Comcast Ordered to Stop BitTorrent Traffic Interference

Written by Ernesto on July 11, 2008 

ISPs have been throttling BitTorrent traffic for years now, but only recently has this turned into a political issue. In a huge victory for BitTorrent users, the FCC has now announced that it will order Comcast to stop interfering with BitTorrent traffic.

comcast throttlingAlmost a year ago we first reported that Comcast was actively disconnecting BitTorrent seeds. Now, after numerous debates and false promises from Comcast, the FCC has ruled that Comcast’s BitTorrent interference is unacceptable, and orders the company to stop doing so.

Kevin Martin, FCC chairman told AP that Comcast’s BitTorrent throttling is “arbitrary”, and that the company had violated the principles of the Federal Communications Commission. Martin said that Comcast slows down BitTorrent users independent of the amount of traffic they use, and that the company failed to communicate their network management practices to their consumers.

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.

Marvin Ammori, general counsel of Free Press who filed the complaint with the FCC is delighted with this outcome, and said in a response: “Nine months ago, Comcast was exposed for blocking free choice on the Internet. At every turn, Comcast has denied blocking, lied to the public and tried to avoid being held accountable. We have presented an open and shut case that Comcast broke the law.”

“The FCC now appears ready to take action on behalf of consumers. This is an historic test for whether the law will protect the open Internet. If the commission decisively rules against Comcast, it will be a remarkable victory for organized people over organized money,” Ammori added.

It is to be expected that - if the pipes are really congested - Comcast and other ISPs will have to step away from the all-you-can-eat plans they have been offering for years, now that people are actually using bandwidth they signed up for.

Previously: Permanent Injunction Closes QuebecTorrent

Next: No Anti-BitTorrent Precedent Achieved in Canada

76 Responses

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1 Jul 11, 2008 at 14:54 by Idealist

I hope this stands as precedence, or at least example here in Canada as our Telecommunications commission (the CRTC) considers similar activities by Bell Canada as it pertains to their own customers and those of third-party resellers.

Good decision FCC!

2 Jul 11, 2008 at 14:55 by Skyler

Hurray!
As a Comcast user who downloads/uploads on regular basis this is great news. I am thrilled that the FCC finally acted on what was so obviously a breach of contract and who knows how many regulations.
Fortunately, I hadn’t been affected yet, but I had read about areas that where feeling the “Comcast squeeze,” and I was starting to get nervous about what would happen to me. Naturally, Comcast controls my entire area, unless I want to do DSL–thank you, no, so I am stuck with them no matter what.
Now I can breath I sigh of relief and know that Comcast got exactly what it deserved–a slap in the face by the FCC.

3 Jul 11, 2008 at 15:05 by Mr.Afghanistan

Good Nice :)

Thanks

4 Jul 11, 2008 at 15:23 by Crandom

Thank GOD, finally some good news after days and days of bad news.

I am in the UK but still am so happy for everyone with comcast :) xD.

http://www.jamendo.com/
^Free, legal, great sounding, high quality music.

5 Jul 11, 2008 at 15:27 by Gargamel

Wow.. the American Judicial system wasnt a complete farce and actually worked for once.

O.J’s still a free man but at least it worked for p2p throttling :)

6 Jul 11, 2008 at 15:36 by Robb Topolski

Ernesto,

Thank you for your great and early coverage of this story!

The technological power that enabled Comcast to block P2P uploads did not exist until late 2006 and was only employed mid-to-late 2007. Only one other ISP (Cox) seemed to do the same. I wouldn’t say that this spells the end to unlimited access plans. We’ve had all-you-can-eat Broadband since before the year 2000.

Two ISPs got greedy and decided to put a halt to the Internet’s growth, and spent their money on secret technology to steal purchased bandwidth back from their own customers.

Both got caught, publically, but only Comcast tried the tactics of deny, diffuse, deflect, defame, and disillusion.

When Comcast bought up large systems to become the largest Cable MSO, it did not buy the Internet. It has no right to change how it works — not one byte of it.

How the world-wide Internet works is defined by all of us, through our participation and trust in the Internet Society and the Internet Engineering Task Force. To ensure interoperability and access for all, changes must be carefully deliberated and standardized there. The responsibility of operating the Internet in accordance with those standards is entrusted to companies providing access to it. It’s not Comcast’s job to change how the Internet works nor can it decide who or what gets preference upon it.

I haven’t seen anything other than the press reports about something to be circulated around the FCC. I am hopeful that when the details are released that it serves to preserve and protect the Internet from those who would abuse their power and change it.

Robb Topolski

7 Jul 11, 2008 at 15:52 by David R

Booyah!

Now if only we could get someone to bust Netflix for THEIR “unlimited access (but we throttle the hell out of you if you go above our secret limit).”

8 Jul 11, 2008 at 15:57 by stupid

this was all unnecessary and dumb.. if they had been honest about there dealings in the first place there would never be a problem.

If its your policy, its your policy.. but you cant LIE.

Morons.

9 Jul 11, 2008 at 16:06 by David

Now thats what should have been done way too long before…

http://www.hack5.blogspot.com

Let the eat the ….’t

10 Jul 11, 2008 at 16:25 by BillyBlaze

Woo hoo!

11 Jul 11, 2008 at 16:28 by hah

i smell pwnt toast

12 Jul 11, 2008 at 16:30 by Brian

I was apparently unaffected by Comcast’s throttling. I suspect prices will go up though, and since Comcast is the only choice for many people they’ll end up being the ones to pay the FCC’s moral fine to Comcast via a service price hike.

13 Jul 11, 2008 at 16:38 by pink panther

Sure, this is good - evil has been stopped - but remember Rehoboam’s answer when he was asked if he would be less evil than his father Solomon - so the son of this decision is probably going to be much worse in the long run - banning Torrent traffic? Upload caps? Who knows?

14 Jul 11, 2008 at 16:48 by Didn't know...

…something federal couldn’t be bribed

15 Jul 11, 2008 at 16:50 by Frost

Oh ya real good news!! I’m nowhere close to being a Comcast user but just like someone said above, am happy for them. Use private torrents myself and know how frustrating it is to be not able to seed. Way to go.

16 Jul 11, 2008 at 16:50 by FBI

Sad. Now criminals can commit piracy crimes!

17 Jul 11, 2008 at 16:56 by www.eZee.se

@17 (FBI) - Go troll elsewhere, and while you are at it, tell your mom she was a lousy lay so shes not going to get the other half of the $5 that we agreed upon.

18 Jul 11, 2008 at 17:03 by Pacze Moj

Quite clearly, another victory for the terrorists…

sigh

long live Incognito!

19 Jul 11, 2008 at 17:05 by Speed-demon

QUOTE of user FBI’s comment: “Sad. Now criminals can commit piracy crimes!”

What is really sad is that you believe that censorship of the internet is going to stop piracy and that P2P’s only purpose is for piracy. I hope the CRTC in Canada comes to the same conclusion as the FCC did.

20 Jul 11, 2008 at 17:07 by Killer Tree

As a throttled Comcast user I feel happy about this news, but I’m worried I’ll end up paying for it in the end with either rate hikes or a cost per gb rate plan… =^/

BTW, if it wasn’t the only cable option here I would leave it in a heartbeat.

21 Jul 11, 2008 at 17:34 by Josh

Yeah, now if only our Canadian equivalents can be just as smart…

22 Jul 11, 2008 at 17:35 by asdfvbgn

http://tinyurl.com/torrent-never-back-down

Lol :(

23 Jul 11, 2008 at 17:45 by Cal!more

This will grow into a fight over net neutrality I guess. Comcast might appeal this decision argueing that they need to be able to prioritize traffic in ordrer to offer reliable service.

After all it’s business for the ISPs. The don’t want to sell you cheap flatrates they want to maximize their profits, so the next logical step would be to sell HTTP and SMTP/POP3 flatrates which is probably enough for 80% of all private internet users. That such a thing would also deal a great blow to piracy by making P2P traffic expensive is more than a welcome side effect I suppose not only for the ISPs.

We have some interesting years ahead, I’m quite sure…

24 Jul 11, 2008 at 17:53 by ohnoes

“It is to be expected that - if the pipes are really congested - Comcast and other ISPs will have to step away from the all-you-can-eat plans they have been offering for years, now that people are actually using bandwidth they signed up for.”

In the end I fear it may be a bittersweet victory.

25 Jul 11, 2008 at 17:55 by Anonymous

> “Sad. Now criminals can commit piracy crimes!”

Civil, not criminal.

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