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Vuze Petitions FCC To Restrict Traffic Throttling

Posted by Zonk on Thu Nov 15, 2007 04:43 PM
from the keeping-the-tubes-clean dept.
mrspin writes "Vuze, an online video application that uses the peer-to-peer protocol BitTorrent, has petitioned the U.S. Federal Communications Commission to restrict Internet traffic throttling by Internet Service Providers (ISPs). Vuze has been keenly aware of Comcast and the "bandwidth shaping" issue. Vuze filed its "Petition for Rulemaking" (PDF) to urge the FCC to adopt regulations limiting Internet traffic throttling, a practice by which ISPs block or slow the speed at which Internet content, including video files, can be uploaded or downloaded. As readers may remember, back in May, Slashdot discussed the issue of packet shaping and how ISPs threaten to spoil online video."

Related Stories

[+] Will ISPs Spoil Online Video? 301 comments
mrspin writes "last100 writes: "With an ever greater amount of video being consumed online, many Internet users are in for a shock. There's a dirty little secret in the broadband industry: Internet Service Providers (ISPs) don't have the capacity to deliver the bandwidth that they claim to offer. One way ISPs attempt to conceal this problem is to place a cap of say 1GB per-month per user, something which is common in the UK for many of the lower-cost broadband packages on the market. Considering that a mere three hours viewing of Joost (the new online video service from the founders of Skype) would all but use up this monthly allowance, it's clear that lots of Internet users aren't invited to the party. But what about those who (like me) pay more for 'unlimited' broadband access? There shouldn't be a problem, right? Wrong." The article then goes on to discuss the recent trend of bandwidth throttling based on techniques such as packet shaping which punishes p2p traffic whether it's legitimate or not."
[+] Comcast Sued Over P2P Blocking 268 comments
CRISTAROL writes "Comcast has been sued by a California resident for blocking BitTorrent and other traffic. 'John Hart describes himself as a Comcast customer who has seen performance hits when using "Blocked Applications" targeted by Comcast's traffic management application, Sandvine. In his complaint, Hart says that Comcast severely limits "the speed of certain internet applications such as peer-to-peer file sharing and lotus notes [sic]." Comcast accomplishes this by "transmitting unauthorized hidden messages" to the PCs of those using the applications.' The lawsuit comes on the heels of an FCC complaint over the same issue."
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  • Finally (Score:5, Insightful)

    by JCSoRocks (1142053) on Thursday November 15, @04:45PM (#21370703)
    I'm glad to see that someone out there is willing to take on Comcast to put an end to this kind of garbage. They may be doing it to protect their product, but the end result is good no matter who you are. Bravo I say!
    • Re:Finally (Score:5, Interesting)

      by Sloppy (14984) on Thursday November 15, @05:06PM (#21370995) Homepage Journal

      but the end result is good no matter who you are. Bravo I say!

      As much as Comcast sucks, it sounds like you're taking the position that the federal government should have the authority to regulate how networks work. I think that's awful, and endangers just about everyone.

      Comcast should be bitchslapped (and probably at the state level) for fraud: they fail to supply what they lead prospective customers to believe they supply. And in states where there are laws against impersonation, that should be enforced as well (or else repealed).

      But for feds to regulate-away throttling itself, is a nightmare. Networks need to be able to deal with congestion problems, even in cases where they are not overselling or otherwise engaged in fraud. Throttling large transfers to increase the performance of interactive stuff, is a perfectly sane (and fair) way to do it. FCC better keep out of this.

      Also, remember we're talking about feds. Comcast's monopoly, AFAIK, is provided by local governments. That's who should be setting terms. Kicking it it so far up the hierarchy of government, just reduces The People's power in the decision.

      [ Parent ]
      • Re: (Score:3, Insightful)

        I think the general reasons for desiring government intervention are twofold. One, no one wants to wait around for all the telcos to get sued and dragged through ten years of civil litigation before a decision is reached. Two, and IANAL or a telco buy, b
        • Re: (Score:3, Insightful)

          Two, and IANAL or a telco buy [sic], but I think the government has these guys on a leash somewhat because we the taxpayers essentially paid for the creation of the network they're now charging for you [sic], and that money was given based on them being c

      • Fair trade (Score:5, Insightful)

        by davidwr (791652) on Thursday November 15, @05:28PM (#21371255) Homepage Journal
        The courts, Congress, or a federal agency has the following responsibilities:

        • Prevent fraudulent advertising
        • Prevent unfair trade - if you throttle traffic because of some justifiable reason like bandwidth utilization, you must throttle all traffic on equal terms including your own. If you offer phone or video services you cannot give them preferential treatment.
        • No discrimination based on the content of the data. A bit is a bit is a bit.
        • No discrimination based on the port or protocol without a valid technical reason. "SSH triggers a bug in our routers that crashes our network" is a valid if very embarrassing technical reason. "SSH lets people hide torrents and torrents are big" is not.

        What the feds should NOT do:

        • Prevent shaping to enforce bandwidth-utilization. I may want to pay for a small bits-per-minute cap. My neighbor may want to pay for a higher cap.
        • Prevent shaping to offer quality-of-service tiers, provided that any data was eligible to travel on any tier if the customer wants to pay for it. I may want to pay for guaranteed low-latency and throughput of all traffic. My neighbor may want to pay for that service but only for traffic from YouTube.
        [ Parent ]
      • Throttling large transfers to increase the performance of interactive stuff, is a perfectly sane (and fair) way to do it.

        Perhaps in an earlier paradigm, but there's really a small distinction today between "interactive stuff" and "large transfers". If by

        • Re: (Score:2)

          Some friends asked me to burn a number of Linux LiveDVD's so they could compare the different releases. In a single afternoon I downloaded around 16 Gigabytes of data, along with using bittorrent to get the Fedora Core 8 LiveDVD (which didn't seem to be on
      • Re: (Score:2)

        But for feds to regulate-away throttling itself, is a nightmare. Networks need to be able to deal with congestion problems, even in cases where they are not overselling or otherwise engaged in fraud. Throttling large transfers to increase the performance o
      • Re: (Score:2)

        As much as Comcast sucks, it sounds like you're taking the position that the federal government should have the authority to regulate how networks work.
        Wouldn't that be called "net neutrality"?
  • Someone with standing, ... maybe (Score:3, Interesting)

    by cdrguru (88047) on Thursday November 15, @04:48PM (#21370743) Homepage
    A Comcast user isn't going to get much traction in trying to sue Comcast over services they were expecting and not receiving. I doubt Comcast has any more legal obligation to deliver "expected" service than Geico has to deliver "an English muffin with butter and jam" - in reference to their commercials.

    Now this company might actually have some standing to say their product is being blocked. Unfortunately, I don't think anybody has Comcast (or others) over a barrel quite yet. Comcast never agreed to deliver this content, or any other specific content. What did they agree to deliver? Probably not much, and nothing specifically. You aren't guaranteed email, web browsing, VPN or any other service. They didn't define what services they are delivering, what quantities of these services or anything else.

    I think the company already looked at suing Comcast and found out there isn't anything there. The only avenue would be rulemaking or legislation. Probably not much going to happen there either.
    • Re:Someone with standing, ... maybe (Score:5, Interesting)

      by moderatorrater (1095745) on Thursday November 15, @04:53PM (#21370805)
      Actually, the issue isn't blocking or throttling, it's sending packets telling you to disconnect from the sender, and these packets are constructed by comcast to look like they're coming from the peer you're downloading from. Since it's a fraudulent packet, they could get in trouble for that. I'm sure straight-up throttling would be less of an issue, although in that instance they're not living up to their speed claims on purpose. I guess the real problem is that Comcast promised more bandwidth than they could deliver, and now that customers are trying to use it, Comcast is in a bit of a bind.

      I will say this about Comcast, they're a hell of a lot better than Cox.
      [ Parent ]
      • Re: (Score:3, Insightful)

        I think this is a better way to attack this, someone who is hosting legal bittorrent files needs to step up and sue comcast for forgery. there is no reason why creating a fake packet with my mac and ip and sending it to someone to cause them to drop my con
        • Re: (Score:2)

          Easy. Damages. You've lost nothing by them blocking a bittorrent transfer. When real fraud occurs (i.e. fake check), then it matters.
              • Re: (Score:3, Insightful)

                Courts don't recognize what might have happened. Your not getting a $100.00 payment from someone can't be parlayed into a $1,000,000.00 payment in court because you could have bought a hot stock with that $100.00 early on. You're stuck collecting what you
      • The issue isn't throttling... yet (Score:4, Insightful)

        by KWTm (808824) on Thursday November 15, @05:32PM (#21371309) Journal

        Actually, the issue isn't blocking or throttling, it's sending packets telling you to disconnect from the sender...
        This has been repeated a number of times, and I recognize the truth in this, but you need to remember that the bigger picture is that an ISP is trying to change unilaterally how (and whether) it delivers traffic based on content.

        If we all complain, "Comcast is sending RST packets!" and then eventually Comcast says, "Okay, fine, no more RST packets," and then goes on to do other forms of extreme traffic shaping, then what? No, we want to nip this in the bud: no ISP, Comcast or not, should be allowed to unilaterally decide, "Hey, we don't like this traffic, so I just won't carry it." or "This is for The Good Of The People to Prevent Piracy" (or "Prevent Undermining Our Glorious President" or whatever).

        Moreover, people need to know the implications of traffic shaping / net neutrality / dearth of ISP competition. I was very frustrated about how BitTorrent has been marginalized as "something that only pirates would use". The more we show the lay public the many versatile uses for a protocol like BitTorrent (or any other protocol, really), the more we get a public response.
        [ Parent ]
        • I was very frustrated about how BitTorrent has been marginalized as "something that only pirates would use"
          I think that we're seeing torrents going the way that encryption did: where at one time it was just the realm of geeks, criminals and spies, now it's used by everyone. Explicit use is still mostly limited to those three groups, but through ssl, wireless,
        • Re: (Score:2)

          At the end of the day, it's their network. If you don't want your packets to ride their network, don't use their service. Do you care that they block Microsoft file sharing ports through their network? How about SBC/Yahoo DSL blocking port 25 outbound exce
        • It may not meet an RFC, but not following standards normally isn't fraud.

          Not following standards is not inherently fraud, but that does not mean you cannot commit fraud by intentionally breaking standards.

          It may not meet an RFC, but not following standards normally isn't fraud.

          Abuse is subjective in this case. If Comcast advertises unlimited use, 24/7 at a given rate and someone tries to actua

            • Re: (Score:2)

              As lawsuits have shown, actual technical knowledge seems to be disregarded.

              Frankly, if they're advertising 1.5M, I should see 1.5M. Not 256, not 512, not 56, and not 1.4. This is false advertising. If they have bandwidth problems, they should Advertize
    • Re: (Score:3, Interesting)

      Of course, there are the upload/download rates you are supposed to get. Otherwise, why pay for 10Mbps when they can just give you 1bps. It is a clear cut case of fraud. You pay for one thing and get another. If it's not one speed for every protocol, it
    • Re:Someone with standing, ... maybe (Score:4, Informative)

      by AndersOSU (873247) on Thursday November 15, @04:56PM (#21370845)

      They didn't define what services they are delivering, what quantities of these services or anything else.

      Isn't it precisely the FCC's role to step in and say, "By being a telecom company offering a product labeled as Internet access, you must provide the following:..."

      ATT couldn't get away with saying that calls to Montgomery county aren't included in phone service, Comcast shouldn't be able to get away with saying bit torrent isn't included in internet service.
      [ Parent ]
      • Re: (Score:2)

        Internet delivery is a non-regulated service - no matter if you are a telecom or not. Most telecom companies have a separate sub-company that deals with non-regulated services, such as internet or voip. Therefore they "MUST" provide nothing more than an
    • Re: (Score:3, Insightful)

      Now this company might actually have some standing to say their product is being blocked.

      Think about the grander scheme though. Vuze comes out discussing Comcast having, essentially, hampered the service for all users of the service. Remember, Comcast i
      • Re: (Score:2)

        Comcast will simply come out and say "Hey, we gave you users a chance. Now, we throttle Australian-ISP style". You'll get unlimited Internet. It'll just be at 6-8Mbps in short bursts, and the rest throttled down to 256kbps.

        It comes down to people wanting

    • Re:Someone with standing, ... maybe (Score:4, Insightful)

      by geekoid (135745) <dadinportland@yaho o . com> on Thursday November 15, @05:20PM (#21371169) Homepage Journal
      If Gieco sold their insurance with "unlimited English muffins with butter and jam" , they damn well better provide all the muffins and jam I want. Even if it is more then what they want to give away.
      [ Parent ]
  • Authority (Score:2)

    Does the FCC have the authority to restrict throttling? I thought wired communications, like cable TV, were largely out of their control?
  • Tell 'Em (Score:2)

    You can have my bandwidth when you pry it from my cold, dead hands.
  • Is anyone else amused... (Score:2, Insightful)

    by Anonymous Coward
    that this company thinks that this company thinks that removing P2P throttling will help streaming video?

    And yes, I did RTFA and saw that they're delivering streaming media via the bittorent protocol. I say it's they're own damn fault for using a protocol
    • Re: (Score:2, Insightful)

      The question is more along the lines of 'why should it be fine for them to mess with file downloads but not streaming video?'
    • Re: (Score:2)

      How about the telcos not worry about being an arbiter of what traffic is ok and what traffic isn't. The latency argument is a red herring. Internet providers, let the law worry about copyright infringement and quit using it to cover the fact that you've
    • Re: (Score:2)

      that this company thinks that this company thinks that removing P2P throttling will help streaming video?

      And yes, I did RTFA and saw that they're delivering streaming media via the bittorent protocol. I say it's they're own damn fault for using a protocol which is well known for huge bandwidth use and no latency requirements to deliver media with critical latency requirements. If you don't want the ISPs messing with your video stream try not making your video stream look like a file download.
      Actually some numbers of companies managed to do such P2P sharing for streaming audiow/video years ago and they are still doing it. It didn't break down anything and in fact actualy helped ISPs since a truely popular live Radio would have to hit 3-4 very
  • Who is Vuze? Well... (Score:4, Informative)

    by Anonymous Coward on Thursday November 15, @05:02PM (#21370945)
    Vuze would be the Azureus [sourceforge.net] guys.

    Now remove the tag that prominently displays your inability to use Google, you apes.
  • Vuze is correct in thinking that protocols and the Internet connections as a whole shouldn't be throttled, in theory, however in practice ISPs are limited in how much available bandwidth they have. As much as I don't like it, there is often a requirement
    • don't sell bandwidth you can't supply... what's that, it would be more expensive? awww shucks.
      TFB.
      • Re: (Score:2)

        Do you really want to pay $400+/month for a 3 meg guaranteed-bandwidth DSL? I just got a quote for a high-speed link from a "top tier" backbone provider. I can get high-quality backbone bandwidth for about $30/meg/month, but then it costs about the same
    • by Chirs (87576) on Thursday November 15, @05:19PM (#21371145)
      "As much as I don't like it, there is often a requirement that ISPs throttle some of the more bandwidth intensive protocols so that everyone on their network can have an enjoyable Internet experience."

      I know...how about they just make people pay for the bandwidth they use?

      They could offer X GB/month packages, where bigger X means bigger monthly fees. They could even get fancy and say that traffic between the hours of 1am and 7am doesn't count, or counts less.

      There are all sorts of ways for them to ensure they don't lose money while still giving unfettered access.
      [ Parent ]
      • Re: (Score:3, Interesting)

        I think one of the better ways to do this is to sell a package with X GB of unthrottled transfer per month. As you approach X, instead of just letting you blow past it and chargeing for the extra bits, start throttling the sustained transfer speed down whi
    • by Wesley Felter (138342) <wesley@felter.org> on Thursday November 15, @05:21PM (#21371185) Homepage
      there is often a requirement that ISPs throttle some of the more bandwidth intensive protocols so that everyone on their network can have an enjoyable Internet experience.

      No; ISPs could throttle the bandwidth-hogging customers while remaining ignorant of protocols.
      [ Parent ]
    • Re: (Score:3, Insightful)

      Vuze is correct in thinking that protocols and the Internet connections as a whole shouldn't be throttled, in theory, however in practice ISPs are limited in how much available bandwidth they have.

      This practice is countered by the ISP's willingness to adve
    • by PhantomHarlock (189617) on Thursday November 15, @05:32PM (#21371311)
      It's definitely an imperfect solution to a complicated problem. As a previous poster put it:

      Also, remember we're talking about feds. Comcast's monopoly, AFAIK, is provided by local governments. That's who should be setting terms. Kicking it it so far up the hierarchy of government, just reduces The People's power in the decision.


      The root issue here is the 'last mile' problem. A bunch of competing cable and phone providers would result a mass and tangle of wire going everywhere. A government enforced monopoly (which is what we have) is not much better, but it's more aesthetic. What we really need is a proliferation of secure wireless based services, much like how satellite TV competes with cable TV. Unfortunately, consumer grade satellite internet has horrible latency and other problems. I think the answer is some type of cellular or mesh solution. Some companies use long range wifi and other directional antenna based systems, and mesh networks are pretty awesome if you can get enough people to participate. There also needs to be enough competition among all of these services to foster innovation. So more than one wireless provider for any given service area.

      Again we run up against the FCC, which allocates wireless frequency spectrums here in the US. There is a lot of artificial and real scarcity - with the most innovation happening on the unlicensed bands (2.4ghz and it's multiple 5.8 ghz).

      Internet connectivity (fiber optic) as a public utility is interesting - but only if it is done on a local level. Anything bigger than that, say, statewide, is bound to become mismanaged and horrible. (just think of the DMV...)

      Comcast is just trying to protect its bandwidth, but as the parent poster mentions, the way they are doing is potentially dubious.

      Also, to correct a misnomer from another post, their principal purpose is not to -stream- video via torrent (although they are now experimenting with that using their internal player) but to allow downloads of very large video files that people then watch locally.

      I am a Vuze / Azureus user and so far this is the only good solution I've found for hosting my legal original HD videos on the web short of running a legal torrent server myself, which wouldn't get as much exposure. Vuze has also set up a system where you can sell downloadable video content for a price if you wish, a boon to indepdendent video producers.

      Some things that they have done recently have been aggrivating (re-compressing files to a semi-proprietary format) but on the whole they have the right idea. And they are the textbook example of a company that is the most hurt by bandwidth throttling if it is done to an extreme as Comcast is doing (completely denying a download session)

      Unlike Comcast itself, Vuze provides an outlet for speciality video producers to get their stuff out there.
      [ Parent ]
    • Re: (Score:3, Insightful)

      I really do not like the available bandwidth argument. 15 years ago there was no home based broadband and the argument was still being made that there was not enough bandwidth. A decade ago AOL lost a HUGE suit over it.

      These companies are holding a monop
  • One Thing leads to Another (Score:3, Insightful)

    by Silentknyght (1042778) on Thursday November 15, @05:19PM (#21371141)
    (1) FCC gets petition to prohibit bandwidth throttling
    (2) all bandwidth is "unthrottled"
    (3) all (at least US-based) ISPs have lack-of-bandwidth issues
    (4a) all ISPs revoke any claim to "unlimited bandwidth" in a revised agreement notice upon which you have no say, and begin charging per-kb.
    (4b) all ISPs actually perform the service upgrades for which they were already paid years ago.

    Methinks that if 1 leads to 2, then it leads to 4a. 4b is there just for giggles. They'll never actually do that, of course.
  • Tag system (Score:3, Insightful)

    by Wylfing (144940) on Thursday November 15, @05:20PM (#21371157) Homepage Journal

    Completely off-topic, but what the deuce is going on with tags lately? To the adjectives absurdly long, meaningless, and obscure, now we can add obscene.

    • Re: (Score:2)

      I think I did the neccesary feedback via turning them off. It is turned off at

      http://slashdot.org/users.pl?op=edittags [slashdot.org] (must be logged in of course).

      I think if enough (99%) turns them off, CmdrTaco would remove that junk "Web 2.0" feature. There are some s
  • by pcause (209643) on Thursday November 15, @05:20PM (#21371163)
    The truth is that all ISPs rely on the fact that if they are selling 5Mbps t 10 people they don't have to have 50Mbps of available backbone. They assume that web applications are using the connections intermittently or that if you have a long running connection it doesn't matter if it slows down from time to time. If everyone on their 5Mpbs lines was downloading large files the best they'd each get would be something like 500Kbps assuming a 10-1 contention rate and most ISPs are are 20-1 or 50-1.
    P2P traffic will slow down if there is a lot of it or if there is other long running traffic, without Comcast doing anything.

    The bigger issue is that our connections are a shared resource. I it fair for you to get all of the bandwidth and leave me with slower response for my web traffic just because you want to download movies. Should we all get an equal slice. The only way for the ISP to do this is traffic shape - limiting the amount of total available bandwidth available for high use protocols like P2P traffic. Ding this means that when I try to load my web page or shoot a dragon in my MMOG there is some bandwidth left to give me a decent response.

    Now, you could say that all the ISPs should have enough backbone to supply each of us with full time use of the bandwidth that the ISP talks about providing. The problem is that this would cost a HUGE amount of money and your bill would up 10-50 times what you now pay (depending on your ISPs contention factor).

    The so called "net neutrality" debate is mis-named. The question is who pays for the cost of infrastructure and who makes the profits?
    • Re: (Score:2)

      Ok because you want faster service for your web/mmo traffic some other traffic should never get any bandwidth? More bandwidth isn't the crux of the problem even if it would solve the problem. They can throttle P2P without blocking it. Instead they decid
    • by 99BottlesOfBeerInMyF (813746) on Thursday November 15, @06:09PM (#21371749)

      Now, you could say that all the ISPs should have enough backbone to supply each of us with full time use of the bandwidth that the ISP talks about providing.

      Nope. ISPs should, however, be required to advertise what they're actually offering rather than misleading potential customers.

      The problem is that this would cost a HUGE amount of money and your bill would up 10-50 times what you now pay (depending on your ISPs contention factor).

      Please. Comcast does not charge cost plus a markup for service. They charge what maximized profit because in many locations they have a government enforced monopoly and because their infrastructure was subsidized by our tax dollars to the tune of billions. They don't compete because no one else can get access to the last mile public right of ways needed to lay lines and because the government won't shell out billions more to establish a second player and won't require Comcast share the lines with competitors.

      The so called "net neutrality" debate is mis-named.

      Net neutrality is a different issue altogether, despite propaganda trying to confuse the topic. Net neutrality is simply advocating a law that says ISPs can't treat traffic differently depending upon the source and destination of the traffic. That is to say, they can throttle all bittorrent traffic, but they can't throttle all bittorrent traffic except traffic to a service they are offering or service to a company they get paid extra by.

      The question is who pays for the cost of infrastructure and who makes the profits?

      The entrenched telecos make the profits, because their lobbying dollars are more influential than the threat to politicians posed by the chance that voters will be informed of how new laws affect them and vote on the issue. The infrastructure has already been paid for largely by the US taxpayer. In fact, we've already paid more per person than Sweden, which has similar population density and who subsidized the entire infrastructure and have much more widespread coverage. They have faster speeds and pay a fraction of what we do. This is despite a huge misappropriation scandal there. That means in the US we pay more monthly. after having paid more in taxes, and we have a significantly inferior system. What does that tell you aside from the fact that telecos in the US are more greedy and our government is significantly more corrupt.

      Finally, we have granted these big companies immunity from prosecution for breaking a huge number of laws like copyright violation, child pornography laws, libel and slander laws, etc. We grant them this protection under the guise of their being "common carriers" but many of them are not officially bound by the restrictions we place on other common carriers. Instead they have all the benefits of common carriers, but eschew the responsibility (to carry all traffic impartially without censorship or discrimination). It is clear to me that our current laws and the way these companies operate is not in the interests of the people, but only in the interests of milking as much money as possible. If we can publicize what is happening and get people to care about how far the US is falling behind other industrialized nations, maybe we can see some real improvement and move back to the top 10 internet enabled countries in the world, where we need to be if we hope to salvage our economy.

      [ Parent ]
    • Re: (Score:3, Insightful)

      How dare they indeed. Except you aren't paying for raw "bandwidth", you are paying for a service that the ISP is providing. The terms of that service and what it consists of are not clearly defined. Nowhere does it say that specific protocols, transport