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Comcast's New Terms of Service Disclose Traffic Management

Posted by Soulskill on Thursday February 07, @09:15PM
from the thanks-for-the-retroactive-heads-up dept.
cremou brings us word that Comcast has changed its Terms of Service to include policies on traffic management. This comes after the FCC's recent decision to investigate Comcast's P2P throttling. The language in the updated Terms of Service, according to Ars Technica, mirrors the FCC's 2005 Internet Policy Statement[PDF]. "According to Section III of the revised ToS, Comcast 'uses reasonable network management practices that are consistent with industry standards.' The company points out that it is not alone in the practice, saying that 'all major' ISPs engage in some form of traffic shaping. Comcast does it to keep its subscribers from suffering the heartaches of 'spam, viruses, security attacks, network congestion, and other risks and degradations of service' and to 'deliver the best possible Internet experience to all of its customers.'"

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[+] FCC Seeks Comment In Comcast P2P Investigation 82 comments
I Don't Believe in Imaginary Property writes "The FCC has officially opened proceedings investigating Comcast's use of Sandvine to send RST packets and 'throttle' P2P connections by disconnecting them. The petitioner, Vuze, Inc. is asking the FCC to rule that Comcast's measures do not constitute 'reasonable network management' per the FCC rules and to forbid Comcast from unreasonably discriminating against lawful Internet applications, content, and technologies. If you want to weigh in on these proceedings, you can use the Electronic Comment Filing System to comment on WC Docket no. 07-52 any time before February 13th."
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  • In other news... (Score:5, Funny)

    by djupedal (584558) on Thursday February 07, @09:19PM (#22343924)
    I'm with Comcast and I don't see anXXXXnX XXong wXXX my serXXXe.
    • Re:In other news... (Score:4, Insightful)

      by unlametheweak (1102159) on Thursday February 07, @09:34PM (#22344082) Journal

      'all major' ISPs engage in some form of traffic shaping.
      Perhaps it's time people stopped using major ISPs.

      I have never used a major ISP, and to this day my bandwidth is not shaped (unless I exceed a soft limit of 100 GB of bandwidth per month); something that was introduce long after the major ISPs started to secretly introduced bandwidth shaping. Spam controls and firewalls, etc are most effective on the client side, not the server side. Yes there are arguments for the latter, but the downsides of letting an outside agency control your connection outweigh the upsides of users having control of what type of email they accept, or the trojens they so naively install. As with everything good comes bad; let people learn from their experiences and keep the Nanny out of my bandwidth.

      And no please don't ask me what my ISP is; it's small and regional and not much use to most ppl here.
      • Re:In other news... (Score:5, Informative)

        by Scutter (18425) on Thursday February 07, @09:41PM (#22344148) Journal
        Perhaps it's time people stopped using major ISPs.

        I have never used a major ISP


        Unfortunately, most people in the U.S. don't have the luxury of a choice in internet providers. They generally have one or maybe two options (if they're lucky). I have three "options", myself. I can either get Comcast (see story above), Covad DSL (resold by a number of companies, but limited to 512k and never cheaper than $100/month), or SBC DSL at 6Mb.
        • Re:In other news... (Score:4, Funny)

          by unlametheweak (1102159) on Thursday February 07, @10:01PM (#22344286) Journal
          I can presume you are American. If so then you need to tell your politicians to re-introduce the law that forced the backbone providers to wholesale bandwidth to anybody who wants to get into the ISP business. Legislation can go a long ways to curbing monopolistic practices.

          And btw, you forgot to post anonymously ;)
  • Traffic Shaping (Score:5, Insightful)

    by greenbird (859670) * on Thursday February 07, @09:22PM (#22343956)

    So now forging TCP packets is called traffic shaping and is an industry standard. Yeah right, maybe for the Russian mafia.

  • Yeah whatever (Score:5, Interesting)

    by afidel (530433) on Thursday February 07, @09:22PM (#22343960)
    Comcast does it to keep its subscribers from suffering the heartaches of 'spam, viruses, security attacks, network congestion, and other risks and degradations of service' and to 'deliver the best possible Internet experience to all of its customers.'"

    I would call throttling the hell out of my connection to be a degradation of my service so obviously they aren't supplying the best possible experience to ALL of their customer, possibly most but certainly not all.
  • Translation - (Score:5, Insightful)

    by Anonymous Coward on Thursday February 07, @09:23PM (#22343970)
    "Hey, in light of that whole FCC investigation thing, we just thought we should let you know that we're fucking you out of the service and bandwidth you've been paying for. No hard feelings, just clearing things up. It's alright, you can use your internet just as long as you don't use much of it; You know, like most of what you're entitled to in your service plan. Oh, and in case you were wondering, everybody does this, so that makes it cool, alright? Glad we could get this sorted out."
  • Define traffic shaping (Score:5, Interesting)

    by sweet_petunias_full_ (1091547) on Thursday February 07, @09:25PM (#22343980)
    Does this include dropping packets, dropping connections, or what? Wasn't traffic shaping originally supposed to only *delay* some packets in favor of others?

    Looks like they can call something "traffic shaping" and then do whatever they want with the traffic, including not meet any of their other commitments.
  • cough cough bullcoughshit cough (Score:5, Insightful)

    by zappepcs (820751) on Thursday February 07, @09:29PM (#22344030) Journal
    Yes, all the right buzz words to arguably be trying to protect the unwashed masses of people that believe whatever the government, fox news, or their ISP tell them. I'm personally sorry that we didn't listen to Mr Orwell's nightmarish vision of the future. It's upon us now.

    By way of interpretation: We're going to blame the 5% percent of our customers who actually use the amount of bandwidth that they purchased. We know that if you had paid us only 50% of what we robb^H^H^H^H charge you, you would be happy with 1.5 Mbs download speed, but it sounds so much better if we promise you 3Mbs even though 90+ percent of you will never use it. This way we look like a super broadband provider to most of you, and to protect that false image, we're going to punish the few people who actually thought they were getting what they paid for.

    It's not that we, Comcast, think our customers are fucking idiots, it's just that we know the damned good money we paid our congressional lobbyists is going to go a lot further than the whiney complaints of less than 5% of our consumer base.

    So, we at Comcast want to assure you we are protecting you from the people who want to rob you of bandwidth so they can have the actual bandwidth that they paid for. By protecting you from these greedy bastards you can rest assured that we are doing all we can to keep your cash falling into our pockets every month. Thank you for being a Comcast customer.
  • Comcast access stinks (to be blunt) (Score:4, Interesting)

    by RT Alec (608475) <alec.slashdot@chuckle@com> on Thursday February 07, @09:34PM (#22344080) Homepage Journal

    Remember office environments a few years ago... with a T1 (ideally) or xDSL (better than ISDN)?

    And you would track down the one or two users that consumed the entire pipe 24/7? And no matter where, there was always one or two of 'em?

    ...and maybe you were one of 'em ;)

    Comcast oversold their capacity. They did not count on the number of subscribers who would exceed their ill-prepared estimates. Now they want to deny service to those subscribers... induce them to find another provider. They can do what they want, you can always choose to not do business with them.

    Take their bait. Comcast is at best a reasonable solution to light users (or maybe people who swallow the entire Comcast pill-- VIOP + web hosting + email hosting, etc?). Get Fios if you can, or even a fast DSL. It is "better" access.

  • Comcast says Internet is not for Pr0n (Score:5, Interesting)

    by JensenDied (1009293) on Thursday February 07, @09:46PM (#22344174)
    Snip..
    I. Prohibited Uses and Activities What uses and activities does Comcast prohibit? [...]

    Conduct and information restrictions

    • undertake or accomplish any unlawful purpose. This includes, but is not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening or defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, or otherwise violate any local, state, federal, or non-U.S. law, order, or regulation;
    • post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be indecent, pornographic, harassing, threatening, hateful, or intimidating;

    .. Snip
    • Call customer service (Score:5, Funny)

      by peipas (809350) on Thursday February 07, @10:59PM (#22344748)
      "Hi, I'm Angela, how may I help you today?"

      "Hi Angela. I was looking through the terms of service and wanted to make sure I am not in violation of my agreement. Is it true that I'm not allowed to view or download pornographic material?"

      "Uhmm..."

      "I have downloaded a LOT of porn through the Comcast service. Everything is legal-- everyone over 18, and amateur material only rather than pirated commercial material. I prefer the amateur work anyway, it's more real, you know? Have you viewed or published anything pornographic using Comcast service? I'd feel a little more comfortable if I knew I was in good company. Also, do you want to trade?"
  • I have hated comcast for their customer service and service quality since I first subscribed to cable back in the very early 90s. Thank the gods for DirecTV introducing competition to this market of city and county sponsored monopolies.

    Unfortunately, I recently moved back under comcast's umbrella and had no other options for internet within my budget. And now I'm suffering latencies as high as three seconds whenever I download a torrent. As soon as I stop torrent downloads, my latency returns to 25ms.

    This is not traffic shaping. This is crap.

    Shaping involves prioritizing and queing packets so that every process gets fed, regardless of what's running. You can also force downloads like BT, FTP, and even HTTP to take the slow path, moving icmp and ssh to the front of the line. This is quite easy with tc and other professional tools.

    However, what comcastic seems to be doing is more akin to load leveling back in the days of mainframes. In those situations, you find that a user is hogging the resource and you would load level ALL of that users processes, regardless of function. As a result, if I'm downloading a torrent, my ssh sessions take 30 seconds to establish and keystroke confirmation lags three seconds behind my typing. Since I type about 60 words per minute, that's about three words or more behind my fingers. Wow.

    Nice way to show your colors comcast. Once again, you are guaranteeing that:

    1. as soon as I can, I'm dumping you.
    2. I'm already telling EVERYONE to avoid you
    3. I will go out of my way to starve you of customers
    4. I will seek out and endorse your competitors

    Good luck. May you soon die a well deserved and early death.
  • Fun with TOS! (Score:5, Funny)

    by Seakip18 (1106315) on Thursday February 07, @09:53PM (#22344224) Journal

    post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be indecent, pornographic, harassing, threatening, hateful, or intimidating;
    Man. Does that mean comcast is going to start going after trolls for us? Additionally, I don't want to know how they'll determine what porno is to "reasonable person"

    initiate, perpetuate, or in any way participate in any pyramid or other illegal scheme;
    be aware all you would-be ponzi-scheme runners in Eve or WoW.

    impersonate any person or entity, engage in sender address falsification, forge anyone else's digital or manual signature, or perform any other similar fraudulent activity (for example, "phishing"
    There goes my not-very-famous George Dubya Impersonations.

    use or distribute tools or devices designed or used for compromising security, such as password guessing programs, decoders, password gatherers, unauthorized keystroke loggers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs. Unauthorized port scanning is strictly prohibited;
    No Nmapping your own computer or another to make it secure!!!!

    copy, distribute, or sublicense any software provided in connection with the Service by Comcast or any third party, except that you may make one copy of each software program for back-up purposes only;
    They don't care if it IS free. Only one for you!

    use or run dedicated, stand-alone equipment or servers from the Premises that provide network content or any other services to anyone outside of your Premises local area network ("Premises LAN"), also commonly referred to as public services or servers. Examples of prohibited equipment and servers include, but are not limited to, e-mail, Web hosting, file sharing, and proxy services and servers;
    Call me a stickler but isn't a ROUTER considered a stand-alone piece of equipment that allows outside access?

    # restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Service, including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others' ability to use, send, or retrieve information;
    # restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the Service or any Comcast (or Comcast supplier) host, server, backbone network, node or service, or otherwise cause a performance degradation to any Comcast (or Comcast supplier) facilities used to deliver the Service;
    So, if I generate any traffic that might lower the download speed of another, I'm in violation or if I run into a telecommunication pole, I'm in violation?

    This and even more fun @ http://www6.comcast.net/terms/use/ [comcast.net],the linked article
    • Re:So... (Score:5, Funny)

      by Anonymous Coward on Thursday February 07, @09:19PM (#22343920)
      As long as you're only sending email - you'll have a great comcast experience.
      • Re:So... (Score:5, Interesting)

        by arth1 (260657) on Thursday February 07, @10:00PM (#22344282) Homepage Journal

        As long as you're only sending email - you'll have a great comcast experience.

        No, you won't. They block port 25, forcing you to use them for mail relays. This affects those who don't want Comcast to see their mails, and where the recipient can't receive encrypted email but is behind a mail server that supports TLS, so the emails will be sent encrypted over the internet. That won't work -- Comcast forces you to relay through them, and they get to copy and read your outgoing mail (and hand it over to who knows).
          • Re:So... (Score:5, Interesting)

            Heh, interesting conspiracy theory. Though it doesn't quite jive with the local sendmail instance I use for outgoing mail which connects directly to appropriate relay servers (on 25); or the fact that I sometimes send through gmail, and have in the past used my own Qmail installation on a remote server...

            Give it time - they'll get to you.

            I used to do the same thing (using exim instead of sendmail), until I got this letter from Comcast claiming that I was sending spam. They claimed to have proof:

            We have confirmed that your computer has been involved in transmitting unsolicited email, an activity that is in violation of the Comcast Terms of Service Agreement. The reporting parties have provided email header information, which identifies the IP address of the computer that was transmitting the email. The IP address listed was one that was assigned to your computer at the date and time in question.
            I knew this to be bogus, as there is only one way out of my home network and every email is logged. Despite this, they stuck to their guns and refused to unblock port 25, and refused to even discuss the possibility of sending me the proof they claimed to have, or even reveal anything about the email, the IP in question, etc.

            The worst part of this was not the block on outgoing. I just had to use a different port and authenticate each time, which was a pretty simple configuration change in Exim. A lot of ISPs refused email directly from me anyway, indicating that they don't accept email from a network unless it's from an "official" email relay on that network. The list of host names that I had to send through Comcast was getting rather long.

            The worst part was that they also blocked port 25 for all incoming traffic. What is that supposed to do for anybody? How is it even justified? But of course their TOS already prohibits "servers", so they felt justified to block mail from reaching me. I had to set up a RollerNet account to get around it. Very annoying.

            Yea, yea, I know "switch providers if they treat you like that" you say. Well my only other option is Verizon FIOS (can't even get DSL), and they block 25 by default as well as any incoming port 80 traffic. So that's just a non-starter.

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

        by cloricus (691063) on Thursday February 07, @10:03PM (#22344312)
        Now that your ISPs have started going down this route there isn't much you'll be able to do. When this happened in Australia around 2000-01 a single user of one of the ISPs that lead the charge towards download limits and limited speeds started a small site, as the industry fell into worse condition (from the consumers point of view) that site basically turned into the independent industry watchdog. www.whirlpool.net.au became a very important staging ground for consumers to fight back, even if that meant mass organised exodus from misbehaving companies. Hopefully for your internet use sake some thing similar pops up in the US and gets wide attention.

        Of course there is at least one up side to this all and that is once you have defined download limits you the consumer are directly paying for x amount of bandwidth. Opponents to net neutrality find their arguments fail completely because people en mass start to understand that it means they'd be paying for the same bandwidth twice. So far in Australia any attempts to start the debate on net neutrality have fallen on deaf ears and even out rage.
    • Re:Better quality for games/voice? (Score:5, Informative)

      by ashridah (72567) on Thursday February 07, @09:29PM (#22344026)
      Sure, that's a good idea, and probably what a lot of ISP's do in practice. prioritise traffic.

      It should be noted, however, that this is *not* what comcast is doing.

      Comcast are deliberately cutting connections when a user attempts to seed bittorrent. Most users can still download, but they can no longer upload, without encrypting the tracker's traffic and individual connections. (I was able to get mine working again, after a fashion, once i setup a tunnel for the tracker (not all) traffic was able to go through)

      This sucks for people trying to distribute stuff, like, say, linux ISO's, or their own music/media, etc.

      I now use verizon as a direct result of these pathetic practices.

      ash
      • Re:Better quality for games/voice? (Score:5, Interesting)

        by pete-classic (75983) <hutnick@gmail.com> on Thursday February 07, @10:30PM (#22344558) Homepage Journal

        Comcast are deliberately cutting connections when a user attempts to seed bittorrent.


        That's not exactly what they're doing, either. They might be able to justify dropping certain connections in favor of the collective good. What they're actually doing is impersonating the system your software is in communication with, and sending a reset.

        In any normal sense of the word this is fraud. In any normal sense of the phrase this is not traffic shaping.

        I'm not an expert on these matters, but I don't see any reason for an ISP to send fraudulent resets instead of using normal traffic shaping techniques other than an attempt to conceal what they are doing. Detecting this behavior requires simultaneous monitoring of both ends of the communication.

        -Peter

        PS: I'm posting this on Comcast. I can't understand why they don't offer a service package they feel is fair instead of subverting our agreement.
    • Re:Better quality for games/voice? (Score:4, Interesting)

      by mrchaotica (681592) * <mrchaotica.yahoo@com> on Thursday February 07, @09:30PM (#22344040)

      Hi, So I wonder, if they start throttling file sharing, will it improve the experience (reduce network latency) on sensitive apps like gaming and VoIP?

      All I know is that I'm a Comcast subscriber, and I can't play any games because I get huge lag spikes (and/or dropped packets) every few minutes, depending on the time of day. Specifically, it'll be consistently fine (e.g. 50 ms or so) and then drop every packet it sends in a several-second-long interval.

      Now, I don't think this has anything to do with the RST packets. However, it's really pissing me off because I've had two techs out so far (plus one who failed to show up) and it's not fixed yet, so I'm going to use it as fuel for the "let's bitch about Comcast" fire anyway.

      • Re:Better quality for games/voice? (Score:5, Informative)

        by Lumpy (12016) on Thursday February 07, @10:12PM (#22344406) Homepage
        Here's some facts for you from a comcast insider. well a past comcast insider.

        The techs dont know squat. They typically tell you what you want to hear if they can get online, lag is a non issue they will not fix. The Lag at comcast is huge, as well as the Jitter. It's gotten worse over the past 2 years because of the equipment they install. Most people have voip quality issues because of the sniffer they have installed in every 2nd point OTN that all traffic goes through.

        Also your modem is set to cache a large chunk fo your traffic before sending. this plays HELL with games and Voip as well.

        If you want to do anything but surf the internet and email, Comcast will suck for you. and it's gonna get worse. They want to oversell the connectivity even further. they already are at a 13 to 1 ratio and want to push it to a 15 to 1. Stable is 10 to 1.
    • Re:Better quality for games/voice? (Score:4, Insightful)

      by bh_doc (930270) <blhiggins@gm a i l.com> on Thursday February 07, @09:30PM (#22344046) Homepage
      Are people really worried about 5 extra minutes? Or are people pissed off about packet forgery and actively breaking protocols?