Comcast vs. BitTorrent, What’s Next?

Written by Ernesto on August 21, 2008 

Yesterday, the FCC ruled that Comcast’s network management practices that specifically targeted BitTorrent users, were unfair. The ruling is a small victory for Net Neutrality, but it wont stop ISPs from going after the heavy bandwidth users, not at all.

comcastComcast was ordered to stop slowing down BitTorrent users before the end of the year. In addition, the company has to disclose all “network managing” practices.

The FCC’s final decision came exactly a year after we first reported on the issue. Initially, Comcast flatout denied that they were slowing down BitTorrent users, but after AP confirmed our reports, mainstream media picked it up and the FCC got involved. FCC argues that Comcast’s actions are unfair because they specifically target BitTorrent, not any other protocols.

Good news right? So BitTorrent users will soon be able to download at blazing speeds again? Well, not really. A neutral net wont stop ISPs from slowing down their customers. Now they simply have to slow down everyone - and that’s exactly what their plan is. Comcast already said that they will move on, and throttle bandwidth hogs at peak times when needed. On top of that, they are enforcing a monthly bandwidth limit, not hesitating to disconnect people who use more than they should.

Comcast is taking these measures under the “reasonable network management” flag. However, what is reasonable now (if it is), might not be one or two years from now. The problem is that the ISPs are the ones who decide what the limits should be, meaning they can pretty much do whatever they want.

Several ISPs have already started to experiment with new tools to prevent customers from using too much bandwidth. Comcast will slow down all heavy bandwidth users, and Time Warner Cable is testing metered plans, where users will pay for the bandwidth they transfer. Worrying developments, to say the least.

Some might not see a problem with metered plans. We pay for water and gasoline in pretty much the same way. This is indeed true, but there’s also a danger in metering the Internet. It will restrict innovation (heavy bandwidth apps), and the use of high bandwidth video streaming may become something for the elite.

One thing is clear, BitTorrent users will be the main targets of these new “business models”. It was therefore surprising to see comments from Eric Klinker, Chief Technology Officer of BitTorrent, on these initiatives. “I think what Comcast and Time Warner Cable are doing is a great first step,” Klinker told Cnet. “It gets ISPs out of the business of deciding which applications are important and which aren’t. But there are enhancements to the peer-to-peer protocol, in particular, that can make it easier on all ISPs.”

Net neutrality is not the Holy Grail though - a neutral net is useless if it’s slower than a biased one. Klinker agreed on this, and told us that he doesn’t think that these new business models, or network management practices, are a good long term strategy. “This is a step in the right direction because ISPs are indeed making their networks more “neutral” without new legislation requiring them to do so,” he told TorrentFreak. “But make no mistake, bandwidth caps and metered plans are bad for the Internet and could stunt the adoption and growth of all broadband services.”

Network expert Robb Topolski, who was the first to document Comcast’s unfair network management practices, thinks that ISPs might experiment with new network management tools, but that these wont stick. When we asked him whether he thinks the FCC ruling will lead to more bandwidth caps and metered plans, he said: “If it does, then something has gone wrong with competition. Customers clearly don’t want metered plans and bandwidth caps. There might be some ISPs that experiment with these, but I don’t see it happening.”

Let’s hope Robb is right. Of course, we applaud the FCC ruling, but we have a strange feeling that ISPs will continue to fight their customers for a while. They should, of course, move on and invest in the future. BitTorrent is here to stay, files will get larger, and more bandwidth intensive services will surface, really.

Previously: UK Game Piracy: Propaganda, Evidence and Damages

Next: Noel Gallagher of Oasis Speaks Out on Piracy

76 Responses

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1 Aug 21, 2008 at 23:57 by ruinyourlife

My ISP Telus, is too stupid to throttle me, or cut me off after 60gb.

Viva Canada!

2 Aug 22, 2008 at 00:09 by hmm

Dial up here I come

3 Aug 22, 2008 at 00:11 by Dissent is Guaranteed

Its simple to prove that Cumcast is slowing down your speeds with the recent evidence brought forth. Depending on what kind of contract you hold with them (assuming youve read and understood all fine print), you can sue their collective half-retarded asses for breach of contract. In fact, im surprised there hasnt been a class action lawsuit against them already. I guess it just goes to show how meek and ignorant the American Public are.

My advice to those who can prove illegal bandwidth throttling: SUE SUE SUE. SUE UNTIL YOURE BLUE IN THE FACE.

It is, after all, the only way you can get any sort of justice anymore in these United States of the Criminally Insane and Ignorant a.k.a The United States of America.

4 Aug 22, 2008 at 00:20 by Khristopher

Bell Sympatico in Canada is throttling torrent users still.

5 Aug 22, 2008 at 00:30 by Bryan

Wooow, fuck you comcast. I have been a Comcast user for about 2 years now, and you can definately see a difference in uploading. The speed goes really high, than just stops and goes to ‘0′, and this goes on and on…..

Ahhhhhhhhhhhhhhhhh!!!!!!!!!

6 Aug 22, 2008 at 00:35 by Bryan

http://www.petitiononline.com/ccupload/petition.html

7 Aug 22, 2008 at 00:53 by Chameleon

Australias internet has always been capped, due to our telecom monopoly (telstra) charging ISPs per unit of data going over their lines. You learn to deal with it

8 Aug 22, 2008 at 01:42 by iiNZNZNZ!!

Metered plans … a capitalist agenda

9 Aug 22, 2008 at 01:53 by esc

  _  ∩
( ゚∀゚)彡 若槻千夏!若槻千夏!
 ⊂彡

10 Aug 22, 2008 at 02:47 by Yatti

I think the CRTC Vs ROGERS\BELL… should be next..

11 Aug 22, 2008 at 02:53 by k4nt

“We pay for water and gasoline” sadly tho most ISPs do not allow one to buy more gigs instead they would rather charge insane rates per gig and gouge the consumer. How hard is it to not suck and be like teksavvy.ca and offer affordable plans for people use the internet, they can add +100gig for 10 bucks(for as much bandwith as you need or want). Which i consider very fair considering the only other competition here is telus and shaw and they have 60gig limits tho telus does not really enforce them like shaw does. Shaw makes me pay like 50% more so i can have 30 more gig(per month) by changing my account to buisness. Since shaw gives me shit each month now i will likly be a teksavvy user soon. I mean really how hard can it be to add the option to DL/UL as much as i did in 1999 in 2008. Almost ten years later and reasonable options that could profit both the customer and ISPs are just not an option from most major ISPs.

Good thing i do not live on the other side of canada where bell abuses their power in every way possible.

12 Aug 22, 2008 at 02:54 by jarly

@9 That would be sweet. 9 hours a day cwe are throttled by Bell. AND we are charged ($30) for bandwidth over 60gb. Should be one or the other

13 Aug 22, 2008 at 03:20 by compn

“This is a step in the right direction because ISPs are indeed making their networks more “neutral” without new legislation requiring them to do so,” he told TorrentFreak.

—-

uhh what? Eric Klinker is either a fucking liar or thinks the internet is a series of tubes (in which case he shouldnt be CEO of any internets). maybe he forgets that big isp’s have been trying to blackmail google for more bandwidth money?

“Verizon Executive Calls for End to Google’s ‘Free Lunch’”
http://www.washingtonpost.com/wp-dyn/content/article/2006/02/06/AR2006020601624.html

if anyone from torrentfreak can pass this on to him, please do.

14 Aug 22, 2008 at 03:27 by compn

“This is a step in the right direction because ISPs are indeed making their networks more “neutral” without new legislation requiring them to do so,” he told TorrentFreak.

—-

uhh what? Eric Klinker is either a liar or thinks the internet is a series of tubes (in which case he shouldnt be CEO of any internets). maybe he forgets that big isp’s have been trying to blackmail google for more bandwidth money?

“Verizon Executive Calls for End to Google’s ‘Free Lunch’”
http://www.washingtonpost.com/wp-dyn/content/article/2006/02/06/AR2006020601624.html

if anyone from torrentfreak can pass this on to him, please do. (caught swear filter, posted again.)

15 Aug 22, 2008 at 04:10 by switch

#6 is right australia’s net has always been capped….and this is why video streaming and similar applications are impossible to undertake here

16 Aug 22, 2008 at 04:46 by grammar nazi

The grammar in the both synaptic lead-in is incredibly horrid

17 Aug 22, 2008 at 05:00 by Eric

I’m an American living in Sydney. At first I was appalled to hear that there were bandwidth caps- but I’ve learned to deal, and it isn’t terrible. I use TPG Internet, they have a 150 GB plan (40 GB during peak hours (9am-3am) and 110 GB during off-peak (3am-9am)). Now those hours do NOT work with my schedule. But fortunately with most torrent applications you have your own throttling scheduler. So I almost all of my actual downloading while I sleep. The remaining 40GB for daytime use is more than enough for my wife and I (we use Skype, and do basic web browsing).

I don’t love the idea of caps, and miss my unlimited connection, but I would hesitate to call them a capitalist agenda…!

Furthermore, there isn’t much point in whining about it, because things are headed in that direction. They hold all the cards here- hell, they’re the ones who set up the poker table, employ the card dealer and pay the mortgage for the casino!

18 Aug 22, 2008 at 05:08 by dotUS

I’m from the states but I took a look at teksavvy.ca and I am really jealous of what they have going! I recommend Canadians have a look for themselves

19 Aug 22, 2008 at 06:24 by Bryan

As soon as FiOS is available in my area, Comcast is going to be thrown out of my house in the cold and then we’ll see who’s boss.

20 Aug 22, 2008 at 06:52 by Бог

Двиньте к советской России! Интернет пропускает как свободно как водочка и ядерные основания

21 Aug 22, 2008 at 07:20 by Delaware

I hope my American friends get an option via some ISP who just gives them the best Internet possible. As it is, due to their ignorance & apathy they suffer a lot. But its their own doing.

22 Aug 22, 2008 at 08:23 by #YLS#

In the UK, I could never pay by the GB or have an allowence. It’s to limiting.

Surely with all this wireless technology, some day we could come up with more independant ways of joining the net e.g. WiMax, even if it wouldn’t give an even bandwidth internationally

23 Aug 22, 2008 at 08:27 by Crocodile Dundee

Most ISPs here in Australia have some pathetic limit ranging from $99/20gB (Optus) to $49/25gB (TPG).

We are in a monopolistic situation, with Telstra’s Bigpond Branch owning (it seems) the entire cable and phoneline network. All the other ISPs need to buy and re-sell off them.

I am yet to see - with the exception of wireless plans - a pay-per-gB plan.

My plan is essentially unlimited, as I pay 69.99 p/m for ADSL2+ 150gB on TPG, and once over this limit, your speed is (within 2 WHOLE DAYS) capped to a rate of 256/64. All excess usage is free.

TELSTRA CUSTOMERS: THERE IS A GLITCH IN THEIR SYSTEM - ON THE DAY THAT YOUR MONTHLY DATA ALLOWANCE ROLLS OVER/RENEWS, THE SPEED IS LIGHTNING FAST AND NO BANDWIDTH IS RECORDED AS BEING USED…

Try it, it’s been working for my mate for a few months now. This Tuesday is DOWNLOAD DAY!

Cheers and Peace.

24 Aug 22, 2008 at 08:32 by Jasper van Weerd

I think the future of this kind of things is that people will start using multiple line routers and related software… have thougth of it myself too. The up time of most ISP’s in the (cheap) ISP’s is not the best around… thats when I started thinking about splitting in / out going capacity… will do so also when limiters kick in.

25 Aug 22, 2008 at 09:13 by Canadian DUndeeeeedeeedeeee

If you look at what competition breeds in Canada the smaller ISPS(tekavvy excluded)look at this ISP bandwidth policy

http://www.shockware.com/bandwidth.html

“Our average user uses approximately 1 Gig per month. Customers that display excessive usage will be asked to curtail that usage and/or convert to a metered plan that is priced to reflect the usage of Bandwidth they consume. As for now, ShockWare reserves the right to determine that the user is at a reasonable level and enforce an excessive rate of $10.00 per/Gig. It is ShockWare’s wish to not have to enforce this requirement if the user stays to a reasonable level, but once again ShockWare reserves the right to determine if a user is operating at a reasonable usage level.”

Seems to be the idea for most Canadian wireless providers to just overcharge instead of build any infrastructure. Not to mention telus/other company’s want to charge 15cents for a mobile text msgs(abuse of power much?). Good plan lock em into long term contract and make the technology only usable if you have deep pockets…
Step 1 Overcharge
Step 2 Fail your customers needs
Step 3 Profit?

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