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EFF Accuses T-Mobile of Violating Net Neutrality With Throttled Video (arstechnica.com)

An anonymous reader writes: T-Mobile's new "unlimited" data plan that throttles video has upset the Electronic Frontier Foundation (EFF), which accuses the company of violating net neutrality principles. The new $70-per-month unlimited data plan "limits video to about 480p resolution and requires customers to pay an extra $25 per month for high-definition video," reports Ars Technica. "Going forward, this will be the only plan offered to new T-Mobile customers, though existing subscribers can keep their current prices and data allotments." EFF Senior Staff Technologist Jeremy Gillula told the Daily Dot, "From what we've read thus far it seems like T-Mobile's new plan to charge its customers extra to not throttle video runs directly afoul of the principle of net neutrality." The FCC's net neutrality rules ban throttling, though Ars notes "there's a difference between violating 'the principle of net neutrality' and violating the FCC's specific rules, which have exceptions to the throttling ban and allow for case-by-case judgements." "Because our no-throttling rule addresses instances in which a broadband provider targets particular content, applications, services, or non-harmful devices, it does not address a practice of slowing down an end user's connection to the internet based on a choice made by the end user," says the FCC's Open Internet Order (PDF). "For instance, a broadband provider may offer a data plan in which a subscriber receives a set amount of data at one speed tier and any remaining data at a lower tier." The EFF is still determining whether or not to file a complaint with the Federal Communications Commission.

57 comments

  1. Well duh by Anonymous Coward · · Score: 0

    There's no such thing as unlimited. The EFF should instead say that companies can't market data as unlimited, and tell people what they're actually getting.

    1. Re: Well duh by Anonymous Coward · · Score: 0

      installin Ubuntu on my 486

      OMG WTF HOW

  2. It's optional by jfdavis668 · · Score: 1, Informative

    You can turn it off and spend be charged and the regular rate, or watch it low bandwidth for free.

    1. Re:It's optional by ArmoredDragon · · Score: 1

      I'm still wondering why you can't just use a VPN instead. Do they throttle traffic that can't be classified or something? Or better yet, do they throttle HTTPS traffic? You can disguise anything as HTTPS traffic...

    2. Re: It's optional by Anonymous Coward · · Score: 3, Insightful

      No, the point is that it should be unlimited data at that download rate....not just T-Mobile big media friends. That's the neutrality in net neutrality

    3. Re: It's optional by Anonymous Coward · · Score: 0

      Take it one step further and disguise HTTPS as audio. Audio is never throttled.

    4. Re:It's optional by Z34107 · · Score: 2

      [Binge-on] is optional

      Didn't even make it to the second sentence in the summary, did you? It's mandatory on the new "unlimited" plans, and "HD" (>480p) video will cost you an extra $25 a month.

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    5. Re:It's optional by Anonymous Coward · · Score: 0

      And you dont have common sense, do you? You dont need a data plan, you will be just be charged a certain $ per GB. This will be the only data plan offered.

    6. Re:It's optional by sexconker · · Score: 0

      [Binge-on] is optional

      Didn't even make it to the second sentence in the summary, did you? It's mandatory on the new "unlimited" plans, and "HD" (>480p) video will cost you an extra $25 a month.

      Nowhere in the plan documentation is this stated.

      You'll have to wait until the plan goes on sale in a few weeks to actually test it. There's no reason to believe that this is separate from the existing Binge On feature.

    7. Re:It's optional by Z34107 · · Score: 1

      I have no idea why T-Mobile has so many fanboys hearing only what they want to hear, but their press release isn't exactly ambiguous:

      With T-Mobile ONE, even video is unlimited at standard definition [...] For customers who want higher definition video, T-Mobile ONE has you covered too with an HD add-on for $25 a month per line.

      Ars has the same take on T-Mobile charging $25 extra for "HD."

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    8. Re:It's optional by sexconker · · Score: 1

      Please read what you quoted. UNLIMITED HD is $25 more.

      Unlimited data.
      Full speed up to the 97th percentile (currently around 26 GB).
      Unlimited (unmetered) video @ 1.5 Mbps. This already exists and is known as Binge On. It's literally one click to toggle it once you log into the TMobile site.
      Add-on available for unlimited (unmetered) video @ full speed.

      ZERO indication that you can't opt out of the unmetered 1.5 Mbps shit to get full speed video.

    9. Re:It's optional by cryptizard · · Score: 1

      Because 99% of people don't know what a VPN is. T-Mobile is happy throttling 99% of their customers and just writing off the 1% that can get around it.

    10. Re:It's optional by Anonymous Coward · · Score: 0

      No, it's because 99% of people aren't using the number of pixels on the screen as a proxy for dick size.

      They aren't throttling video, they're zero rating video that's been compressed. And the compression itself isn't noticeable on screens that small because the distance between pixels is still too small to really notice. Most of the compression is just a matter of throwing out pixels that wouldn't be viewed anyways.

      Also, they're treating all providers the same here. That's neutral. It's certainly far better than the alternative.

    11. Re:It's optional by cryptizard · · Score: 1

      That's just factually incorrect, they are partnered with video service providers like YouTube. They are not treating all providers the same. They are also limiting to 480p which is definitely noticeable on phones.

  3. Re:Why can't you use wifi? by Anonymous Coward · · Score: 0

    Why do you need to post on Slashdot? ...Well, I was going to say that you're wasting time that could be put to more legitimate uses, but if your post is any indication, this is probably about the best you could be doing.

  4. Re:Why can't you use wifi? by Anonymous Coward · · Score: 1

    I guess you don't live in a place where people ride buses and trains???

  5. Re: Why can't you use wifi? by Anonymous Coward · · Score: 0

    Because my mobile hotspot provides my WiFi and mobile internet is my only internet. That's why.

  6. how many people by Anonymous Coward · · Score: 0

    Willfully watch 480p to save bandwidth because they don't want to waste on 1080p?
    How many people would if they knew it was an option so they could save money?

    I just can't believe people want 1080p YouTube videos on their phones.

    1. Re:how many people by Anonymous Coward · · Score: 0

      Nobody wants 1080p on a phone or a tablet. At least nobody who knows anything about the way these things work. It sounds like a very reasonable compromise to me. They need to save the net neutrality whining for when it's really needed lest they get a reputation for crying wolf.

    2. Re:how many people by Z34107 · · Score: 1

      I want 1080p YouTube videos on my phone. My phone has a 1080p screen, and even at native resolution it's already a pain in the ass to make out any text, captions, or fine details (mouse cursors, HP bars, wires and gauges, whathaveyou). Downscaling the video to <1.5Mbps 480p and blowing it back up again doesn't help legibility any.

      If you nerds want to relive the 90s, nothing's stopping you from transcoding everything you watch to 64Kbps RealMedia(tm) first. I certainly wouldn't pay anyone to run a Minecraft filter on all my video, though, and I doubly wouldn't pay them again to unfuck it.

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    3. Re:how many people by Anonymous Coward · · Score: 0

      I certainly want 1080p on my tablet, as it has a 9" screen and 480p looks like blurry shit. On my phone, I often want 1080p since I travel and my phone gets connected to external displays a lot.

    4. Re: how many people by Anonymous Coward · · Score: 0

      > I remember when the EFF used to champion freedom, not regulations that ignore reality.

      Then you're as old as me. They've been erratic ever since Jerry Berman took them down their original offices in Cambridge down to DC and made them sign off on the TeleCommunications Privacy Act, which was anti-privacy.

      Of course, I knew them back when their sys-admins at the time, Chris Davis and Helen rose, were still doing it regularly in the EFF computer room. And Mike Godwin and his secretary, Rita Rouvalis, spent so much of their time back then on alt.sexual.abuse, it's a wonder that either of them had time to show up at anything else. I met Rita when she left the EFF and moved to join her master in Columbus, Ohio. Quite the naughty little redheaded submissive!

    5. Re:how many people by Anonymous Coward · · Score: 0

      Sounds like you're either trying to read Chinese or your penis isn't very big.

      Have you even used Binge On? Because I have, and what you're saying is simply not true. There's little to no noticeable difference between the compressed and uncompressed streams other than load time and it's effect on the bill.

      If you don't want it, nobody is forcing it on you, but they do offer the option of paying for the service. For the vast majority of folks, the compressed streams are less of a big deal than having unlimited connectivity.

  7. How are they doing this? by jonwil · · Score: 4, Informative

    How are they detecting "video streams" in order to throttle it?
    Based on host (e.g. known domain names for video hosts)?
    Based on protocol (e.g. blocking known streaming protocols)?
    Deep packet inspection?

    If they are detecting based on host, that's a net neutrality violation since they are discriminating between "video hosts they know about and throttle" and "video hosts they dont know about and don't throttle". If they are attempting to detect based on protocols or port numbers, it wont work for things that use standard HTTP as the underlying protocol or that use port numbers other than the ones they are expecting. And if they are trying some form of packet inspection, good luck doing that on an encrypted HTTPS YouTube stream.

    Also I wonder how they are enforcing the 480p restriction. Are they re-encoding the videos? Blocking streams higher than 480p? Something else? (and again, good luck doing that on an encrypted HTTPS YouTube stream)

    More to the point, you could probably easily get around whatever they are doing with a VPN and I bet you could find a suitable VPN provider for less than the $25 T-Mobile wants for unlocking high definition video...

    1. Re:How are they doing this? by slinches · · Score: 1

      I was okay with binge-on since it was no cost and offered benefits for both the wireless subscriber and T-Mobile. This is crossing the line whether it's about net neutrality or just value go the customer.

      At least they aren't killing the grandfathered unlimited plans ... yet. That's when they're guaranteed to lose me as a customer

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      Knowledge Brings Fear
    2. Re:How are they doing this? by Voyager529 · · Score: 1

      Your questions is why this is a very sticky situation...

      They 'detect' the streams in that streaming providers need to meet some sort of requirements to qualify. According to statements made, they're purely technical. Basically, if you can provide them a few IP addresses and the ability to respond to T-Mobile saying '480p please', you're in, I'm unaware of an instance where T-Mobile has discriminated against any provider that has met these purely technical requirements, nor am I aware of anyone coming forward to say that there was a hookers-and-blow requirement, including Google, which is notable because Youtube was last to the party of the majors.

      Users are perfectly allowed to disable BingeOn, and CSRs are trained to help users disable it. Anyone running a streaming service can qualify. T-Mobile isn't 'prioritizing' internet traffic from one provider over another from a bandwidth standpoint, but they *are*, at some level, doing so from a billing standpoint, since my self-hosted MediaGoblin server uses more of my data plan than Netflix does (I have an unlimited data plan so I don't care, but the point remains).

      So, we have a really sticky situation: Users who are okay with 480p streams can be okay with 480p streams and not have it count against their data plan. Companies who want to offer 480p streams can call up T-Mobile and be added without being prohibited from doing so. Is it *really* net neutrality, or is it the neutral zone?

    3. Re: How are they doing this? by Anonymous Coward · · Score: 1

      Full analysis of Binge On video classification methods is given in this paper:

      http://david.choffnes.com/pubs/bingeon_sigcomm16.pdf

    4. Re:How are they doing this? by jonwil · · Score: 1

      The issue is that they are now saying you have to pay extra to get HD video if you are on one of these new plans. If a provider doesn't give T-Mobile the details necessary to detect/block HD streams from that provider (or to force streams to 480p) how can T-Mobile stop people from getting full HD streams from that provider without paying the extra $25 charge? And more to the point, how can T-Mobile stop people using a VPN or proxy to get around paying the $25 charge?

    5. Re:How are they doing this? by Anonymous Coward · · Score: 0

      As a T-mobile customer, and a network engineer - as far as I can tell, they are(were?) using shaping to throttle the available bandwidth for the media streams to force the streams to fall back to 480p quality. I tested this myself about a year ago when this came out.

      With tethering, it was pretty obvious - youtube debug screen said it was getting about 1.5mbps, if i remember right.

      Disabled Binge-on, and it went back to expected quality.

    6. Re:How are they doing this? by Z34107 · · Score: 1

      how can T-Mobile stop people from getting full HD streams from that provider without paying the extra $25 charge

      They use some form of DPI to detect video content, and throttle everything that matches--even non-streaming downloads of video files--to 1.5 Mbps. If your video provider of choice feels like sucking T-Mobile's cock, there's an API approved providers can implement to serve <1.5Mbps streams to the "Binge-On" customer instead.

      If your video provider of choice has not written any T-Mobile-specific code, they better be able to dynamically degrade to a <1.5Mbps stream, or the video will buffer or not load at all. A VPN might be able to evade that, except a VPN would probably be detected as "hotspot" or "tethering" usage, which is throttled to 128Kbps on the new "unlimited" plans.

      Anyone claiming the video throttling ("Binge-On") is optional or can be turned off hasn't read TFA or TFS. That used to be the case, and still is on the old plans, but it's mandatory on the new "unlimited" plans in order to prevent you from actually using any data.

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      DATABASE WOW WOW
    7. Re:How are they doing this? by jonwil · · Score: 1

      Good luck doing meaningful deep packet inspection on encrypted HTTPS packets. Or do they plan to simply throttle HTTPS data of all sorts in case it might somehow be a video clip? Or are they somehow doing MITM on HTTPS connections?

    8. Re:How are they doing this? by Z34107 · · Score: 2

      According to this anon, they do string matching on host, content-type, and SNI fields, which is how they throttled HTTPS YouTube. If you wrote a proxy that rewrote those fields, you could escape Binge-On. Or apparently make Binge-On detect random shit as an approved streaming partner and zero-rate it for you.

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    9. Re:How are they doing this? by Anonymous Coward · · Score: 0

      With the new data plans, the default bandwidth is 128kbps.
      T-Mobile also has a whitelist of IP addresses that can have more bandwidth, apparently up to 2mbps, but you must be on their list of allowed-to-go-faster source IP addresses.

      You pay the extra $25/mo to utilize this IP white list.

      So assuming you pay the extra money, you can now get youtube streams faster than 128k. And twitch streams faster than 128k. and whomever else is on their allowed IP list at faster than 128k.

      Your HTTPS stream to $random_video_site won't be on their allowed IP list so will only have 128kbps available to stream to you, and presumably will fail doing so as that isn't enough for a 144p stream.

      Your VPN provider won't be on their allowed IP list, so will only have 128kbps available to anything (and everything) going over it, including streaming video.

      No deep packet inspection is needed or used here.

      This is based purely on the fact youtube and twitch and others pay t-mobile to be on this whitelist of IPs that is allowed more bandwidth than 128kbps.

    10. Re:How are they doing this? by ThatsMyNick · · Score: 1

      That is not how they throttle youtube. That is how they zero-rate youtube traffic. They rate-limit everything.

      Since everything is zero rated in the new plans, they dont have to do string matching on hosts SNI, etc. They just rate-limit everything. For 480p, the rate limit is around 1.5 mbps. For HD plans the rate limit is higher.

      You cant workaround by using a VPN, because VPN would throttled to 1.5 mbps (and with VPN overhead you may end up with less than 480p).

    11. Re:How are they doing this? by sexconker · · Score: 1

      Anyone claiming the video throttling ("Binge-On") is optional or can be turned off hasn't read TFA or TFS. That used to be the case, and still is on the old plans, but it's mandatory on the new "unlimited" plans in order to prevent you from actually using any data.

      Please cite plan documentation stating that it is mandatory. Or STFU.

    12. Re:How are they doing this? by Z34107 · · Score: 1

      That makes sense.

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    13. Re:How are they doing this? by Z34107 · · Score: 1

      I did that, so quit being an angsty fanboy. It's in their press release -- 480p video is unlimited, HD video is an extra $25 a month on top of your "unlimited" plan.

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    14. Re:How are they doing this? by sexconker · · Score: 1

      Please read what you quoted. UNLIMITED HD is $25 more.

      Unlimited data.
      Full speed up to the 97th percentile (currently around 26 GB).
      Unlimited (unmetered) video @ 1.5 Mbps. This already exists and is known as Binge On. It's literally one click to toggle it once you log into the TMobile site.
      Add-on available for unlimited (unmetered) video @ full speed.

      ZERO indication that you can't opt out of the unmetered 1.5 Mbps shit to get full speed video.

    15. Re:How are they doing this? by Z34107 · · Score: 1

      Let's assume you can still "opt out of the unmetered 1.5 Mbps shit to get full speed video." Go explain why it costs $25 extra for "unlimited HD" when you're already paying for a supposedly "unlimited" plan with "unlimited data."

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    16. Re: How are they doing this? by buchanmilne · · Score: 1

      And if they are trying some form of packet inspection, good luck doing that on an encrypted HTTPS YouTube stream.

      The 3 leading DPI platforms currently have no problem identifying Youtube over HTTPS. I think most of them use the certificate exchange to do so at present. Encrypted certificate exchange which is being considered as an enhancement to HTTP2 may prevent this.

    17. Re:How are they doing this? by squiggleslash · · Score: 1

      There's a combination of technologies being used. Packet inspection is the big one. Yes, you can bypass it by using HTTPS.

      However, they're also doing it by host, but only with the consent of the host owner. The reason the host owner gives consent is because if they do, then their content will be both throttled, but also made free, to users who don't have unlimited plans.

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      You are not alone. This is not normal. None of this is normal.
    18. Re:How are they doing this? by Anonymous Coward · · Score: 0

      Because you don't get "Unlimited High Speed Data" you get "Unlimited Data" which the plan specifies as being high speed up to 26 GB at which point they may/may not throttle you per the plan agreement depending on network demand at the time of use. The "opted in" Binge On simply means that none of your 480p video, this may be a smart addon.

  8. Better than it used to be. by jtownatpunk.net · · Score: 1, Insightful

    When they started this throttling thing, only a small number of video sources were "free" and I complained that this was a blatant violation of net neutrality.

    But now they appear to be throttling all video across the board so all content is degraded equally. It's hard to argue that this isn't neutral.

    1. Re:Better than it used to be. by thegarbz · · Score: 1

      But now they appear to be throttling all video across the board

      Across which board? Netflix, Hulu, Youtube, Redtube? What about if you host a video on a private server and play it, is it still throttled? If so then there's no problem. If not then it's still a breach of net neutrality.

      I'm going to guess that they have a list of hosts they throttle.

  9. Neutal my ass by Anonymous Coward · · Score: 1

    " It's hard to argue that this isn't neutral."

    It's only neutral if you consider the subset of "video services they detect" that TMobile chose. It's to slow some packets coming to you as bandwidth limited, even though you are paying for that service, not some selected subset of those packets.

    They're throttling some services vs other services, you could make your selective argument about any subset they choose to select.

    e.g. They throttle news papers based in New York.... well at least they're treating all newspapers in New York equally..... its hard to argue that this isn't neutral and in no way targets the New York Times.

    e.g. They throttle all video from social media sites equallty, its hard to argue that this isn't neutral, and in no way designed to cap Facebooks video replay.

    1. Re:Neutal my ass by jtownatpunk.net · · Score: 1

      You're special, aren't you?

  10. Equality != neutrality by Anonymous Coward · · Score: 0

    ... which accuses the company of violating net neutrality principles.

    Net neutrality doesn't mean all data is treated equally, just that all servers are treated equally. It may be splitting hairs to say video-streaming data is different to other data protocols but I don't have a problem with that. Of course, T-mobile runs into the problem of being unable to identify a video-streaming protocol, thus mistakenly giving it preferential treatment.

  11. You want a fatter pipe, pay for it by davide+marney · · Score: 1

    How is this "throttling"? All T-Mobile is pointing out is that bandwidth is a limited resource. If you want more of it, you need to pay for it. How is that any different than the days when we moved from 56K dial up to broadband?

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    "We receive as friendly that which agrees with, we resist with dislike that which opposes us" - Faraday
    1. Re:You want a fatter pipe, pay for it by Anonymous Coward · · Score: 0

      It is throttling because they are selling you one speed and then not giving you that speed for everything.

      For instance, You're paying for 24 Mbps unlimited data.
      Oh, but when you watch videos, you only get 8 Mbps. Unless you pay extra.

      This is like buying some water, then the person you bought it from holds onto it, and only lets you have a little bit, and if you want to actually drink your water, you have to pay them more.

      I'd have no problem if they offered 8 mbps everything at a lower price, or 24 mbps everything at a higher price. You should get the bandwidth you pay for, regardless of what you're doing with it. Not "pay for a higher bandwidth but be intentionally limited sometimes."

  12. Better by Impy+the+Impiuos+Imp · · Score: 1

    Now this is honest -- unlimited but with video throttling, more for no video throttling. You accept a known agreement which also recognizes the reality.

    Compare vs. sneakily extorting some of what you pay Netflix or they will crapify your Netflix, contrary to their agreement.

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  13. But my phone is just 480p by Anonymous Coward · · Score: 0

    Why do I need unlimited 1080p when my phone screen is just 480 pixels. Unlike the local monopolies held by cable companies, with mobile phone you have a lot of choices so what are they complaining about?

  14. Netflix by renegade600 · · Score: 1

    Netflix charges for hd too though it is only a dollar. how is it different from what tmobile is doing?