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Europe's 'Net Neutrality' Rules Fail to Ban BitTorrent Throttling (torrentfreak.com)

Europe has finally agreed on a set of net neutrality rules. According to a report on TorrentFreak, these rules offer improvements for some individual members states, various activist groups and experts. But the current language would also allow ISPs to throttle BitTorrent traffic permanently if that would optimize overall "transmission quality." From the report (edited):"Europe's new net-neutrality rules should ban throttling BitTorrent, but they don't. They leave ISPs a loophole," said Holmes Wilson of Fight for the Future (FFTF), one of the driving forces behind the Save Net Neutrality campaign. "ISPs can say they're doing it for 'traffic management' purposes -- even when their networks aren't clogged, because the rules say they can throttle to 'prevent impending network congestion,'" he adds. In addition to file-sharing traffic, the proposed rules also allow Internet providers to interfere with encrypted traffic including VPN connections. Since encrypted traffic can't be classified through deep packet inspection, ISPs may choose to de-prioritize it altogether. In theory, ISPs may choose to throttle any type of traffic they want, as long as they frame it as a network congestion risk. "So if your ISP is lazy, or wants to cut corners and save money, they can throttle BitTorrent, or VPNs, or Bitcoin, or Tor, or any class of traffic they can identify," Wilson says.

57 of 81 comments (clear)

  1. How about throttling DDNS traffic? by magarity · · Score: 3, Informative

    There's a difference between bandwidth hogs and bandwidth abusers. I prefer they could spend a little effort to discern the difference.

    1. Re:How about throttling DDNS traffic? by magarity · · Score: 1

      stupid finger, that's supposed to be an O not an S

    2. Re:How about throttling DDNS traffic? by lgw · · Score: 1

      Looks more like regulatory capture to me. We gave the government the power to determine the details of net neutrality, which is to say we gave them the power to throttle traffic the government doesn't like, since the ISPs will throttle everything the government lets them.

      Copyright lobbys dump cash on government officials, and suddenly it's OK to throttle BitTorrent. This is my surprised face.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    3. Re:How about throttling DDNS traffic? by guises · · Score: 1

      What's the difference between bandwidth hogs and bandwidth abusers? The two terms seem pretty similar. Admittedly though, I haven't spent much effort to discern the difference.

  2. Precise opposite of net neutrality by presidenteloco · · Score: 1

    Sounds like that's what Europe got.

    The laws I hate the most are those which claim (by their name) to protect something and are actually craftily written to do the exact opposite.

    Another win for moneyed interests by lobbying.

    There are many examples. This is one of them.

    --

    Where are we going and why are we in a handbasket?
    1. Re:Precise opposite of net neutrality by HornWumpus · · Score: 2

      It's the same net neutrality we have.

      They can implement QoS. If they can implement QoS they will prioritize some traffic.

      Net neutrality says they can't prefer their own voice service over other voice services. It says nothing about making all packets the same priority.

      Q: Who would have guessed that giving government authority to regulate a complex issue would have unintended consequences?

      A: Many of us. We were called corporate suckups for not supporting giving government more power.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    2. Re:Precise opposite of net neutrality by Opportunist · · Score: 1

      Well, someone was to set the rules. Government or Corporations.

      Yes, this result is not perfect, but it is way, way better than what we'd have if we let corporations decide what packets to prioritize instead.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    3. Re:Precise opposite of net neutrality by HornWumpus · · Score: 1

      Clearly, you like bad rules and government power.

      Competition can and does solve this problem. But that would cut government power, so no chance of that.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    4. Re:Precise opposite of net neutrality by Opportunist · · Score: 1

      What competition? There is now a competition between ISPs? Where?

      In most areas, there is a monopoly or at best a duopoly, simply because running an ISP requires a lot of customers to be viable.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    5. Re:Precise opposite of net neutrality by HornWumpus · · Score: 1

      Where you live...you likely have 1 DSL, 1 cable, 4 4G networks (sold through a dozen channels) and 2 satellite (consumer level ISPs). Plus several more expensive, higher bandwidth wired options.

      ISPs were viable 20 years ago, the market will support 4 or 5 today. The market has grown.

      The price/data you pay is much lower than it was even 10 years ago. Prices that have been driven down by competition.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    6. Re:Precise opposite of net neutrality by mrchaotica · · Score: 1

      Clearly, you like bad rules and government power.

      So, in a choice between "throttling BitTorrent" vs. "throttling BitTorrent and video providers who don't pay 'protection money' to the cable company" you prefer the latter?

      'Cause those are the choices. Magical non-existent "competition" is not a choice. Imaginary benevolent ISPs who don't throttle anything is not a choice.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    7. Re:Precise opposite of net neutrality by HornWumpus · · Score: 1

      20 years has come and gone. If your eyes are open you should realize the MS never had a monopoly.

      You're trying to be sarcastic, but you are right.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    8. Re:Precise opposite of net neutrality by HornWumpus · · Score: 1

      Competition gets me more bandwidth for the same price, pretty much every year.

      I posted the list of ISPs in most areas. There is clearly competition. If there wasn't, we'd all still be paying $20+/month for dialup. The only reason anybody ever cuts prices is competition.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    9. Re:Precise opposite of net neutrality by HornWumpus · · Score: 1

      10 years ago, I couldn't have gotten close to my current cap downloading all month at full speed.

      Consumer bandwidth isn't priced for constant saturation. Only secret caps are a problem, if you knew it, you bought it.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
  3. That's not "net neutrality" by CajunArson · · Score: 3, Insightful

    Net Neutrality is a word that's used & abused to mean everything these days, including calls to make it illegal to charge for bandwidth usage (imagine how much Hummer H2 owners would like "gas neutrality" to make sure Prius owners pay just as much as they do).

    In this case, it would only really be a violation of a stricter definition of "net neutrality" if there were select content providers that were given unfettered bittorrent access with no limits while other non-preferred sources were being throttled. If you want to throttle the whole stupid protocol to keep the network operating for useful purposes and don't make specific carve-outs for "preferred" users then it's not a violation of net neutrality.

    Bear in mind that if you want any throttling of bittorrent to be made illegal, it's hard to see how preventing DDoS attacks at the network level or even filtering Spam could be considered legal.

    --
    AntiFA: An abbreviation for Anti First Amendment.
    1. Re:That's not "net neutrality" by CBravo · · Score: 1

      And maybe spamfiltering should be forbidden at that level. Because the entry in that field for companies is very hard. You can't buy your own spamfiltering for Google, Hotmail or ISPx. And something else is at play too: ISPs don't give much for your email. They rather overblock than underblock. It is often seen as a cost only. 50% of ISPs do a poor job at filtering.

      One example: I would like a DMARC test in my spamchecker. Good luck convincing your ISP if they don't have it.

      But to come back to your argument: Filtering should only be done at the request of the user/buyer of service (and/or therefore necessary for the security of the ISP).

      --
      nosig today
    2. Re:That's not "net neutrality" by Qzukk · · Score: 1

      it's hard to see how preventing DDoS attacks at the network level

      I believe the vast majority of DDoS attacks could be trivially blocked outbound from the source if ISPs performed egress filtering on their end-user networks that check to make sure the packet leaving their network has a source address that is inside their network. Many of these attacks involve using spoofed requests to DNS servers and other "reflector" services that return a large amount of data to what it believes is the source IP. It is hard to argue that blocking improperly addressed traffic and blocking bittorrent are the same.

      As for the rest of your argument, I mostly agree, yet still I worry that once you say you can throttle people by protocol, Comcast can make a "special" protocol just for Hulu and throttle everyone else not using that protocol. Personally I think the correct thing to do is to only sell what you can deliver, and if you can't deliver 150MBit to everyone then stop letting people take that offer.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    3. Re:That's not "net neutrality" by guises · · Score: 1

      There isn't much difference between allowing the prioritization of protocols and allowing the prioritization of hosts. If you allow the first but not the second, then the ISP just comes up with its own proprietary protocol and gives that special privileges. Net Neutrality boils down to "all packets are treated the same way."

    4. Re:That's not "net neutrality" by HornWumpus · · Score: 1

      Not in any real world governing body it doesn't.

      And it shouldn't, that would be _stupid_.

      Net Neutrality has difficult implementation details. Now we have laws around those details, so mistakes will take decades to fix, if they are ever fixed.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    5. Re:That's not "net neutrality" by andydouble07 · · Score: 1

      That would be awful. It's natural for real-time data like a phone call to have higher priority than a video stream that's buffered far in advance. To not prioritize different protocols would be irresponsible management of the network.

    6. Re:That's not "net neutrality" by guises · · Score: 1

      That would be exactly how the internet is now. The fact that Skype calls don't get priority may lead to a bit of stuttering now and then, but if it weren't for that fact then Skype wouldn't exist in the first place.

  4. Slashdot editors: You had them at "Bit" by CajunArson · · Score: 2

    Also funny how a bitcoin logo is being used in a story about bit torrent.

    But that's the technical competence level of the Slashdot "editorial" staff, who once again make the case for why the federal minimum wage should be lowered.

    --
    AntiFA: An abbreviation for Anti First Amendment.
    1. Re:Slashdot editors: You had them at "Bit" by Yvan256 · · Score: 1

      "So if your ISP is lazy, or wants to cut corners and save money, they can throttle BitTorrent, or VPNs, or Bitcoin, or Tor, or any class of traffic they can identify," Wilson says.

    2. Re:Slashdot editors: You had them at "Bit" by Anonymous Coward · · Score: 2, Interesting

      People keep complaining about the editors being incompetent. Has anyone considered that there are no longer any editors at all and that it's all just rubber stamping and automation now? Even stories seem to be automatically submitted by particular submitters who run other news sites and blogs. There is little to no human intervention anymore, and the quality of the site shows it.

    3. Re:Slashdot editors: You had them at "Bit" by sexconker · · Score: 1

      One glancing mention of Bitcoin, despite it using very little bandwidth even for miners, and we get the Bitcoin logo?
      Storing the full block chain takes a not-insiginifcant amount of storage, but not everyone needs to do that (though they should, in my opinion, as that's half of the POINT of Bitcoin). However, the full blockchain only needs a small amount of additional storage (and thus bandwidth) as it grows. It can take a while to download the whole thing when you're first starting, but once you have it you only download the new blocks as they're mined. It's not an issue.

    4. Re:Slashdot editors: You had them at "Bit" by Yvan256 · · Score: 1

      It's an issue for new users that choose to get the whole block chain. The more Bitcoin gets popular, the more ISPs get of those users. As you say though, once you have the whole thing, it takes little bandwidth. Maybe the editor just likes to put as many icons as he can on stories.

  5. VPN? Wow by Anonymous Coward · · Score: 1

    I'm not in Europe. But I'd hate if they throttled VPN. I work from home fairly often (one day a week at least) and if they just up and throttled VPN I'd be far less effective at you know - performing my job. It isn't like all VPN access is for pirating or even region shifting (which dammit should be OK). Some of it is just plain WORK. They can't tell the difference - they don't know what the data is in the VPN tunnel. So they shouldn't mess with it.

  6. Counterproductive by mwvdlee · · Score: 4, Insightful

    The only effect that blocking filesharing traffic will have is that people will find ways to disguise filesharing traffic as normal traffic and it ends up adding additional bandwidth overhead for the disguising.

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  7. Of course! Competition is the ONLY solution by mi · · Score: 1

    "So if your ISP is lazy, or wants to cut corners and save money, they can throttle BitTorrent, or VPNs, or Bitcoin, or Tor, or any class of traffic they can identify"

    Of course, the regulated corporations will tend to outsmart the regulators.

    The only thing that keeps businesses providing good services and offering quality goods is competition...

    --
    In Soviet Washington the swamp drains you.
    1. Re:Of course! Competition is the ONLY solution by danbob999 · · Score: 1

      Internet, at least the last mile, is a natural monopoly, or duopoly at best. It doesn't make any sense to have dozens of different companies laying cables to your house and compete to get you as a subscriber. Therefore there will never be real competition.

    2. Re:Of course! Competition is the ONLY solution by Opportunist · · Score: 3, Funny

      You're cordially invited to start an ISP. Preferably where the likes of Comcast have a monopoly. Please do.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    3. Re:Of course! Competition is the ONLY solution by mi · · Score: 1

      Internet, at least the last mile, is a natural monopoly

      "Natural monopoly" is a myth. A very convenient myth — for both the monopolists and the government officials seeking to profit from them — but a myth nonetheless.

      --
      In Soviet Washington the swamp drains you.
    4. Re:Of course! Competition is the ONLY solution by mi · · Score: 1

      You're cordially invited to start an ISP. Preferably where the likes of Comcast have a monopoly. Please do.

      Google already did. To wonderful results...

      --
      In Soviet Washington the swamp drains you.
    5. Re:Of course! Competition is the ONLY solution by CRCulver · · Score: 1

      The Mises Institute is the very same organization that has, repeatedly, praised Somalia for its lack of a central government and supposedly free market, leading to enormous facepalm for the rest of the libertarian world. Surely you could have found a better link to support your point.

    6. Re:Of course! Competition is the ONLY solution by Hentes · · Score: 1

      Which is exactly what EU regulations have already achieved. There's a choice of at least 3 ISPs in most places, and that has already solved the problem of throttling a decade ago. Net neutrality would be just an unnecessary regulation when the market is already regulating itself just fine.

    7. Re:Of course! Competition is the ONLY solution by danbob999 · · Score: 1

      You think it would be efficient to have dozens of different water systems going to your house?

    8. Re:Of course! Competition is the ONLY solution by mi · · Score: 1

      praised Somalia for its lack of a central government

      Citation needed.

      Surely you could have found a better link to support your point.

      Why? Because ad hominem is now a valid argument?

      The article I linked to — by Thomas DiLorenzo — was written in 1996 and has been cited by economists quite often since then.

      Surely you could have come up with a better rebuttal.

      --
      In Soviet Washington the swamp drains you.
    9. Re:Of course! Competition is the ONLY solution by mi · · Score: 1

      You think it would be efficient to have dozens of different water systems going to your house?

      Dozens? No. Two or three? Yes. Excluded middle much?

      --
      In Soviet Washington the swamp drains you.
    10. Re:Of course! Competition is the ONLY solution by danbob999 · · Score: 1

      Two or three would be an oligopoly, just like ISPs in most places. Not a competitive market.

    11. Re:Of course! Competition is the ONLY solution by danbob999 · · Score: 1

      And no, two or three water systems wouldn't be anymore efficient than a single one. How is a second or third player supposed to enter the market exactly? Digging in all streets?

  8. They rules are doing what they "should", ruling by SuperKendall · · Score: 2, Insightful

    Europe's new net-neutrality rules should ban throttling BitTorrent, but they don't.

    You idiots still do not get it, do you.

    What Net Neutrality "should" do from the standpoint of those making the rules, is allow compete dictation of what is and is not allowable by government agencies... they same ones that would rather see bit torrent vanish.

    Net Neutrality as a concept is one of the biggest jokes of all time, and the funnies part is the joke is really on those whole clamor for it most, expecting the opposite of what it delivers.

    Before Bit Torrent could come and go, sometimes being punished by an ISP, sometimes not... going forward since the rules are codified EVERY SINLGE ISP will be throttling torrents and you can thank your demands for Net Neutrality for making that happen.

    Enjoy the future you have crafted for yourself. I don't care since I can afford a truly un-encumbered business line, I'll just laugh as the rest of you suffer.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re:They rules are doing what they "should", ruling by Opportunist · · Score: 1

      You think that's worse than ISPs giving their own traffic preferential treatment and throttle all competing traffic?

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    2. Re:They rules are doing what they "should", ruling by Anonymous Coward · · Score: 1

      I was agreeing with you until the end when you gloated about your wealth. Now you just sound like an asshole.

    3. Re:They rules are doing what they "should", ruling by Anonymous Coward · · Score: 1

      But your asshole comment wasn't directed at any cause, and the shock didn't help anything but instead it made me not care what you had said previously. You just gloated that you didn't care because you could afford something others couldn't. It wasn't about anyone else, it was about you showing your own elitism. Now you try to backtrack and downplay the comment by blaming others, but your comment had the opposite affect of what you now claim.

  9. If it's not a dumb pipe, it's not neutral by fustakrakich · · Score: 1

    To minimize network collisions you build a fatter pipe.

    A more simple rule you will not find.

    Obviously the EU is letting the service providers and entertainment industry write the rules

    --
    “He’s not deformed, he’s just drunk!”
    1. Re:If it's not a dumb pipe, it's not neutral by dave420 · · Score: 1

      It's more to do with an ISP who offers a streaming media service throttling the competition's media services. It's about forcing ISPs with conflicts of interest to ignore those conflicts and act in the best interest of the customer. The EU has nailed that part fantastically, and has helped consumers massively with this legislation.

  10. Re:Posts around here disappear sometimes by Opportunist · · Score: 1

    Stop shilling and help cleaning up the airport.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  11. No. They're still looking stupid by presidenteloco · · Score: 1
    --

    Where are we going and why are we in a handbasket?
  12. protocol throttling != violating net neutrality by Gravis+Zero · · Score: 2

    net neutrality only guarantees that the source or destination of your data does not cause your data to be throttled. if they want to throttle all video traffic, they can do that. what they can't do is throttle video traffic from site X while not throttling it from site Y.

    --
    Anons need not reply. Questions end with a question mark.
  13. VPN by phorm · · Score: 1

    The VPN part worries me more, since there are lots of legitimate uses - even business uses - for VPN's (there are legit uses for BT - such as game updates etc - but there's less of a case than VPN).

    I remember being on Bell in the east (Canada) and noticing that whenever I opened up an SSH connection to work my traffic would slow to a crawl after a short while. Not just my SSH traffic, but *everything* else as well was being throttled. If they're going to start slowing up connection just because they *might* be related to P2P traffic, that's shit.

    For Torrents themselves, I'd be OK if they're throttled to something reasonable so long as one is still getting decent value. Reasonably though, there should be a trade-off. If you want to throttle my P2P or other heavy traffic, then cut out the data limits for my account. There's no point in having a 50MB/100MB connection if they only shit you can do on it is maybe 15MB max and everything else is throttled, but where I am the "fast" packages are also the ones that come with higher caps.
    Since I tend towards gaming and streaming of non-HD content rather than massive bandwidth gobbling torrents etc, I'd much rather have a slower speed but bigger cap, but nobody offers that because really they're just trying to offer you the biggest price with the lowest service they can get away with.

  14. Net neutrality should arguably mean by presidenteloco · · Score: 1

    A bit is a bit is a bit (from the perspective of the dumb pipe network)

    With possibly justifiable exceptions for packets known to be pure DDOS (i.e. entirely malicious, no beneficial purpose to end users).

    --

    Where are we going and why are we in a handbasket?
    1. Re:Net neutrality should arguably mean by HornWumpus · · Score: 1

      You wouldn't have a problem with your neighbors torrenting interfered with your VOIP or gaming?

      Not all packets have the same priority. Force the ISPs to pretend they do and you break the net.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
  15. Re:How about throttling DDOS traffic? by magarity · · Score: 1

    A bandwidth hog is using more than typical for him/herself, a bandwidth abuser is using more than typical to abuse others.

  16. Re:Not much of a BitTorrenter.... by tnk1 · · Score: 1

    The summary also says that the same loophole could be used to downgrade VPN'ed traffic too. If you can't deep inspect the packet, it may simply assert that unclassifiable traffic is a traffic threat too. So, you could find that both specific BitTorrent and unrecognizable encrypted traffic could both be deprioritized in deference to other protocols.

    Not sure how this would work in practice, but the loophole sounds just wide enough to make it easy for the ISPs to make use of while requiring expensive litigation to clarify.

  17. Re:Not much of a BitTorrenter.... by guruevi · · Score: 1

    BitTorrent is recognizable either through port selection of the client (688x and 6969) or because it opens a LOT of simultaneous connections or because not all trackers/clients are fully encrypted (I think most clients still default to opportunistic encryption, not strict requirement).

    VPNs are recognizable as well by the same method (well-known ports, well-known sites or well-known unencrypted control/setup traffic).

    They could also just throw "anything encrypted" into that class, the law allows them to do that as long as they give the excuse.

    --
    Custom electronics and digital signage for your business: www.evcircuits.com
  18. Re:QOS by guruevi · · Score: 1

    QoS is not really an aspect of any (common) carrier, only the originator of a packet specifies QoS . You can thus set QoS bits as a customer (or end-point) and your (and other) ISPs may or may not follow it (depends largely on your agreement, business lines are more prone to listening to QoS bits but once outside the 'agreed upon' network, QoS pretty much gets ignored).

    Net Neutrality is about your ISP not interfering with your QoS settings or otherwise not forcing QoS on your packets without your agreement. They should, unless you specify otherwise, treat all traffic as it did not have any QoS bits set.

    --
    Custom electronics and digital signage for your business: www.evcircuits.com
  19. Re:old technology by guruevi · · Score: 1

    The Internet does not have/supply emergency services unless you have something like that in your agreement. Additionally, this is not about the ISP throttling your line if it doesn't have capacity, this is about your ISP throttling certain aspects of your line regardless of it's capacity. This would be similar to your phone line company only giving a dial tone to companies that have paid them and inserting artificial line drops when you contact companies that haven't.

    --
    Custom electronics and digital signage for your business: www.evcircuits.com