealership, we WILL remove two cylinders, until you decide to conform!"

      I am a Democrat and a Liberal whenever in Germany :) I have the same views as I'm an American first.

      What Comcast did, WAS proven to be a fact by more than one creditable source.

      Why don't they use those funds to reach rural America, as opposed to wasting money limiting service to those they already accept money from?

    31. Re:The Republicans are correct by Lockejaw · · Score: 1

      Do you believe that anything that is allowed must be allowed by law?

      I don't know about GP, but it seems that you do think so. Otherwise, maybe you'd say what law it is that makes it illegal to implement network neutrality instead of trying to avoid the question.

      --
      (IANAL)
    32. Re:The Republicans are correct by Reality+Master+101 · · Score: 0, Offtopic

      So you won't mind if I send some mail and list yours as the return address then?

      So, let's say you go to a Halloween party and dress as a police officer. You are technically breaking the law -- impersonating a police officer. But I think most people would say that would be an abusing the law through a use for which it wasn't intended.

      Impersonation laws were not written and were not intended to cover subtle technical distinctions. They weren't using this traffic control method to defraud people -- they were using it for traffic control.

      Unfortunately, this is another case where people are not looking at the bigger picture. They get all happy when a law is abused in a way they approve of. They don't see that this sets dangerous precedents for the government to use laws to abuse you in ways you won't approve of.

      --
      Sometimes it's best to just let stupid people be stupid.
    33. Re:The Republicans are correct by wdb · · Score: 1

      Once the pandora's box of stepping on protocols to favor another is open, it can't be shut. This sends a great signal to carriers that they'd best not fool with consumer access. Be a good carrier; don't mess with protocols to favor your own perceived traffic. Controversial no doubt; a good one this time, IMHO.

      This box you speak of has been open a long time. Prime evidence is port 25 shenanigans and other anti-spam measures, and there are others.

    34. Re:The Republicans are correct by ultranova · · Score: 1

      Yes, I've heard that theory, but it's a huge, if not ridiculous, stretch to claim that forged packets are some sort of illegal impersonation.

      Whether or not they are illegal I wouldn't know, not being versed in US law. However, that they are impersonation is beyond doubt. After all, Comcast sent them with the "sender" field set to a third-party participant in a particular exchange with the deliberate attempt to deceive the receiver of the packet to think that it came from said third party. Furthermore, this was made with the intention of disrupting an ongoing communication; in other words, sabotage.

      So what Comcast did was impersonation with malicious intent and the motivation of profit, as well as fraud - selling "unlimited" access to its customers and then engaging in sabotage so they couldn't collect what they paid for. I find it hard to believe that Comcast hasn't run afoul of some law here...

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    35. Re:The Republicans are correct by CycoChuck · · Score: 1

      I find it odd that if an individual did what Comcast was doing they would be in jail, no questions asked. A large company like Comcast does a man-in-the-middle attack and we sit on Slashdot debating if they were in their legal rights to do it.

      What truly is the difference between a hacker killing all HTTP traffic on Joe's network and Comcast killing all BitTorrent traffic on Joe's network. Absolutely nothing! Joe is still paying for bandwidth that he can not use how he wants because some hacker or Comcast doesn't like Joe's traffic.

      Would there even be a debate on this subject if it was email, instant messaging, or even HTTP traffic that Comcast was throttling?

      --
      Windows is as solid as quicksand.
    36. Re:The Republicans are correct by oddfox · · Score: 1

      "Impersonation laws were not written and were not intended to cover subtle technical distinctions. They weren't using this traffic control method to defraud people -- they were using it for traffic control."

      This apologist argument is absolutely disgusting because it fails to take into account a few things. First that Comcast from the very beginning denied doing anything. Next it's that Comcast continually would change its story depending on which part of the damn beast you spoke to. Finally it's that they were using deceptive advertising practices to tell customers they were purchasing one thing (unlimited internet access) while in fact giving them another thing. If you don't have a problem with your ISP doing what Comcast is doing, then I guess you must think it's pretty neat and legit for them to broadcast "HD" channels that are severely degraded in quality. Hey, just because the law doesn't specifically state you can't do that doesn't mean you can't do that! No, sorry, deceptive business practices are just that and I applaud companies getting what's coming to them when they're more willing to lie to customers and cheat them out of what they've paid for.

      They should've been investing money in their infrastructure if they were having problems keeping up with their own growth, not fleecing the American public and lying about it every step of the way.

      --
      "We invented personal computing." - Bill Gates
    37. Re:The Republicans are correct by plasmacutter · · Score: 1

      Congress has been quite clear, throughout its history, that preserving competition is more important than preserving competitors

      then congress has departed from its history:

      the dmca
      the net act
      the pro ip act
      the pro-pirate act
      ausfta, cafta, acta

      if they did this 100 years ago it would be illegal to make, buy, or own a car. There would be a tax on every bicycle to be distributed to buggy whip manufacturers, and the natonal association of buggy whip producers would be allowed to regulate the roads, and the manufacture of all buggies, and related buggy accessories.

      --
      VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
    38. Re:The Republicans are correct by budgenator · · Score: 1

      How about 'barely legal'?

      more like patently illegal but they figure they could dazzle a jury with enough bullshit to get a "reasonable doubt"

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    39. Re:The Republicans are correct by budgenator · · Score: 1

      Impersonation laws were not written and were not intended to cover subtle technical distinctions.

      You mean a subtle technical distinction like when a lawyer and president stated he didn't have sex with Monica Lewinski because fellatio isn't sex? Subtle technical distinctions are the stock and trade of both the legal and the regulatory trades and both tend to attract narcissistic assholes.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    40. Re:The Republicans are correct by dbcad7 · · Score: 1

      You know.. in cases of divorce, or rape, maybe prostitution.. I can see someone being dragged into court, to ask if they have or not have had sex with someone.. The fact that any of the whole Lewinski - Clinton thing made into a courtroom (other than divorce), is like the stupidest waste of taxpayer money ever. The whole thing is a laughable and absurd.. that you find the whole "definition of word" the most disturbing thing about it is quite funny too.

      --
      waiting for ad.doubleclick.net
    41. Re:The Republicans are correct by Fieryphoenix · · Score: 1

      What the law says is that the FCC is in charge of making rules that must be followed. And now the FCC has determined that what was going on broke one of those rules.

    42. Re:The Republicans are correct by Brett+Glass · · Score: 1

      Actually, the law -- the Administrative Procedure Act -- says that the FCC must announce in advance that it's going to make rules and go through a formal proceeding before passing them. The agency normally issues a "Notice of Inquiry" and then a "Notice of Proposed Rulemaking" and publishes proposed rules for public comment. This is a fundamental requirement of due process. It can't just go, "Hey, we're suddenly gonna make this policy statement, which we said wasn't binding, into enforceable rules just 'cause we say so." When the FCC tried to do the same thing by fining CBS for the infamous Super Bowl Wardrobe Malfunction, the courts slapped it down.

      If the FCC is allowed to be arbitrary and capricious, it will have a devastating effect on investment in broadband.Who would ever want to be an ISP, or invest in broadband deployment, when the industry was regulated by an agency that was a total loose cannon? I am an ISP now, and if such a ruling is allowed to stand I will likely exit the industry.

    43. Re:The Republicans are correct by freedom_india · · Score: 1

      Hmmmm... legally speaking, not fulfilling the terms of a contract is illegal. In your parlance, what comcast did was to violate the terms of contract it had with its customers. This has been proven at all locations comcast wanted it tested.
      Hence FCC, as sole mandated authority to regulate telecommunications, is authorised to convict Comcast.
      The law says so.
      The FCC is not an enforcement arm. Its duty like all other government bodies is to the constitution and laws of the land.
      Power flows from the constitution to the authority and subsequently to bodies the authority creates.
      In this case the congress created this body.

      Read the constitution before you open your fly.

      --
      "Doing what i can, with what i have." ~ Burt Gummer
    44. Re:The Republicans are correct by Anonymous Coward · · Score: 0

      You have heard that firewalls do the same thing right? Several firewalls send RST packets for devices in the protected zone. I that case the connection was never allowed and the reset closes the connection in the requester's network stack.

    45. Re:The Republicans are correct by MarkRose · · Score: 1

      So that would be bit fields 10010 and greater?

      --
      Be relentless!
    46. Re:The Republicans are correct by mi · · Score: 0

      Competition means unfettered pipes

      The above use of word "means" is unclear. For an established writer, such as yourself, your chosen communication method sucks.

      Does competition (quickly) lead to to (or result in) unfettered pipes? Yes, it probably would — certainly a better bet, than government's regulation.

      Or did you mean, competition needs unfettered pipes? That's a statement, that requires substantiation — something you chose not to do today.

      Or, perhaps, you meant, competition is the same as unfettered pipes? That would be the closest meaning to the word "means", but makes no sense at all.

      And I haven't been called kid in over 40 years!

      Oh, well, take it as a compliment then. What can I say?.. You are remarkably well preserved — they, likely, still ask you for an ID at the bar... Be careful, though — you've used only one exclamation point in the above-quoted sentence. At this rate you'll age up in no time — may even qualify for a Creative Writing class soon.

      You're entitled to your opinion, but not your facts.

      I certainly appreciate your high standards in this regard, but you may need to lower it down a notch — it seems to have prevented you from posting any... Better to use somebody else's facts, than to make completely unfounded statements.

      --
      In Soviet Washington the swamp drains you.
    47. Re:The Republicans are correct by postbigbang · · Score: 1

      I'm neither your language teacher, or your law prof. Both failed you.

      If someone taught you logic, they also failed. Your hubris teacher however, was excellent.

      --
      ---- Teach Peace. It's Cheaper Than War.
    48. Re:The Republicans are correct by cpu_fusion · · Score: 1

      Very sorry for getting started on the wrong foot. We appear to disagree on whether the FCC was delegated the authority to do what it is doing, how much authority it has beyond that, the extent this action would fit in those boundaries. No worries.

    49. Re:The Republicans are correct by cpu_fusion · · Score: 1

      Intellectual property may be a different beast, but the fact is I made an overstatement. Thanks for pointing out the error. Sorry about that.

    50. Re:The Republicans are correct by budgenator · · Score: 1

      Actually I really resented the whole pathetic affair, I look at it as the president is paid 24/7 and therefore he or she should conduct him or herself in a respectable and honorable manner 24/7. I find that he had a sexual affair disturbing, but that he had it with an Intern as President is only a notch above pedophilia in my book.

      Not too many of us would live to tell if we tried that argument with our wives and got caught.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    51. Re:The Republicans are correct by dbcad7 · · Score: 1

      Well.. there may have been a case for sexual harassment in the workplace.. However, this whole thing was brought about by a third party recording a telephone conversation. The morals of whether or not someone has an affair, even if that person is the President, have nothing whatsoever to do with whether or not it is illegal. Nothing illegal happened. Your married boss may be sleeping with the receptionist at work.. and although you don't like it, if the receptionist is doing it willingly then that is his, the receptionists, and the wifes business to sort out.. not anybody else's.. It is a strange country where people think that the President is like some deity, that should be held up to the utmost moral standards on the one hand, and yet be able to do all kinds of illegal nasty shit on the other, with "executive privilege".

      --
      waiting for ad.doubleclick.net
    52. Re:The Republicans are correct by Anonymous Coward · · Score: 0

      Firewalls are not a third party! They act on behalf of one of the communicating partys, they're not the damn postman in the middle.

  8. Good first step, now to the telecoms... by xSauronx · · Score: 1

    Im glad that our elected officials are taking meaningful, important and proper steps to curb wrongful practices by large businesses. Hopefully they will go after the phone companies ne--oh that's right, nevermind.

    --
    By and large, language is a tool for concealing the truth. -- George Carlin
    1. Re:Good first step, now to the telecoms... by The_Quinn · · Score: 0

      The reason these companies throttle traffic at all is to provide a better quality of service to the vast majority of users at the expense of what they consider to be "abusers". It is the companies right to set the terms of use of its systems, and it is the goal of the company to make money by satisfying as many customers as possible.

      I personally would rather use a cable company that throttles abusers, so I can have a better QoS - and it frustrates me that our government masters are making this the issue to assert their power over business.

  9. Sudden outbreak of common sense? by Anonymous Coward · · Score: 0

    Why was sudden outbreak of common sense? not added in?

    1. Re:Sudden outbreak of common sense? by ScrewMaster · · Score: 1

      Bribes were inadequate, I'd guess.. Foolish mistake for a company the size of Comcast.

      --
      The higher the technology, the sharper that two-edged sword.
    2. Re:Sudden outbreak of common sense? by Anonymous Coward · · Score: 0

      But you guys DO suck. I've seen Linda Lovelace, Jenna Jameson, Seka, and Marilyn Chambers in the cinema. You know, the giants.

    3. Re:Sudden outbreak of common sense? by aviators99 · · Score: 1

      I curse the FCC for making a decision with which I agree! Kevin Martin voodoo doll, I hardly knew ye.

  10. It looks good, but its not. by Jackie_Chan_Fan · · Score: 2, Interesting

    The FCC are yes men/women.

    They're only doing this so Comcast doesnt have to look like the bad guy, when they lower their bandwidth per month usage. This is so they can say "Well the FCC wont let us throttle P2P users, so we're going to raise prices for high bandwidth users, and cut bandwidth for everyone at the current rate"

    The government would never do anything to hurt a corporation.

    1. Re:It looks good, but its not. by slimjim8094 · · Score: 1

      Fine then. Would you rather have a 'pay more for high-bandwidth no-throttled connection' or 'ultra fast connection cheap! (note: we won't let you use it in ways we don't like)'

      I know what I want.

      --
      I have developed a truly marvelous proof of this comment, which this signature is too narrow to contain.
    2. Re:It looks good, but its not. by Corbets · · Score: 5, Informative

      "The government would never do anything to hurt a corporation."

      Um, AT&T, Standard Oil, and a few other examples come to mind... plus, if you run a small business and have ever dealt with OSHA, you'll have plenty of other more modern examples ready.

      While it's certainly true that the government supports corporate interests from time to time, it would behoove you to understand why it happens instead of making blanket assumptions.

    3. Re:It looks good, but its not. by Anonymous Coward · · Score: 0

      The government would never do anything to hurt a corporation.

      That's because the government and the corporations are in cahoots. They work to benefit each other at the expense of the common man. The more power and revenue tied up in government, the more the corporations benefit. The more power and revenue tied up in corporations, the more the government benefits.

      After all, government is the creator and primary beneficiary of this concept of "corporation". This is why I can only shake my head when I see the anti-free-market crowd call for more government to solve the problem of corrupt and over-powerful corporations. Someday they will wake up to realize that more government increases the corporation's power and worth, not the other way around.

      Without government to stack the deck, even the largest business would be equal in power to the common man. No amount of money would increase their chance of winning a lawsuit or generally being able to squash any whistle-blower in their path.

      See corporatism for more information.

    4. Re:It looks good, but its not. by vertinox · · Score: 3, Insightful

      Um, AT&T, Standard Oil, and a few other examples come to mind... plus, if you run a small business and have ever dealt with OSHA, you'll have plenty of other more modern examples ready.

      Bear in mind those were pretty progressive governments at time compared to society. Unless you think having a single company determine the price of oil and force you to rent your phone for an arbitrary price is a good thing.

      In truth some of our government regulation for small businesses is asinine, but letting single or a select few corporations run the economy is just as bad as having a government planned economy (aka Soviet Union).

      If Comcast doesn't want to deal with government regulation now, I'd say it would be fair if they gave back the tax money they got for infrastructure development on public lands back from the telecommunications acts during the 90s.

      --
      "I am the king of the Romans, and am superior to rules of grammar!"
      -Sigismund, Holy Roman Emperor (1368-1437)
    5. Re:It looks good, but its not. by Anonymous Coward · · Score: 1

      AT&T are doing just fine, and i think we all know how well Oil is doing...

      Small businesses don't lobby. The government does not really care about small business. Local town governments perhaps at times do, but as you can see big corporations have destroyed small town America. Every town looks the same, the same home depot, the same mcdonalds. There is almost no reason to travel anymore.

    6. Re:It looks good, but its not. by zerocool^ · · Score: 1

      Hate to burst your bubble, but after standard oil broke up, it split into a bunch of "Standard Oil of the state of ______".

      S.O. New Jersey became Exxon, New York became Mobil, and they became ExxonMobil, the world's most profitable corporation.
      The rest of the Standard Oils:
      Standard Oil of California bought Kenucky and Ohio and became Chevron, then they bought Gulf Oil and Texaco, became ChevronTexaco, then dropped the Texaco to be "Chevron".
      Standard Oil of Indiana eventually became Amoco, merged with the Anglo-American Oil Company and became BP, who also bought Standard Oil of Ohio.

      I don't think any of them are hurt at all.

      Same thing with AT&T - after the breakup, they became Bell $Region, and over time they changed names (bell atlantic = verizon, pac bell becomes qwest, etc). With AT&T buying qwest a few years back, almost all the original parts of Ma Bell are under the same roof again.

      ~W

      --
      sig?
    7. Re:It looks good, but its not. by Anonymous Coward · · Score: 0

      That won't work because they won't be able to compete with other ISPs. Comcast is already being forced to up their bandwidth because of FIOS.

    8. Re:It looks good, but its not. by CycoChuck · · Score: 1

      First of all, if Comcast couldn't afford the bandwidth they offered all their users, then they shouldn't of been selling it at the price they were.

      All this decision did was stop Comcast from doing what it was heading for. Sure they will let you have 10Mbps speed at $15/month, but if you want to use email, instant messaging, ftp, etc. then you'll have to pay more per service.

      --
      Windows is as solid as quicksand.
    9. Re:It looks good, but its not. by budgenator · · Score: 1

      cableISP care more about the direction of the traffic that the amount of the traffic, p2p kills them because their last-mile is biased to HTTP style traffic with little upstream and heavy downstream traffic.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
  11. Laws are legal. by FatSean · · Score: 4, Insightful

    Isn't that convenient? The will of the people will be done, and the will of the people is that douchebag corporations don't abuse the people after being gifted billions of the peoples' tax dollars to build network infrastructure.

    --
    Blar.
  12. Passing on the fines.... by Anonymous Coward · · Score: 0

    I have Crapcast. Last month, my internet charge jumped by about $40 (I was unable to get a useful answer from them as to why, just lip service about "increased service charges"). How much do you want to bet that they will just pass the fine along to their subscribers?

    Sadly, they are a monopoly in my particular town.

    1. Re:Passing on the fines.... by techno-vampire · · Score: 1
      How much do you want to bet that they will just pass the fine along to their subscribers?

      Of course they will, just as they pass on any and all taxes, fines, fees or other costs of doing business. That's what the fine is, you know, a cost of business, nothing more.

      --
      Good, inexpensive web hosting
  13. Well, they deserve it. by serviscope_minor · · Score: 3, Interesting

    If you sell something you don't own (bandwidth), then it's your fault, not the buyers.

    What's really needed is QoS. You get X MB per month of high quality, Y MB per month at medium quality and Z MB (maybe z=inf) at low quality, and a final unlimited lowest quality, throttled down to something quite small.

    Your app sets the QoS level it wants (eg voip sets high quality). When you run out of the quality level set, traffic automatically gets demoted to the next one you have. Or, you can buy more a la carte.

    --
    SJW n. One who posts facts.
    1. Re:Well, they deserve it. by Anonymous Coward · · Score: 0

      I would hate to know what this would require in terms of infrastructure, not to mention application support.

    2. Re:Well, they deserve it. by karnal · · Score: 1

      I agree with your posting for the most part - however, the QOS rules shouldn't by default throttle the lowest queue to neverneverland by itself.

      I've done some work with QOS and in a large implementation, we do around 10 percent limitation for VoIP as well as another 1-5 percent for managment/inter switch communication. We give normal traffic a max of 90 percent on the wire. This way you're not starving applications if there's bandwidth to spare within the network; however it does guarantee that there is always ten percent to start communication for higher valued conversations.

      Whe I saw your final unlimited lowest quality throttled, I'm picturing 1-5% max BW allowed - which really shouldn't be the case 24x7 since I'd have to bet that most times the line rate isn't anywhere close to being exceeded within the network.

      --
      Karnal
  14. Tiered bandwidth is not the problem by cpu_fusion · · Score: 4, Insightful

    Tiered or capped bandwidth is not the problem here. Net Neutrality is the problem.

    The most fundamental way to distinguish between the two is that violations of Net Neutrality will lead to tying between different relevant markets, a critical Antitrust concern.

    Tiered or capped bandwidth ALREADY EXISTS at Comcast, and has been around since the days of Compuserve and timeshared systems.

    AT&T in the 1980s could charge you for every minute you were on the phone, but they sure as hell couldn't tell you that you could only call their preferred pizza delivery services. I hope you can see why that matters.

  15. The punishment by Anonymous Coward · · Score: 0

    I bet the "punishment" will be "because of your nasty p2p hax, you must remove all the alt.* hierarchy from Usenet."

  16. Wow by ndnspongebob · · Score: 1

    Well, that's just comcastic!!

  17. the vote hasn't happened yet by not_anne · · Score: 4, Informative

    "The Wall Street Journal reports tonight that commissioners Copps, Adelstein, and Martin have decided against the cable giant, paving the way for an official vote when the order is publicly voted on next Friday."

    --
    My comments here are my own; I do not speak for my employer.
    1. Re:the vote hasn't happened yet by ShinmaWa · · Score: 1

      Since when has Slashdot let mere facts stand in the way of a good headline?

      --
      The /. Effect: Thousands of users simultaneously accessing a site to not read its content.
    2. Re:the vote hasn't happened yet by Brett+Glass · · Score: 1

      FCC Chairmen don't like to lose. So, they gather votes before they put items on the agenda. If the Chairman has put the item on the agenda, it's because he has the votes to pass it.

  18. Mmmm. by fuzzyfuzzyfungus · · Score: 2, Interesting

    I know it won't be anything like this; but I have this wonderful image of Comcast's CEO's face smashing into the hood of his limo as they slap the cuffs on and take him away...

  19. Re:"republican" vs "democrat" by causality · · Score: 1

    God fucking damnit I hate stupid dumbass Americans talking "political". Nothing but straw man attacks on the "other side" with no real acknowledgement that there is no "other side". The two parties of the two party system are WAY THE FUCK to the right of center, each are owned by the same corporate fucks.

    I consider that in politics, the two major parties serve the same function that guilds used to serve in commerce. The purpose of a guild was to lock out competition by raising the barrier to entry. That the two major parties serve this function is why you generally never see minor parties win any elections beyond the local level, because if you aren't either a Democrat or a Republican, you don't get the media time and the campaign donations and the political support that it takes to win major elections.

    For some reason, we recognize that a monopoly or a duopoly is bad for everyone when it comes to commerce/money, but we do not seem to realize that this is even more true when it comes to political power. This is absurd considering that political power is even worse than money when it comes to what people will and won't do in order to obtain it. There are no major philosophical differences between the two major parties when it comes to the question of what is the proper role of government. They both want to expand the power and size of government; the only "debate" is how to go about it and which reasons should justify it. That there is no longer any real difference between them is why the presidential election has to be this big dog-and-pony show that is dragged out to take up months and months of time, because this is necessary to take very tiny differences and make them sound like distinctive features.

    --
    It is a miracle that curiosity survives formal education. - Einstein
  20. This ruling will never stand by Skapare · · Score: 5, Funny

    All Comcast needs to do to get this overturned is find a judge that isn't a Comcast customer.

    --
    now we need to go OSS in diesel cars
  21. Nice change of tactics... by NeuroManson · · Score: 2, Funny

    Instead of fining a single boob, the FCC moved up to fining plural boobs. Business as usual.

    --
    Just because you can mod me down, doesn't mean you're right. Shoes for industry!
  22. Re:"republican" vs "democrat" by strelitsa · · Score: 1

    Obama supports blanket immunity for telecoms, the democrats are pretty much wholly owned by the media and comms companies. Clinton brought us the DMCA and it's ridiculous measures.

    God fucking damnit I hate stupid dumbass Americans talking "political". Nothing but straw man attacks on the "other side" with no real acknowledgement that there is no "other side". The two parties of the two party system are WAY THE FUCK to the right of center, each are owned by the same corporate fucks.

    And you toads actually buy into this shit and spend all your time infighting.

    WELL HERES HOPING THOSE SCUMMY REPUB-LIE-CANTS DONT FUCK IT ALL UP M-I-RITE-GUYS !

    It was wrong and stupid to mod this down as a troll because the AC's point was quite apt. No one US political party has the moral high ground when it comes to wiping their asses on the Constitution, in telecommunications or any other field. They both use the same roll of parchment to eradicate the spinchter cling-ons, and the same group of plutocrats always seem to get paid no matter whether the paymaster has an R or a D by his name.

    --
    No mod points, no meta-moderating/Firehose/all the other free work Slashdot wants me to do.
  23. Re:"republican" vs "democrat" by strelitsa · · Score: 1

    That the two major parties serve this function is why you generally never see minor parties win any elections beyond the local level, because if you aren't either a Democrat or a Republican, you don't get the media time and the campaign donations and the political support that it takes to win major elections.

    This is blatantly off-topic and I'll happily accept the modding down this is going to get, but if third parties in the US would run candidates who didn't turn themselves Smurf blue from drinking too much colloidal silver or allow racist tripe to be published in newsletters under their own name for almost 10 years, they would do better at the polls and perhaps even win some races.

    --
    No mod points, no meta-moderating/Firehose/all the other free work Slashdot wants me to do.
  24. Re:"republican" vs "democrat" by causality · · Score: 1

    There's just no way that what you said could explain why third parties generally have not won any major federal elections for generations. If what you pointed out were the only problem, then someone somewhere would have gotten it right. I can understand if you don't want to believe it and prefer rationalization in order to explain it away but it's really quite simple: there is a deliberate, concerted effort to control access to media and funding and to frame debates (mostly in the form of false dichotomies) and to marginalize anyone who might otherwise threaten to change the status quo. There is no "smoky back room conspiracy" needed. The only thing needed is the understanding that politicians do not want to give up their power and will take steps to entrench that power whenever they have the opportunity (for an unrelated example, see "gerrymandering"). They are not really "conspiring" to do it any more than the thousands of employees at Microsoft are "conspiring" to produce Windows products; it's what they set out to accomplish and it takes either a fool or a lot of denial to fail to recognize this.

    --
    It is a miracle that curiosity survives formal education. - Einstein
  25. When did the FCC start regulating the Internet? by BitterOak · · Score: 1

    This is a serious question. As a user of the Internet, naturally I don't want my ISP throttling my connection based on my surfing habits, but I'm not sure I'm comfortable with the government getting involved here.

    Now, given that cable companies typically operate with a government granted monopoly to run cables to people's houses, it is perfectly reasonable that perhaps they have some obligations to go with that monopoly, but I'm not aware of any such obligations in legislation at this time. On what legal authority is the FCC basing their complaint at this time? If they do have "rules" about even-handed, open Internet access, do they apply to all ISPs, or just those that are taking advantage of a government granted monopoly? Do these rules apply to anyone running a router? Are they just making up rules as they go along? As much as I dislike Comcast's policies in this matter, the actions of the FCC frighten me a lot more.

    --
    If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?
    1. Re:When did the FCC start regulating the Internet? by Brett+Glass · · Score: 2, Interesting

      Comcast in fact has claimed that the FCC in fact does not have authority to regulate the Internet. See its filing with the FCC regarding this, and its followup here.

      The recent decision in CBS v. FCC (the "wardrobe malfunction" case) may also bear on this decision. The court struck down the FCC's ruling against CBS, saying that the FCC couldn't just make up the rules as it went along! Normally, the FCC promulgates rules by posting a "Notice of Proposed Rulemaking," takes comments, and only then creates rules (which are set out in writing before anyone can be cited for a violation).

      But in this case, the FCC published only a vague and explicitly nonbinding "policy statement," on which the public had no chance to comment at all. And it's now trying to say, "Fooled ya! You believed us when we said that it was nonbinding, but we're retroactively turning it into a set of hard and fast rules so that we can take a swipe at Comcast. Why? Because we want to, that's why."

      Worse still, that policy statement had several serious problems. For example, it required that Internet users be allowed to run the "application of their choice." While politicians may not graspthe full implications of this, the readers of Slashdot, as computer geeks, know how dangerous this could be. An "application" (a computer program which is not an operating system) encodes and embodies behavior â" any behavior at all that the author wants. And anyone can write one. So, insisting that an ISP allow a user to run any application means that anyone can program his or her computer to behave any way at all â" no matter how destructively â" on the network, and the ISP is not allowed to intervene. In short, such a requirement means that no network provider can have an enforceable Acceptable Use Policy or Terms of Service. Port scanning? The ISP has to allow it, even if it's a prelude to an attack, because it's not illegal. Better turn off all of the intrusion detection systems which detect and block port scans! Exploits? If they haven't been declared to be outright illegal, they are "applications" and so you must not block them. Anyone who engages in destructive behavior, hogs bandwidth, or even takes down the network with an intentionally or unintentionally destructive program could just say, "I was running an application⦠and I have the right to run any application I want, so you canâ(TM)t stop me."

      Great work, FCC.

      Now, imagine yourself as the administrator of a school network, a public hotspot, an ISP, or any other network which provides service to the public. Someone is doing something disruptive. Your users are complaining; quality of service has deteriorated. But if you act, and especially if you focus on the destructive behavior by detecting the rogue application and attempting to block it and not others (so that legitimate traffic can still get through), you would be subject to FCC fines and penalties.

      The above conundrum is but one example of why any proposed rules or regulations pertaining to the Internet should be presented to the public for comment as part of a formal rulemaking process. The FCC is not only regulating what Congress, in its own policy statement, said should not be regulated. (If the FCC makes a policy statement, and Congress makes one, the one made by Congress obviously trumps the FCC's.) The Congressional policy is laid out at 47 USC 230(b), and it says:

      It is the policy of the United Statesâ"

      (1) to promote the continued development of the Internet and other interactive computer services and other interactive media;

      (2) to preserve the vibrant and competitive free market that presently exists for the Internet an

  26. Re:Comcast's likely reaction to any FCC "punishmen by Anonymous Coward · · Score: 0

    More like "Stop patting my wrist, you're annoying me"...

  27. FCC should be punishing the govt instead by InvisblePinkUnicorn · · Score: 1

    The whole reason Comcast is able to even consider throttling a possibility is because of the monopoly handed to them by government restriction preventing the construction of additional internet access lines by competitors. Competition would make it ridiculous and dangerous for a company to think of restricting their own customers, as the customers could simply go elsewhere.

  28. FCC no longer an "expert agency"; now political by Brett+Glass · · Score: 3, Insightful

    What this result shows is that the FCC, which has driven away all of its best technical people during the past eight years, is now purely a political organization. And because the law requires a 3-2 partisan split among the Commissioners, it means that most of its decisions will be influenced by partisan politics rather than what's best for the people.

    If the Chairman and the two other Commissioners of the same party agree on something, it sails right through. (This is what happened with travesties such as the Sirius-XM merger.) However, if the Chairman is motivated to support an agenda to which the other party subscribes, he can expect the two Commissioners of that party to fall into lockstep due to partisanship. That's what happened here. McDowell and Tate, the Republicans, want (as McDowell put it) to "let engineers solve engineering problems." But the Democrats, beseiged by the left-leaning Democratic lobbyists of Free Press, voted to regulate the Internet both because of the Democrats' inherent desire to regulate and because they swallowed the falsehoods of their fellow partisans at Free Press uncritically. So, if the Chairman was willing to support the same result, it would happen.

    The question, of course, is why Martin -- a Republican -- would be pro-regulation. I do not know Kevin Martin, but several theories have been floated on various blogs. The first is that the Chairman was feeling pressure from Congress. (He was on the hot seat less than a month ago before a Congressional subcommittee which strongly suggested that if he did not regulate, they'd take matters out of his hands.) The second is that he is "anti-cable," and -- regardless of what harm he might do to the Internet -- wanted to take a swipe at Comcast. (Some bloggers have speculated that Martin is bucking for a job as a telephone company executive or board member when he retires from the Commission, and so is giving those companies the quid pro quo for obtaining such a post. I certainly hope that this is not the case, but then, I do not know him.)

    Many people have also noted that the slates of panelists at the two hearings on network management were stacked against Comcast. In Boston, the ratio was about 2:1; at Stanford, it was 6:1. Since the Chairman picks the panelists (the other Commissioners can offer advice, but he need not take it), the fact that even the first hearing was heavily stacked against Comcast suggests that the Chairman or his staff may have had a predisposition to rule against Comcast from the start.

    In any event, the fact that only one witness at either hearing was actually engaged in business as an ISP strongly suggests that politics, not engineering facts, would rule the day. And they did. The lobbyists and lawyers of Free Press, an inside-the-Beltway lobbying group which spent more than $700,000 on various Internet agendas in 2007 alone, repeated statements which were simply technically false again and again until the Commissioners believed them. And little guys like my own independent ISP? We got 8 -- count them -- 8 -- minutes to talk. This is not promising for the future of the Internet. If it's dominated by politics, and especially by an agency which has lost its technical compass and rules on the basis of politics and partisanship -- the Internet is in trouble.

    1. Re:FCC no longer an "expert agency"; now political by Skapare · · Score: 1

      Which statements do you believe were technically false?

      --
      now we need to go OSS in diesel cars
    2. Re:FCC no longer an "expert agency"; now political by Brett+Glass · · Score: 2, Informative

      The lobbyists have made so many false statements -- to the media, on their Web site, to members of Congress, and directly to the FCC -- that it's hard even to know where to begin! I could spend an hour or two writing a message that goes through just the ones I've seen. But to save time, I'll refer you to a document filed by Comcast which describes and refutes some of the most egregious false statements that they made on the record to the FCC. See http://fjallfoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6520034944

    3. Re:FCC no longer an "expert agency"; now political by funchords · · Score: 1
    4. Re:FCC no longer an "expert agency"; now political by Brett+Glass · · Score: 1

      The lobbyists just won't let it go, will they. The link in the posting just above points to yet more false statements by Robb Topolski, a Free Press lobbyist. See http://fjallfoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6520035605 for a complete refutation.

    5. Re:FCC no longer an "expert agency"; now political by funchords · · Score: 1

      Ah yes, Richard Bennett and the "thousands of connections" fear mongering --

      "In fact, BitTorrent and other peer-to-peer applications open thousands of virtual circuits per application. This can be observed by network sniffing tools such as Wireshark, ..."

      Tell him to shut up until he can show us the data with reproducible steps by installing these products on representative Comcast lines using either (both) the recommended or the default settings. I WANT TO SEE THE DATA. Otherwise, he's just making this shit up by grossly misconfiguring his system on purpose, like he has all along.

      Robb Topolski ... who is tired of this trollish shill and his useful fools

    6. Re:FCC no longer an "expert agency"; now political by Brett+Glass · · Score: 1

      I am an ISP and I have directly observed the large numbers of connections opened by BitTorrent. In fact, we had to increase table sizes on our SPI firewalls because they were overflowing due to P2P. (And no, Robb, you cannot have the packet dumps because they contain private information about our users.)

      You, Robb, have zero experience as an ISP -- as you yourself admit. You are unqualified to comment on the day-to-day practice of network management. You do, however, have experience as a shill for the rich Washington lobbying group Free Press, which is not only a corporation but two corporations. (It's trying to get around Federal laws restricting lobbying by tax exempt organizations by setting itself up that way.) It's took in several million dollars last year, and yet pretends to be a "grassroots" organization. Somehow, I don't think that the 26 contributors who gave it between $10,000 and $300,000 each to that organization were the grass roots! (Free Press, despite its claim to be interested in openness, refuses to reveal the identities of its contributors.... Imagine that.)

    7. Re:FCC no longer an "expert agency"; now political by funchords · · Score: 1

      You have not, Brett, because no software makes connections like you're describing.

      Bring actual facts or shut up.

      I'm done replying to your trolls. You're desperate, and wrong, and being foolish.

    8. Re:FCC no longer an "expert agency"; now political by Brett+Glass · · Score: 1

      Not only am I bringing facts; I'm bringing ones that you and your organization are trying to repress.

  29. It's Not Punishment by Nom+du+Keyboard · · Score: 1

    Unless it involves substantially massive fines it's not punishment.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    1. Re:It's Not Punishment by freedom_india · · Score: 1

      Well, fines is like asking a serial killer to say sorry to all victims and let him go scot-free.
      Yanking the license is another thing.
      Corporations are fictional persons.
      If the FCC is really serious (which am sure it is not) about setting an example, it will simply suspend the license of comcast for one year as punishment. This is equivalent to jail. No income at all, but all expenses need to be paid (salaries, etc).
      Comcast will move heaven and earth to get it revoked, but ultimately the SCOTUS can prevail (minus Antonin Scalia of course) and refuse to hear the case.
      This will be *chilling* to all corporates. Once they realize they are not omnipotent, they will fall in line.

      But all i said will happen in a realistic world where our president has the highest IQ, and the House impeaches presidents for violating laws...

      What will actually happen is FCC will impose a fine of $150/- and will suspend the payment of fine if comcast removes the blocking...

      --
      "Doing what i can, with what i have." ~ Burt Gummer
    2. Re:It's Not Punishment by techno-vampire · · Score: 1
      If the FCC is really serious (which am sure it is not) about setting an example, it will simply suspend the license of comcast for one year as punishment.

      That's not going to happen because, unlike you, the FCC understands that the real punishment would fall on all of Comcast's customers, many of whom have no other real option for either broadband Internet or cable TV. It would also land on the rank and file of their employees, who would be laid off without pay because there'd be no work for them.

      --
      Good, inexpensive web hosting
    3. Re:It's Not Punishment by freedom_india · · Score: 1

      This is exactly the kind of stupid reasoning that gives corporates more leverage and power than us.
      If i was arrested on manslaughter, my family and friends would suffer. Can your same reasoning be applied to me and iam just fined a paltry sum?
      My life may not be worth much to millions, but to my family am worth millions.
      Will a judge accept this reasoning?
      How should comcast be any different?
      Don't do the crime, if you can't do the time: Its applicable to corporates too!

      --
      "Doing what i can, with what i have." ~ Burt Gummer
    4. Re:It's Not Punishment by techno-vampire · · Score: 1
      This is exactly the kind of stupid reasoning that gives corporates more leverage and power than us.

      No. This is how business works. I take it that you've never studied the basics of accounting, or been involved in the management of even the smallest business.

      Will a judge accept this reasoning?

      Of course, because unlike you, the judge would understand how the Real World works. Actually, in such a case, the judge wouldn't even be consulted on this. The fine would be levied and paid, then Comcast would list the fine as an expense and calculate its fees based on their total expenses, just like always. That's how business works. It's also what happens, BTW, when you "tax" a business: they pass it on to their customers.

      --
      Good, inexpensive web hosting
    5. Re:It's Not Punishment by shentino · · Score: 1

      If the FCC really wanted to help, they would have stepped aside and let the SEC and/or the FTC in to prevent this stupid monopoly from happening in the first place.

      Come on FCC, ever heard of teamwork?

      Heck, rumor has it that a lack of communication was behind the intelligence failure that permitted a sizable part of 9/11's success (at least, for the terrorists).

    6. Re:It's Not Punishment by techno-vampire · · Score: 1
      If the FCC really wanted to help, they would have stepped aside and let the SEC and/or the FTC in to prevent this stupid monopoly from happening in the first place.

      How could the SEC have done anything? There was no stock manipulation or stock fraud involved. And, for that matter, I honestly have no idea if the FTC would have had jurisdiction.

      --
      Good, inexpensive web hosting
    7. Re:It's Not Punishment by freedom_india · · Score: 1

      Hmmm... But tell me one thing: When the Second Bank of United States was deliberately vetoed by the then president, thousands were affected. But it did not result in chaos.
      According to you, Enron should never have been allowed to fail: because millions were affected, and hence Enron should have been propped up.
      I may not have managed a business or been involved in accounting (although i did work in banks for 12 years), but i understand that the law is the same for all: Nixon or Joe Black.
      Corporates seem to clamor for equality with real people: So here's the reality: When you seek authority as a real person, be prepared to accept the responsibility that comes with it.
      A judge will accept facts presented to him: If FCC had ball$, it would suspend the operating license of comcast, force comcast to pay for creating problems to its customers by disconnecting their service and if questioned the judge can decide whether FCC was right or wrong.

      Fining a business is peanuts like you said: pass it onto customers.
      So how do you protect customers while punishing the criminal: Put him in Jail while liquidating his assets to pay for alimony.
      Again i repeat: Unless FCC votes to suspend operating license of comcast as punishment, it is not punishing enough.

      --
      "Doing what i can, with what i have." ~ Burt Gummer
    8. Re:It's Not Punishment by techno-vampire · · Score: 1
      According to you, Enron should never have been allowed to fail: because millions were affected, and hence Enron should have been propped up.

      Don't put words in my mouth, and stop comparing apples to oranges. Enron failed because of bad business decisions, not because it was forced to stop doing business by the courts. Two entirely different things. You can't, in the long run, stop companies from failing, but it's a bad idea to use the courts to force a healthy concern out of existence just because it did one stupid thing.

      So how do you protect customers while punishing the criminal: Put him in Jail while liquidating his assets to pay for alimony.

      I'm not quite sure what you mean here, because the word alimony doesn't make any sense in this context. Guessing that you mean that his assets should be used to compensate his victims, (which isn't what alimony is for) that's not a bad idea, and is even used sometimes. What would be the best punishment here? Honestly, I'm not sure. Maybe putting a restriction on Comcast that it's not allowed to set rates giving it more than a certain minimal profit for the next N years because that would probably ensure that the current management would be thrown out by the stockholders.

      --
      Good, inexpensive web hosting
    9. Re:It's Not Punishment by freedom_india · · Score: 1

      Maybe putting a restriction on Comcast that it's not allowed to set rates giving it more than a certain minimal profit for the next N years because that would probably ensure that the current management would be thrown out by the stockholders

      Hey, that's actually a pretty good suggestion.
      Fixing the prices for comcast and not allowing any rises over years is a surefire way to punish the company. They live on money, and in absence of profits, as you say, the current management would be thrown out.

      --
      "Doing what i can, with what i have." ~ Burt Gummer
    10. Re:It's Not Punishment by shentino · · Score: 1

      Maybe the DOJ then.

      If they've got balls enough to go after MSFT for monopolizing, then there's grounds aplenty for a case against Comcast.

      Are they not both in the same position of using their monopoly power in an abusive manner?

      "sanctions are inadvisable as customers have little alternative".

      Uh, monopoly anyone? ... Helloooooo? DOJ? FTC? ... anyone?

  30. Punishment! by Dgawld · · Score: 1

    Throttling internet speeds is just the beginning and it needs to be punished quickly and thoroughly before other practices are brought about leaving the ISP customer to choose which provider has the least amount of access restrictions. A minor slap on the wrist will not be enough.

  31. It's data traffic, for god's sake! by M0b1u5 · · Score: 1

    DATA TRAFFIC.

    Jesus fusking chribt on a pony; Bandwidth is speed. Data traffic is amount of data transfered.

    --
    How many escape pods are there? "NONE,SIR!" You counted them? "TWICE, SIR!"
    1. Re:It's data traffic, for god's sake! by stewbee · · Score: 1

      Sorry, I couldn't resist, but bandwidth != speed.

      I can send a signal at 5 MHz or 10 MHz and have the same bandwidth of the channel. Assuming a perfect, noiseless, and dispersionless channel, which would you expect to finish transferring the data also assuming the size of data is the same? The correct answer of course would be the 10MHz.

      Now, if you look up on wikipedia (there are two definitions), the "computing" version, they make a similar analogy to what you said, but also admit that it is suspect. However, they do at least mention the Shannon-Hartley theorem (aka Channel Capacity), where indeed, the output of a channel is directly proportional to the bandwidth (the analog bandwidth). However, channel capacity will not increase linearly since the noise (N) in that equation will increase due to the increased channel bandwidth.

      Some links
      Bandwidth "Computing"
      Bandwidth Signal Processing
      Channel Capacity

  32. Water water everywhere, nor any drop to regulate by Crash+Culligan · · Score: 1

    Some kind of exception is in order. Or perhaps it's already there and it just needs a clarification so everyone can see it better.

    Remember that the internet is a series of tubes. The ISPs are the pipework, the customers' systems are sinks and reservoirs, and the act of running an "application" is turning on a spigot either to send liquid from your own reservoir to someone else's sink, or to draw liquid from someone else's reservoir to your own sink. The regulations only enforce unrestricted flow through the pipework, not the source and destination systems. This is a necessary step for the internet to work: that packets are routed as efficiently as possible through any intervening systems to get to their destination.

    The distinction is important because if someone tries to do something rude into your sink (just imagine it, I dare you), you have every right to work to prevent it, up to and including contacting the other guy's ISP, your own ISP, and federal authorities. Some of that might even tie neatly into guideline #5 above. Likewise, if someone's trying to jiggle the handle to get banking information out of your reservoir (flow of liquid assets, what else?), same thing applies: you have the right to take countermeasures and contact the authorities.

    Contrast those with the case where a plumber somewhere in the middle takes exception to the kinds of things flowing through his pipes, and restricts the flow of things he doesn't feel like relaying for whatever reason. Unless it's known to be illegal, that's a no-no according to the regulations. The sender's willing to send it, the receiver's willing to receive it, corking the line will do a disservice to either or both parties, and the full weight of the law in that case means something.

    There's another case, where someone tries to do something to the ISP, in order to change routings or get an unfair pipely advantage. That is actionable, because the ISP has its own systems, and the someone is trying to jigger with one of those.

    --
    You cannot truly appreciate Dilbert until you read it in the original Klingon.
  33. Dishes piling up - Yuck! by Brett+Glass · · Score: 1

    That's not a good analogy. There's only one way in which the Internet is like plumbing: the awful, smelly pile of unwashed stuff piling up in the sink. (Gotta clean out my hard drive.)

  34. You are wrong by dreamchaser · · Score: 1

    I was a Comcrap customer for years before I switched to FIOS. You can change your router's MAC as often as you like, and you do indeed get a new IP address. You seem to be confused between the cable modem and the router. Please turn in your geek card at the desk on your way out.

  35. That's all well and good... by SCHecklerX · · Score: 1

    ...but how about forcing them to open up the ports they block to my mail server while they are at it? I'm paying for access to the internet. I'll take care of my own firewalling, thanks.

  36. chain them! whip them! make them like customers! by swschrad · · Score: 1

    oh, okay, just the chains and whips, then. we know the last part ain't going to happen.

    but if you are going to require open access, as the web wants, and free passage of data without some busybody in the back room dinking with it, as the customer wants, the best way to encourage the others is to whack the guy you first catch. hard.

    --
    if this is supposed to be a new economy, how come they still want my old fashioned money?
  37. Re:Comcast's likely reaction to any FCC "punishmen by Anonymous Coward · · Score: 1, Funny

    "In light of our recent wrist slapping, it has become necessary that we increase the cost of all our cable television packages by a small amount. The cost increase of $17.35 a month will be reflected on your bill starting on September 5th, 2008. Thank you for using ******* and have a great day!"

  38. Bipartisanship by Anonymous Coward · · Score: 0

    I find it interesting that republicans stand against net neutrality. The party that stands for "traditional" values, the party that has always stood for freedom of speech for some reason is doing an about face on this issue.

  39. "Net Neutrality" isn't by Brett+Glass · · Score: 1

    As I explained in my testimony at http://www.brettglass.com/FCC/remarks.html, the agenda that is falsely being promoted as "neutrality" isn't neutral at all. In fact, it prohibits ISPs from enforcing neutrality, letting P2P take over the networks and shift costs from content providers to ISPs. (That's neither neutral nor fair.) It's being done for the benefit of a few corporations -- such as Google, Vuze, and Slingbox -- that support the lobbyists at Free Press, MAP, and the other organizations that ae pushing for regulation. Google, for example, funds Larry Lessig's empire on the Stanford campus, so Lessig (a board member of Free Press) has gotten it to pursue Google's "cause."

    What's more, there's no "free speech" issue here, because Comcast was not censoring the Internet. (Comcast is even letting its users right through to the site of Free Press, which is posting outright lies and slander about it.) Note, however, that the government is censoring the Internet in schools, and is proposing to offer censored public Wi-Fi. (The proposal is now before the FCC.)

    So, as you can see, the Republicans actually are for true neutrality -- which in this case means not letting the government pick winners and losers by regulating.

  40. Wow! by rootooftheworld · · Score: 1

    In bulgaria all the institutions are conspiring to screw you. In america they screw theyr corporate overlords as well. Mmmm, that actualy sounds better. Wait....

    --
    I know full well that tobacco is bad for you, so I smoke weed with crack