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Comcast Has 30 Days To 'Fess Up About P2P Throttling

Posted by timothy on Thu Aug 21, 2008 03:32 PM
from the must-bring-enough-throttle-for-the-whole-class dept.
negRo_slim writes with some welcome news from Ars Technica: "Comcast has 30 days to disclose the details of its 'unreasonable network management practices' to the Federal Communications Commission, the agency warned Wednesday morning as it released its full, 67-page Order. As FCC Chair Kevin Martin said it would, the Commission's Order rejects the ISP giant's insistence that its handling of peer-to-peer applications was necessary. 'We conclude that the company's discriminatory and arbitrary practice unduly squelches the dynamic benefits of an open and accessible Internet,' the agency declares." And from reader JagsLive comes news that Comcast has a different plan in place to deal with heavy bandwidth users: slow traffic for up to 20 minutes at a time to users who are grabbing the most bits.
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  • by seanadams.com (463190) * on Thursday August 21 2008, @03:33PM (#24695077) Homepage

    Comcast's problem has got me thinking, has anyone implemented a QOS mechanism that works like *nix CPU time allocation? In simple terms that's where a task's priority is determined as an inverse function of the amount of CPU time it wants. It seems to me the same thing should work just fine for bandwidth allocation. You just let interactive connections have as much as they want, and the continuous hogs get whatever is left - but you do this in a protocol-agnostic way that is based solely on demand.

    But: this only would be appropriate if your goal is to deliver maximal performance under full link utilization. I don't know if this is a real problem for the cable providers - I doubt if last-mile congestion is as big an issue as people think. Probably they are more concerned about reducing their total cost for bandwidth to the internet. In that case the strategy of temporarily throttling the hogs seems reasonable and fair because it is protocol-agnostic, but ONLY if the specifics of this mechanism are disclosed to the customer, and this service is NOT advertised as "unlimited".

    • by eln (21727) on Thursday August 21 2008, @03:37PM (#24695133) Homepage

      This type of throttling seems like it could be a real problem for Video On Demand applications, since suddenly slowing down your connection when you're streaming video could result in some pretty lousy viewing experiences.

      Since Comcast itself seems like one of the companies poised to go into Video On Demand in a big way, this strategy seems like shooting themselves in the foot. Sure, they could have it throttle only if it's not Comcast's VOD, but then they run into the same issue with the FCC that they currently have with the P2P throttling.

      I don't see how Comcast can do real content-agnostic throttling without screwing with its own content offerings. I guess that's the problem with being a bandwidth provider and a content provider at the same time.

      • If they throttle only users that aren't using Comcast VOD, it's going to be much harder to prove, since there aren't any fake packets being inserted in the stream. Also, since net neutrality is not the law, that sort of throttling might even be legal.

      • Re: (Score:3, Interesting)

        by Anonymous Coward

        They're not just throttling P2P. At a company that will remain nameless, we caught Comcast RST-throttling HTTPS traffic generated by our business software.

        Said company is nameless because management doesn't want to expose what Comcast is up to. Says it makes them look bad.

      • by mc900ftjesus (671151) on Thursday August 21 2008, @04:14PM (#24695705)

        Hahahaha, that was priceless. You really think they'd throttle their own content? No, they're throttling Netflix and anyone else trying to do VOD.

        Comcast offers VOD on their internal network, this costs them nothing. Netflix VOD comes over the Internet link they rent from another company, so they would rather make this unwatchable and continue to have a monopoly on content delivery.

        They're preemptively trying to stamp out any competition but under the guise of "oh noes we're out of the bandwidths." Comcast charges plenty for the bandwidth you're using, but to push profits higher they need your Internet use to go down but your costs to go up. Just another instance where Wall St.'s "make more every year" mentality is going to hurt us more every year.

          • by dgatwood (11270) on Thursday August 21 2008, @04:51PM (#24696263) Journal

            So set the limit at 6 Mbps. What, you mean Comcast can't deliver a continuous 5Mbps to all their customers? Are you telling me they oversold their bandwidth? Say it ain't so. :-D

            But seriously, the right solution is to make VOD use multicast and treat multicast rates as the number of bytes streamed divided by the number of clients. Use the local hard drive as a very large cache, and by the end of the movie, you have the whole thing on your HD and aren't consuming any bandwidth. The notion of "live" streaming of movies off a hard drive in some server farm in a unicast client-server style is so 1985 (prior to RFC-966). After all, this is precisely what multicast was designed to do. If it doesn't get the job done, create a new RFC and a new underlying packet routing protocol that does, but could the cable companies PLEASE quit jerking everybody's chain and saying "Oh noes, VOD can haz mor bandwidth?" It got tiresome ten years ago. Now, it no longer qualifies as comedy and falls squarely into the bucket marked "that's just sad".

    • by corsec67 (627446) on Thursday August 21 2008, @03:39PM (#24695161) Homepage Journal

      That is exactly how the default QOS on the Tomato firmware works:
      As the amount of bandwidth a connection has used rises, it gets placed in lower categories for QOS. Along with prioritizing DNS and ACKs, that makes the most of a limited connection.

    • by wizardforce (1005805) on Thursday August 21 2008, @03:52PM (#24695373) Journal
      pay based on how much bandwidth you use- say 25 cents a gig + 10$/month for the connection its self- that way it regulates its self. you use more, you pay more and it doesn't matter what kind of data it is. the isps get more $ for more traffic they get and consumers don't get throttled nor do those who don't use much pay truckloads for the privilage of just getting online. [in fact data use would somewhat be encourageable by isps because they'd make more] it works for utilities like water, gas, electric etc why not here too?
      • by D'Sphitz (699604) on Thursday August 21 2008, @04:07PM (#24695607) Journal
        A few customers would pay more, like the dvd collectors and file sharing fanatics. The majority who use the internet normally would have significantly lower cable bills. I'm sure the cable companies love the people who pay 39.95 to check email and watch the occasional youtube video, most people don't even know what a torrent is, much less have half a dozen dvd's downloading at any given moment.
      • Re: (Score:3, Interesting)

        pay based on how much bandwidth you use- say 25 cents a gig + 10$/month for the connection its self- that way it regulates its self. you use more, you pay more and it doesn't matter what kind of data it is. the isps get more $ for more traffic they get and consumers don't get throttled nor do those who don't use much pay truckloads for the privilage of just getting online. [in fact data use would somewhat be encourageable by isps because they'd make more] it works for utilities like water, gas, electric etc why not here too?

        Because every other ISP in the area is offering "UNLIMITED!" bandwidth - no one wants to be the one advertising limited, even if the unlimited really is limited.

        • Re: (Score:3, Insightful)

          This is exactly the type of "harmful government interference" the small ISPs were all glad to have the big network players like AT&T and Verizon fight against.

          Then, towards the end of viability for most small ISPs, they realized that AT&T telecom division being guaranteed to have to charge the same rates to AT&T's internet service division for line access as what they'd charge a competitor didn't mean much when AT&T offered huge volume discounts -- but mostly on volumes only AT&T interne

    • by Lumpy (12016) on Thursday August 21 2008, @04:22PM (#24695793) Homepage

      Last mile congestion for comcast is not a problem. the problem is they only have t3 bandwidth where they should have oc12 bandwidth and dont want to upgrade their headend connections to internet backbones. I know of one market that was consolidated with a fiber backbone and they eliminated 4 headends into 1. they did NOT upgrade the connection in the main headend to take account for the added load from all the other communities rolled into it.

      THAT is what is happening, they want to be an ISP but dont want to do any of the ISP things like upgrading your backend. Because that's expensive.

    • Re: (Score:3, Informative)

      Yes, this has been integrated into Cisco routers for quite some time. It's called Weighted Fair Queueing [wikipedia.org]. WFQ schedules high-bandwidth streams in a round-robin fashion, yielding bandwidth to low-bandwidth streams so applications that speak infrequently don't get starved out. i.e. The more you talk on the pipe, the lower your overall priority becomes.

      Cisco also extends this concept with class-based Weighted Fair Queueing [cisco.com]. CBWFQ allows you to put traffic into buckets and each bucket can have different que

  • Awesome (Score:5, Funny)

    by Anonymous Coward on Thursday August 21 2008, @03:35PM (#24695105)

    And from reader JagsLive comes news that Comcast has a different plan in place to deal with heavy bandwidth users: slow traffic for up to 20 minutes at a time to users who are grabbing the most bits.

    Awesome. So now I can stop my DOS attacks for 20 minutes at a time, and let comcast take over?

  • Or else what? (Score:5, Interesting)

    by Drakin020 (980931) on Thursday August 21 2008, @03:36PM (#24695111)

    What is the FCC going to do...Send another strongly worded letter?

    Seriously, I want to see something actually happen for once.

    • Re:Or else what? (Score:5, Insightful)

      by Gat0r30y (957941) on Thursday August 21 2008, @03:39PM (#24695171) Homepage Journal
      You make a valid point. Assuming Comcast does comply with disclosing the details, what is the FCC going to do to change their practices? When the regulatory agency is completely impotent, what would motivate a company to comply?
      • Re: (Score:3, Informative)

        they can pull their rf license forcing comcast to shut down all RF operations.

        You gotta have a FCC license to be a Cable company.

    • Re:Or else what? (Score:5, Informative)

      by Atlantis-Rising (857278) on Thursday August 21 2008, @03:45PM (#24695243) Homepage

      The FCC has the regulatory power to revoke licenses and impose fines (Up to $325,000 per infraction, I believe).

      • Re: (Score:3, Interesting)

        But would they is the question.
      • Re:Or else what? (Score:4, Insightful)

        by Sloppy (14984) on Thursday August 21 2008, @03:48PM (#24695301) Homepage Journal
        What license from the FCC does Comcast have? I didn't know I needed some kind of federal license to be an ISP.
        • Re:Or else what? (Score:4, Insightful)

          by hypnagogue (700024) on Thursday August 21 2008, @04:14PM (#24695711)
          You don't have to be a licensee to be liable for FCC violations. Penalties including seizure of equipment and fines are levied without trial.
        • Re:Or else what? (Score:4, Insightful)

          by Alsee (515537) on Thursday August 21 2008, @06:08PM (#24697433) Homepage

          A significant point that often gets overlooked in this issue is that Cable companies and phone companies are generally government granted, government enforced monopolies. For example I personally am under the Cablevision monopoly. I couldn't have Comcast as my ISP even if (for some twisted reason) I did want to do business with them.

          State, county, and/or local governments handle the access rights - running the Cable and Phone lines on public telephone poles or underground on public land. A company cannot simply come in and compete against the local Cable or Telephone monopoly. Most people face at best a duopoly, the very limited competition between Cable broadband monopoly vs the Telephone broadband monopoly.

          So long as the government is involved in supporting and enforcing these monopoly market conditions it is entirely appropriate for the government to be deeply involved in the market conditions and business behavior. If a company wants monopoly usage of the public infrastructure like this it is entirely appropriate for the government to impose conditions on that usage.

          It is appropriate for the government to manage the usage of public infrastructure for the public benefit. When the government meddles in a market to enable or impose a monopoly in that market, it is appropriate and necessary for the government to artificially impose conditions to replace the natural competitive forces that ensure a healthy beneficial marketplace. To replace the natural competitive market forces that are excluded by the artificial government sponsored monopoly.

          For example if someone wants to go into business as an ISP that filters out porn and other arbitrary "objectionable" content, then sure, they are welcome to do so. *I* wouldn't want to use that ISP, but some people would want to do so. And that competing alternative is fine, so long as the government isn't handing them a monopoly on the market. If they were one of the Cable companies, and the government was handing them an effective monopoly position on broadband for a region, or even a duopoly position vs the phone company, then that would be a huge problem.

          -

    • Re: (Score:3, Insightful)

      Really? So if you built a commercial network, you would want the FCC to dictate how you police your traffic and what QoS measures you implement? Sorry, but the less the goverment tells me how to run my business/network/enterprise, the better. If customers don't like it, they need to make it known via their wallets.
      • Really? So if you built a commercial network, you would want the FCC to dictate how you police your traffic and what QoS measures you implement? Sorry, but the less the goverment tells me how to run my business/network/enterprise, the better. If customers don't like it, they need to make it known via their wallets.

        That's an interesting theory. Anyway, back here in reality, there isn't much practical competition for that sort of voting to work. That's how it ended up becoming an FCC problem.

        Oh, and by the way, as a customer/consumer, I don't give a flying fuck about the success of your business. If you can't provide a good service at a fair price and make a profit, you don't deserve to be in business no matter how much you whine about how lousy your customers are.

      • Re:Or else what? (Score:4, Insightful)

        by Alsee (515537) on Thursday August 21 2008, @06:25PM (#24697589) Homepage

        Really? So if you built a commercial network, you would want the FCC to dictate how you police your traffic and what QoS measures you implement?

        Right. If you build your private commercial network then I agree with you.

        Just so long as you don't do it via a government granted, government enforced effective monopoly.
        If you expect to do it based on privileged monopoly access building it on top of public telephone poles and public underground lines and other public infrastructure and other governmental benefits and governmental assistance....

        well... if that were the case... well then you would be wrong.

        If customers don't like it, they need to make it known via their wallets.

        No. The government prohibits that. The government granted Cablevision monopoly market rights over my region. In other regions the government has granted Comcast monopoly market rights. I cannot do business with Comcast even if I wanted to. People in other regions cannot do business with Cablevision if that were their preference. The government grants and enforces these regional monopolies.

        It is impossible to suggest the government should not meddle when the government is already involved. It is absurd to suggest "natural free market competition" is the solution to market problems when the force of government is prohibiting market competition.

        -

          • Re: (Score:3, Insightful)

            So, If I own the pipe, I can put whatever I want on it? If Level 3 decides to charge an exorbitant for access to the backbone - and in doing so eliminates most of the internet that would be OK? Or if Cisco decides to push an update to their routers which fundamentally alters the nature of routing - that would be OK?

            If the Internet has seriously become a critical piece of government and commercial infrastructure, why doesn't it perform like one? Because it isn't one.

            I cannot dignify this with a response as it doesn't even come close to making sense.
            Look, regulation isn't all roses and rainbows. And it certainly isn't the answer to every problem. It s

  • a wild idea.. (Score:4, Insightful)

    by spiffmastercow (1001386) on Thursday August 21 2008, @03:36PM (#24695119)
    why not (gasp!) improve your infrastructure, rather than treating your customers like cattle? If you (by you I mean Comcast) don't do it, your competitors will.
  • How? (Score:3, Insightful)

    by BitterOldGUy (1330491) on Thursday August 21 2008, @03:38PM (#24695141)
    How are folks verifying and actually proving the ISPs are throttling traffic instead of the traffic being slow because of heavy use in the area? How do you prove something like this to a regulator?
    • Re:How? (Score:4, Informative)

      by Andy Dodd (701) <atd7 AT cornell DOT edu> on Thursday August 21 2008, @03:43PM (#24695223) Homepage

      In the case of the BitTorrent Sandvine filtering incident, Wireshark logs could be taken at both ends of a connection (sync the captures over the phone or whatever).

      Compare the logs - If RST packets are detected coming in at one end of the connection that were never sent at the other end, that's proof that someone (in this case the ISP) injected them into the connections to shut them down prematurely.

    • Re:How? (Score:4, Insightful)

      by Atlantis-Rising (857278) on Thursday August 21 2008, @03:48PM (#24695305) Homepage

      Take a look at CAIP's filings before the CRTC- here [crtc.gc.ca]

      Screenshots, affidavits, letters to the commission. Depends on how the throttling works, but if it really is as simple as "After twenty minutes of heavy use the connection is throttled", that should be relatively easy to show in screenshots, as CAIP did.

  • by Intron (870560) on Thursday August 21 2008, @03:38PM (#24695143)
    Is anybody really happy that the FCC is asserting authority over the internet? I kind of preferred it being run by the IETF.
    • by loteck (533317) on Thursday August 21 2008, @03:45PM (#24695255) Homepage
      FCC is asserting authority over Internet Providers, or, put another way, the people who control the resources that the public relies on. Completely different than asserting authority over the content of usage of the internet. In fact, the FCC appears to be specifically positioning itself out of having to deal with questions of content. It's almost like they want to have 'neutrality'.. seems like I've heard that word used somewhere recently...
    • The internet was never 'run' by the IETF, and the IETF never really claimed to run it- they're the Internet Engineering Task Force, not ISOC (The Internet Society, which probably has a better claim to 'running' the Internet, as it oversees the IETF through the Internet Architecture Board, the IAB).

      Really, nobody 'runs' the Internet, but the FCC does basically control communications carriers in the United States.

  • by jgarra23 (1109651) on Thursday August 21 2008, @03:40PM (#24695179)

    The article says nothing about the consequences. This is just another bullshit "warning" to Comcast with ZERO to back it up.

    If I'm late with a child support payment, my license gets suspended. Meanwhile, if a corporate entity is late with some sort of government demand, jack shit happens. Fucking great.

  • by Statecraftsman (718862) * on Thursday August 21 2008, @03:41PM (#24695199) Homepage
    Is there some reason why they aren't asking Time Warner, Cox, AT&T and others each about their practices? The best reason I can think of is that Comcast was caught sending the RSTs.

    If the internet is to be free of this sort of tainted service, the protocols that the internet was built on need to be followed and implemented in good faith. Any deviations need to be made crystal clear so we consumers and businesses can make informed decisions about the tradeoffs. Comcast, I'm not just looking at you.
    • by Darkness404 (1287218) on Thursday August 21 2008, @04:14PM (#24695703)

      Is there some reason why they aren't asking Time Warner, Cox, AT&T and others each about their practices?

      Because it is easy to get around the blocks that they have, however Comcast uses Sandvine (http://en.wikipedia.org/wiki/Sandvine#Controversy) to throttle the BT packets and inject false information. The rest basically just block or slow down traffic to certain ports. The reason injecting packets is so big of a deal is that where does it stop? Can I inject false information into an e-mail that is being sent? IM message? Etc?

  • Use more, pay more (Score:5, Insightful)

    by Citizen of Earth (569446) on Thursday August 21 2008, @03:48PM (#24695309)
    Just charge the heavy users more. Doy. Problem solved.
      • by Citizen of Earth (569446) on Thursday August 21 2008, @04:53PM (#24696307)
        I'm talking about pricing per GB of data transferred. Then, the heavy users can download as much as they want and the ISPs will love them for it. The ISPs will seek them out and the heavy users will fund the upgrading of hardware to make transfers even faster. The present model seems quite ripe for abuse.
  • by bigtallmofo (695287) * on Thursday August 21 2008, @03:49PM (#24695317)
    The FCC rejects Comcast's insistence that it does not have the authority to take these steps.

    Want to royally piss off any governmental agency? Tell them they don't have the authority to do what they're doing. They'll find SOME way to get you.
  • Take starbucks (Score:4, Interesting)

    by b1gb1rd (1334679) on Thursday August 21 2008, @03:51PM (#24695357)
    for instance. The minute Starbucks stock stopped earning gobs of money, the greedy investors got cold feet and ditched their shares. What we need to do to battle Comcast is not to go through the FCC, but to scare the investors. We know we can't convince subscribers to give up the service, so we should hit them in the ball sack.
  • by Nom du Keyboard (633989) on Thursday August 21 2008, @03:52PM (#24695377)
    The New Comcast ToC is clear and concise:

    You can pay for all the bandwidth that you want
    as long as you don't use it.
  • by Thornburg (264444) on Thursday August 21 2008, @03:54PM (#24695411)

    "Comcast has 30 days to disclose the details of its 'unreasonable network management practices'

    I can hear it now... "But our practices are all perfectly reasonable, your Honor, we do not practice unreasonable practices here at Comcast."

  • Next Step... (Score:5, Insightful)

    by GameMaster (148118) on Thursday August 21 2008, @04:11PM (#24695663)

    Since the FCC has made it clear that ISPs shouldn't be allowed to discriminate against users based on the apps they choose to use, and they're already pissed at Comcast, now is the time to kick it up a notch and use the same argument to demand the opening of blocked web/e-mail ports and an invalidation of TOS terms that ban servers. Bandwidth is bandwidth, if I want to run a web server or my own e-mail server then no one should be able to stop me. The system of traffic management they claim to be moving to in the article should work just as well for users running servers. Of course, they falsely advertise it as unlimited usage at a certain bandwidth and, thus, shouldn't be allowed to throttle traffic in the first place but that's a whole other battle in the war against corrupt telecomm companies.

  • Time Warner (Score:5, Interesting)

    by SoopahMan (706062) on Thursday August 21 2008, @04:22PM (#24695791)
    Why oh why is Time Warner not in trouble for this same thing yet? Their BitTorrent throttling is much worse [crunchgear.com]. Basically any torrent upload traffic whatsoever causes ALL internet traffic - even something as simple as Instant Messaging - to come to a halt. It cycles repeatedly about once per minute for as long as upload traffic is attempted.

    How can I put Time Warner in their place? What data do I need to collect? Are there law firms I should contact with the data who would be likely to pursue a class action lawsuit? Paying to be abused like this is outrageous.

  • by freelunch (258011) on Thursday August 21 2008, @04:36PM (#24696023)

    Sources I know inside Comcast say the Sandvine throttling has Greatly reduced their peering costs with AT&T and increased profits. The terms of the AT&T-Comcast broadband merger locked Comcast into using AT&T transit for a lot of their traffic.

    This is about their desire to purchase as little bandwidth as possible and nothing else. They can easily justify this by creating "congestion" on their network but it is all about profit (duh).