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AT&T Could Cut Off P2P Users

Posted by CmdrTaco on Thu Jul 31, 2008 08:57 AM
from the take-their-ball-and-go-home dept.
malign noted that AT&T has stated that using P2P on their 3G wireless network is grounds for disconnection. The lobbyist told congress "Use of a P2P file sharing application would constitute a material breach of contract for which the user's service could be terminated."
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  • Nice... (Score:5, Interesting)

    by courteaudotbiz (1191083) on Thursday July 31 2008, @09:00AM (#24415881) Homepage
    It could widely open the door for such clauses in regular ISPs contracts...
    • Re: (Score:3, Informative)

      by Anonymous Coward

      It could widely open the door for such clauses in regular ISPs contracts...

      This is nothing new. It's just usually not enforced.

      For instance, Rogers's (Canadian ISP) TOS/EUA forbids a normal thing like hosting a website at pain of connection termination:

      [4,k: not] operate a server in connection with the Services including but not limited to mail, news, file, gopher, telnet, chat, web, or host configuration servers, multimedia streamers, or multi-user interactive forums;

      Rogers EUA [yahoo.com]

      Violation is sufficient for them to cut your internet connection. Of course, they prevent people from doing this accidentally by fidiling with ICMP. In combination with their DNS poisoning, excuse me, helpful assistance... Rogers is becoming a really bad ISP.

      • Re:Nice... (Score:5, Insightful)

        by Stellian (673475) on Thursday July 31 2008, @10:35AM (#24417639)

        This is nothing new. It's just usually not enforced.

        Even if it's enforced, I don't think RIAA should rub their collective hands just yet.
        The old model says, do what you want with Internet connection, but if we find you breaking the law, we'll put you in jail, make you pay trough the nose etc. etc. This a significant deterrent for people thinking to use P2P illegally.
        What they are proposing here is: do what you want make sure you are not caught; if we do catch you, we will give you a slap on the wrist.
        This will just drive people to use more and more stealth P2P applications, share knowledge about what works and what not, switch from torrents to things la freenet etc.
        A three-strikes and your out policy still allows three tries, and that's plenty of room for experimenting, only the most obtuse users will keep using the same p2p application to eventually be cut off. The users will always move faster than the corporate ISPs ability to implement piracy detectors.

        This is a desperate move, and privacy issues aside, a good development for driving work on the anonymizing P2P services.

      • Re:Nice... (Score:4, Funny)

        by sglewis100 (916818) on Thursday July 31 2008, @12:57PM (#24420435)

        [4,k: not] operate a server in connection with the Services including but not limited to mail, news, file, gopher, telnet, chat, web, or host configuration servers, multimedia streamers, or multi-user interactive forums;

        That's why I won't move to Canada. If I can't run my gopher server - well, what's the point of living??

    • Re:Nice... (Score:5, Insightful)

      by wild_quinine (998562) on Thursday July 31 2008, @09:26AM (#24416373)

      It could widely open the door for such clauses in regular ISPs contracts...

      Two points:

      1) This is actually a very different thing to a regular ISP contract, and is not related to copyright law. They're banning P2P because their network cannot handle P2P. That may be their own damn fault, but it's not an argument about users rights so much as an argument about their network infrastructure and QoS management.

      2) Blanket banning P2P simply would not work at this stage for regular ISPs. Honestly, it's too late for that. It's already embedded in what consumers do, and you can't just turn it off any more. There are already too many legitimate consumer-oriented applications that make use of P2P; including that $100 million a month cash-cow, world of warcraft. (Sure, you can http if you have bad/no p2p access, but it would be a real degradation of patch-download time if you tried.)

      Also streaming TV (see Joost, BBC iPlayer, etc) is starting to make use of it.

      • Re:Nice... (Score:5, Interesting)

        by tambo (310170) on Thursday July 31 2008, @09:55AM (#24416907)
        • Buy subsidized iPhone tied to lengthy, pricey AT&T service contract
        • Activate iPhone and run P2P application, causing AT&T to cut off service and cancel contract
        • Sell iPhone on eBay for PROFIT!

        AT&T has discovered Step 2 for us! Awesome work, AT&T scientician people! We can bail ourselves out of the recession this way!

        - David Stein

        • Re:Nice... (Score:4, Informative)

          by Zenaku (821866) on Thursday July 31 2008, @10:04AM (#24417059)

          Just because they are the ones canceling the contract doesn't mean they won't charge you the "early termination" fee.

            • Re:Nice... (Score:5, Informative)

              by eXonyte (842640) on Thursday July 31 2008, @10:27AM (#24417463)

              If we terminate your service for nonpayment or other default before the end of the Service Commitment, or if you terminate your service for any reason other than (a) in accordance with the cancellation policy; or (b) pursuant to a change of terms, conditions, or rates as set forth below, you agree to pay us with respect to each Equipment identifier or telephone number assigned to you, in addition to all other amounts owed, an Early Termination Fee of $175.

              Quoted from AT&T Wireless's Service Agreement [att.com] (emphasis mine). So yes, they can in fact charge you the fee if they are the ones canceling the contract.

              • Re:Nice... (Score:4, Insightful)

                by wizzahd (995765) on Thursday July 31 2008, @10:40AM (#24417761)

                If we terminate your service for nonpayment or other default before the end of the Service Commitment, or if you terminate your service for any reason other than (a) in accordance with the cancellation policy; or (b) pursuant to a change of terms, conditions, or rates as set forth below, you agree to pay us with respect to each Equipment identifier or telephone number assigned to you, in addition to all other amounts owed, an Early Termination Fee of $175.

                Quoted from AT&T Wireless's Service Agreement [att.com] (emphasis mine). So yes, they can in fact charge you the fee if they are the ones canceling the contract.

                Correct me if I'm wrong, but doesn't that suggest that if they terminate you specifically for nonpayment or default, ie, billing issues, they can hit you with that termination fee? I don't see anything in there about breaking the rules...

                  • Re:Nice... (Score:4, Informative)

                    by Stiletto (12066) on Thursday July 31 2008, @11:32AM (#24418801) Homepage

                    IANAL either, but AFAIK, contracts are either totally or partially unenforceable if the contract as a whole or some part of the contract either violates a state or federal statute or violates public policy.

                    In other words, if you sign a contract agreeing to let me murder your wife, it's not enforceable.

  • by adpsimpson (956630) on Thursday July 31 2008, @09:01AM (#24415905)

    While this may be oppressive, at least users now know where they stand.This has to be better than an invisible, 'if we think you're using too much we may slow you down, and then lie about it repeatedly' policy.

    Not to say that both are mutually exclusive, of course.

    • by Tabernaque86 (1046808) on Thursday July 31 2008, @09:12AM (#24416093)

      While this may be oppressive, at least users now know where they stand.This has to be better than an invisible, 'if we think you're using too much we may slow you down, and then lie about it repeatedly' policy.

      Similarly, it's better that they're reminding customers of this and giving them a heads up. If it's in their contract, couldn't AT&T automatically pull the plug on their service and say later "You breached the contract...you *did* read the contract, didn't you?"?

  • by slk (2510) on Thursday July 31 2008, @09:01AM (#24415917)

    3G wireless data networking is a service with very limited total bandwidth. It has a premium price, and is primarily targeted at business users. Given the basic physical limits involved with the radio spectrum in question, you really have to either do this or have specific bandwidth quotas to effectively manage a network.

    Having said that, I prefer Verizon's solution of clearly stated 5GB quota with overage at a known and stated cost. I don't use their service as a primary internet connection, but it's invaluable for the ability to connect from *anywhere*. This is particularly useful as I run my own consulting company, and need to be able to have access no matter what.

    (Ultimate lightweight setup: Xseries Thinkpad plus Verizon EVDO modem)

    • by Darkness404 (1287218) on Thursday July 31 2008, @09:12AM (#24416101)
      Then the answer is don't say unlimited for example, rather then AT&T saying unlimited data, they should clearly state in ads, but no P2P.
      • Re: (Score:3, Interesting)

        AT&T doesn't say unlimited on the laptop plans, they state 5GB.

        p2p is a beast on a bandwidth limited network. It doesn't back off properly when there is congestion, and just hammers until things start to break.

        3G wireless connections are NOT the place for p2p. As such we shouldn't be counting them when we count broadband availability. I have a Cable modem at home and work, and a T1 at work. Plenty of places to do p2p without clogging the 3G network.

    • by langelgjm (860756) on Thursday July 31 2008, @09:13AM (#24416119) Journal

      Before the discussion wanders off topic, it's important to note that this is not about copyright violation, something that's not mentioned anywhere in the letter. But, to quote from the letter:

      Todayâ(TM)s P2P file sharing applications are inappropriate for AT&Tâ(TM)s mobile wireless broadband network, which is optimized to efficiently support high data rates for multiple users that send and receive intermittent or âoeburstyâ traffic generated by activities such as browsing the Internet and sending email. Because P2P file sharing applications typically engage in continuous (rather than bursty) transmissions at high data rates, a small number of users of P2P file sharing applications served by a particular cell site could severely degrade the service quality enjoyed by all customers served by that site.

      So really, the issue isn't even P2P - the issue is "continuous transmissions at high data rates."

      Now, the other day I spent about 2.5 hours on a Skype video call, and a few days before that I downloaded an ISO over HTTP (Mythbuntu). Will activities like those eventually be labeled a breach of service, because of their nature as "continuous transmissions at high data rates"? What about visiting Hulu? I think those are all pretty legitimate questions.

      • by FooAtWFU (699187) on Thursday July 31 2008, @09:22AM (#24416285) Homepage
        My Sprint wireless service already says that things like streaming VOIP (or even streaming Internet radio) are against the terms of service. Apparently it's for "web browsing and email" internets only.

        That and the "unlimited service" means "we'll kick you off if you use over 5 gigs".

          • by mea37 (1201159) on Thursday July 31 2008, @09:35AM (#24416533)

            It's not unreasonable to think they'd want to. But that doesn't matter.

            It is unreasonable to expect to be allowed to. Why? Because of the impact on the other users. Because it isn't what the network is designed to support.

            Just because it's reasonable to want soemthing, doesn't mean anyone can or should provide it.

    • by TubeSteak (669689) on Thursday July 31 2008, @09:17AM (#24416185) Journal

      3G wireless data networking is a service with very limited total bandwidth. It has a premium price, and is primarily targeted at business users.

      We're talking about AT&T.
      You know, the people with the exclusive deal on the iPhone...
      You're trying to tell me that those millions of iPhone subscribers are business users?

      Maybe "3G wireless data networking" was "primarily targeted at business users" by AT&T, but they got the iPhone and with it comes the non-business masses. Not to mention that 3G is not "primarily targeted at business users" anywhere else in the world.

  • by MightyYar (622222) on Thursday July 31 2008, @09:01AM (#24415923)

    Why must they sell this "unlimited" crap that is actually very limited? Give me data and a rate schedule, just like with voice minutes. Let me specify a cap so that some errant process doesn't wipe me out financially.

  • by rodrigoandrade (713371) on Thursday July 31 2008, @09:01AM (#24415925)
    Before the hordes of angry /.'ers start cursing AT&T into oblivion, let me start by saying it's their network and they can impose whatever rules they feel like. Nobody is forcing you to sign up; there are options.
    • by ari_j (90255) on Thursday July 31 2008, @09:06AM (#24416001)
      There's a difference between imposing rules and reinterpreting a contract that you've already entered into. If there is a contract term that actually does cover lawful P2P usage, that's imposing a rule. If there is a contract term that prohibits using their network to infringe anyone's copyright and they claim that lawful P2P usage falls within that prohibition, that's different.
    • by LWATCDR (28044) on Thursday July 31 2008, @09:10AM (#24416049) Homepage Journal

      Not exactly.
      Part or the problem is that they will use the term Unlimited. Then they will put on limitations. To me that instantly invalidates all their contracts.
      Next they are operating as a "Common Carrier" that gives them all sorts of legal protections. This could cause them to loose their Common Carrier protections.

      • Re: (Score:3, Informative)

        1. It's lose.

        2. All the old common carrier rules went out the window with the internet. Not by law or anything, but just look at all the poking around in your data ISP's do nowadays. If they haven't lost CC protection for it yet, I doubt they ever will.

    • Re: (Score:3, Insightful)

      yes but if you're already "in" can you get out now that they've changed "the rules of the game"?
    • by wizardforce (1005805) on Thursday July 31 2008, @09:12AM (#24416099) Journal
      the fact both comcast and AT&T are doing this and not getting punished by the market as it is says pretty clearly that one of two things are true: 1) there is little if any competition and/or 2) people really don't care enough to switch sadly both are probably true to some extent.. which explains a lot of why the US is near the bottom of industrialized nations in terms of the capabilities of our broadband/wireless networks...
      • You do realize... (Score:5, Insightful)

        by wiredog (43288) on Thursday July 31 2008, @09:20AM (#24416243) Journal

        That Comcast is a ground based cable carrier, and hid it's interference, and AT&T is a wireless carrier whose TOS openly states that use of P2P applications on their wireless platform is grounds for termination of the contract? Slight differences there...

           

    • by neokushan (932374) on Thursday July 31 2008, @09:12AM (#24416109)

      If only real life was that cut and dry.
      It's not always a case of "Don't like it? Don't sign up".
      What if you were unfortunate enough to live in an area where AT&T were the ONLY operators?
      What if you have an iPhone?
      What if you've already signed up to their UNLIMITED package and just started a 12-month contract only to find it's not quite so Unlimited?

        • by FictionPimp (712802) on Thursday July 31 2008, @09:53AM (#24416869)

          Are you sure about that, In my area we have a few cell phone companies, but in the places I need to travel to (out in the countryside) there is only one company with any service.

          I have tried ATT, tmobile, sprint, etc. None of them functioned where I work, except for one....

          Verizon.

          I hate verizon's phone choices, I hate their restrictions, etc. But I simply do not have a choice.

          I'm sure there are places where the same is true about att.

    • BullSHIT (Score:5, Insightful)

      by hellfire (86129) <deviladv AT thedevilsadvocate DOT org> on Thursday July 31 2008, @09:12AM (#24416111) Homepage

      No, they should not be able to say that. Because if they say that, every ISP can and will say that, then they start preventing you from downloading competitor's material, then they start censoring, and then the internet begins a slow death spiral in the US.

      ISPs should be covered under common carrier laws. That means they are not responsible for the content of the information they transmit, but that they can also not give preferential treatment to a specific type of information or deprecate another type of information. They key here is the content of information. Downloading one 5 MB file should not be any different than downloading another 5 MB file, no matter what's within the file or what program you use to download it.

      Content providers are putting more and more pressure on ISPs because they can. The ISPs in turn put pressure on the consumer and start setting standards which they should not be setting. Content providers should not have this much control!

    • by Lord Apathy (584315) on Thursday July 31 2008, @10:16AM (#24417271)

      Screw that. It maybe their network but I have issues with them plastering signs up saying unlimited internet 60 bucks a month. Then sneaking in some shit in the contract written in flyspeck 3.

      My story. I almost signed up for this 3G bullshit from AT&T. I asked the sales monkey what unlimited meant. He said it meant I could do anything with no limits, just what it said. I played 20 questions. I ask him could I watch unlimited video over it. He said yes, no limit. I ask him about running VPN on it 24/7. Same answer. I stated that I sometimes use bittorrent to download openSuse DVD iso, 4.5 GB. He nodded and said no problem.

      So the fucker lied didn't he? He said to me point blank I could use p2p over the network but the contract woudl state I can't? This is the BS I have issues with. In the end I didn't get the service. Something about the way the sales monkey smiled.

    • by KeithIrwin (243301) on Thursday July 31 2008, @10:56AM (#24418077)

      Well, it's their network, but it's using radio frequencies which are leased from the public. They're part of a small group of carriers which have exclusive rights to certain blocks of frequencies. The limitations of the available bandwidth stop this from being a freely competitive market. As such, it is reasonable to discuss whether or not their policies are appropriate. If we collectively feel that their policies are inappropriate, then we should change the terms of the spectrum lease when it comes up for renewal to limit what they are allowed to do or require them to do certain things.

      Essentially, they're our tenants and if they aren't using our property in a way we find acceptable, we should change the lease. Now, while the current lease is in effect, it's their decision how to use the bandwidth within the bounds of the current lease. But it's perfectly reasonable for us to discuss whether or not we like what they're doing. Bandwidth leases are not given out blindly. They frequently have conditions attached to them which are meant to promote the general good. There's certainly nothing wrong with discussing a requirement that bandwidth used to provide internet service be free from user policies which restrict which applications can be used on that service.

  • Not Unreasonable (Score:5, Insightful)

    by whisper_jeff (680366) on Thursday July 31 2008, @09:03AM (#24415957)
    Over their cell network, I don't think this is an unreasonable stance for them to take. Sure, it may be annoying for the .05% of users (or whatever miniscule percentage of people) who are affected by this, but this isn't about internet access for the home computer - it's about wireless internet access for a cell network. Sure, when our cell phones are much more advanced and p2p applications make sense I'll think they need to rethink their stance, but for now, it's pretty reasonable. imho.
  • by PMuse (320639) on Thursday July 31 2008, @09:05AM (#24415989)

    As long as they're clear about what they are and aren't selling for $XX.99 per month, they're free to not sell whatever they don't want to sell.

    (The mistake that the ISPs made was in claiming to sell YYY Mbits/s 'unlimited' and then not actually providing that.)

    • This sounds like an excellent way to get out of an ATT contract without early cancellation fees.

      Buy an iPhone for $300; get ATT contract. Tether the iPhone to your laptop and install a fresh copy of WoW.

      They drop you and you don't have to pay for the rest of the contract.

      • Re: (Score:3, Insightful)

        I'm pretty sure that if they terminate you "for cause", that somewhere, in sub paragraph 31 c clause III on page 49 of the contract, it states that they are allowed to get their early termination fees. Or worse, that you still owe them the rest of the contract without them providing you with anything.
  • No Safe Harbor (Score:5, Interesting)

    by scubamage (727538) on Thursday July 31 2008, @09:15AM (#24416163)
    By selectively banning accounts for certain types of traffic, AT&T has effectively disqualified themselves from the safe harbor provisions. All that someone needs to do is download some pics of kiddy diddling and AT&T could be sued to oblivion for providing child pornography. Safe harbor ONLY applies when the ISP doesn't bias network traffic.
  • 3G People (Score:4, Insightful)

    by gEvil (beta) (945888) on Thursday July 31 2008, @09:18AM (#24416209)
    Wow, I just read through the comments at a threshold of 0, and it's clear that a whole lot of you can't seem to understand that WE'RE TALKING ABOUT A 3G DATA NETWORK. So all you people talking about downloading large files using BitTorrent or playing WOW, how many of you do that from YOUR FUCKING CELL PHONE?!?!?
  • by burris (122191) on Thursday July 31 2008, @09:21AM (#24416275)

    1. Profanity on AT&T's network will be fined at $0.99 per incident

    2. Failure to return mother-in-law's call will temporarily disable all other outgoing calls.

    3. Calling ex-girlfriend after 10 pm will be charged at time-and-a-half.

    4. Using map feature to locate a Verizon retail store will cause your handset to be remotely bricked.

    5. Calling AT&T customer service will result in temporary data throughput reduction.

    6. Calling three friends in a row within a three minute period will result in suspension of outgoing call privileges.

  • by Bobzibub (20561) on Thursday July 31 2008, @09:26AM (#24416377)

    Ever since getting my "3g" iphone, I've never seen a good 3g signal. Hope you like all that cash I send you AT&T.

  • by alextheseal (653421) on Thursday July 31 2008, @09:32AM (#24416489)
    Super, this is an easy way out of any ATT contract. Fire up a P2P client and you are out of your contract with no termination fees. Cool.
  • by davonshire (94424) on Thursday July 31 2008, @09:45AM (#24416701)

    AT&T can certainly change their contract as they deem apropriate. I'm pretty certain that's become a common practice. But A lot of you decriers of 'FOUL' are kind of missing the point.

    The whole "Legitimate" reason for using P2P / BitTorrent whatever is to try and ensure that there will be more bandwidth for a desired file than will be availible by any one provider.

    That is to say, now adays files are so large and there is so much demand that unless you have oodles and oodles of upstream bandwidth, someone is going to get denied access because of too many users. (any of you who may remember ftp archives like WU) or downloads that are much slower than that 8Gb fiberline you just had run the last mile to your house.

    It's the same philosophy that you all bitched about when you'd say MS Windows expands to fill all resources. Just because you can use P2P doesn't mean you should. A lot of you are savvy enough to know how to limit the number of upstream clients you can provide for. But in general uncontrolled P2P will consume as much of your upstream as it can while your downloading your Pr0n.

    Anyone who plays WoW will know their P2P is vicious, and this is from a company with the most popular MMORPG in the world, Billions of dollars a month from user fees and such and they have to use your network to help spread their updates?

    So cry if you get thumped by the 'Corporate Giant' trying to keep the hard working hacker down. It's not about unlimited data, it's about people using tools that crush everyone elses fun using that service.

    Think about it, you paid to move data for yourself up and down that line, P2P makes you a data dealer for 2 - 100's more all on that one line you are paying for.

    Probably blew my Karm but oh Well.

    DS

  • by MarkKnopfler (472229) on Thursday July 31 2008, @09:59AM (#24416977)

    It is for the 3G wireless networks. The capacity of a network is calculated on a probabilistic model where a bunch of users communicate in intermittent quanta of downloads and uploads. So the bandwidth is provisioned, ( especially in a wireless network ) in such a way that you have the promised amount of bandwidth in spike. There is only that much you can put in a single wireless burst. A P2P application in sharp contradistinction, will generate a stream of steady and large volume of traffic in both directions, for as long as it is running. This will lock up a bunch of slots on a burst, starving other user terminals in the vicinity. The problem with torrents I think is not the amount of data transferred, but the pattern in which it is used. The attempt I think is to provide an uniform user experience for all.
    It is understandable from a provisioning point of view, but let us see how it works out in the market.

    • by ptbarnett (159784) on Thursday July 31 2008, @09:10AM (#24416063)
      Sprint has a $60/month unlimited plan, with no dependency on a voice plan. I'm using it now.
      • Re: (Score:3, Informative)

        I recommend ATT or Verizon, both equally, and no one else.

        I disagree. If you live in a major city both T-Mobile and Sprint are valid options. Both of them are focused on covering the areas where 90% of the population spends 90% of it's time. If you live in a decent sized city and rarely venture out into the countryside then why the hell should you pay half again as much (or more) for service with Verizon or AT&T?

    • Re:Oh good. (Score:5, Insightful)

      by mea37 (1201159) on Thursday July 31 2008, @09:17AM (#24416199)

      "Does he really have many options if he wishes to choose another ISP?"

      If we were talking about land-based ISP service, the answer would depend on where you live, but in most places there's at least one other option if you know where to look.

      But we're not talking about land-based ISP service. We're talking about 3G cell phone service.

      "ISPs due to infrastructure tend to have a natural monopolies. They have the responsibility of responding to the demands of their users."

      Ah, the good old sense of consumer entitlement. So if I own the only lake-side property in town, and the folks in the town want a lake-side restaurant, I'm obliged to operate one for them? Nonsense.

      The only special obligation placed on a monopoly is that it not abuse the free market with the power that being a monopoly gives it. Not being in the business you want them to be in isn't an abuse.

    • Re:This is news? (Score:4, Interesting)

      by Sloppy (14984) on Thursday July 31 2008, @10:44AM (#24417831) Homepage Journal

      Who would want to try and P2P anything over 3G, anyhow?

      Today? I don't know. Today P2P is mainly used just for the sharing of large data files.

      It's pretty to imagine future applications where it really makes a lot of sense, though. Imagine this: your jabber server says that someone wants to initiate a VoIP phone call. The caller's request is PGP-signed, so you don't just immediately reject it out-of-hand as obviously a spammer. You immediately download their public key from a keyserver using a non-p2p protocol, but now you need to do a reputation lookup, to find out if anyone on your reputation WoT asserts that this identity is not a spammer. Your phone, talking through giFT layer, sends a request out to a variety of p2p networks, asking for reputation attestations concerning keyid 98379234. You get an answer from someone, where 43523453 (who happens to be someone with an already-positive reputation in your local cache) attests that 98379234 is not a spammer, so your phone goes ahead and beeps and displays "incoming call." The file transferred is really pretty small and not incompatible with the idea of bandwidth-limited networks.

      p2p's potential applications are vast. We're just in the very early days, is all, so we don't always see every way it could be used.