Comcastic!

The FCC has gotten Comcast to disclose all its throttling practices.

The cable concern said (.pdf) it indeed hit “particular protocols that were generating disproportionate amounts of traffic.” The peer-to-peer protocols, Comcast said, include Ares, BitTorrent, eDonkey, FastTrack and Gnutella — vehicles used to transport copyrighted material without the owners’ permission.

On Aug. 1, when the FCC ordered it to abandon its throttling practices, Comcast denied that it was blocking any services including “peer-to-peer services” like BitTorrent or engaged in any blocking of services.

When will a good, major ISP come about?  Ever?  By the way, there’s a lot of news I’ve missed posting up here the last few days.  It’s been very busy on my side.  We could always use more contributers!

• Wired
• Gizmodo
• Slashdot

Comcast has sued the FCC and wants the p2p throttling ruling overturned.

As the legal process plays itself out, Comcast has pledged to abide by the order and continue its work to move towards a protocol-agnostic throttling system that could slow “heavy users” down to DSL levels for 20 minutes at a time (another piece of the bandwidth management puzzle, hard bandwidth caps, were also announced last month).

“Although we are seeking review and reversal of the Commission’s network management order in federal court, we intend to comply fully with the requirements established in that order, which essentially codify the voluntary commitments that we have already announced, and to continue to act in accord with the Commission’s Internet Policy Statement,” said David Cohen, Comcast’s executive vice president.

“Thus, we intend to make the required filings and disclosures, and we will follow through on our longstanding commitment to transition to protocol-agnostic network congestion management practices by the end of this year.”

With Comcast pledging to abide by the FCC’s decision, what’s the point of the lawsuit? The FCC’s finding and order are precedent setting, in that the Commission has rendered a decision on how far ISPs can go in managing their networks for the first time. That’s a precedent Comcast and its cable and telecom brethren would rather not have, as they would prefer to manage their networks in any manner they see fit without directives from the FCC covering what kinds of management techniques are over the line.

I agree with the analysis at the end there.  What do they want out of this other than the last word?

• Ars Technica

The FCC has voted to not punish Comast.  There will be (some) penalty (maybe) next time.

In a precedent-setting decision, the five-member Federal Communications Commission voted 3-2 to uphold a complaint accusing Comcast of violating the FCC’s open-Internet principles by improperly hindering peer-to-peer traffic.

“Subscribers should be able to go where they want, when they want, and generally use the Internet in any legal means,” FCC Chairman Kevin Martin said in a statement.

Comcast said in a statement that it was disappointed by the decision and was considering all its “legal options.”

The measure adopted by the FCC does not include any fines against Comcast. But it requires the company to cease impeding peer-to-peer applications, to tell the FCC how the practice has been used, and to notify customers about other network management practices it adopts in the future.

Did we really expect anything different?

• Reuters

The FCC has ordered Comcast to stop throttling bittorrent.

Indeed, a recent study by the Max Planck Institute showed that the company had misinformed the FCC and their users. Comcast has always argued that BitTorrent upstream traffic was only blocked during periods of heavy network traffic, this turns out to be a lie, as the study showed that they blocked BitTorrent upstream traffic 24/7.

The FCC has announced that it will take appropriate action against Comcast, and the ISP will be ordered to stop interfering with BitTorrent traffic. Comcast has said before that it will invest in its network capacity and stop slowing down the traffic of their users, but these were all false promises.

And all the people say, “Hip, hip, hooray!”

• TorrentFreak
• Public Knowledge