We’ve wrote before that ISPs are looking for new ways to manage their network by introducing bandwidth caps and metered plans. Although we’re not in favor of it, we have to applaud Comcast for being open about it. Most other ISPs have similar policies, limiting their unlimited services, but they seem to get away with it. One of these ISPs is Qwest, one of the larger Internet providers in the western United States, who forces customers to accept an invisible 250 GB cap.

Qwest’s approach is quite aggressive to say the least. When customers reach the magic limit, their web traffic is is redirected to an “excessive use” page. The page informs the customer that they “noticed extremely high usage” on their Qwest Broadband account. The notification blocks all HTTP access from your computer, making it impossible to access any website. In order to proceed and release the block on your system, customers must acknowledge notification on this web page, and agree to a new service agreement.

There are no other options, no personal phone calls, no further explanation what acceptable use is, or how customers can track their usage. The new service agreement, dated August 12, 2008 (pdf), allows Qwest to limit your use in any way they see fit, and even terminate your service when the customer exceeds the (invisible) limit again. Note that Qwest does not specify how much bandwith customers are allowed to use. They only state (pdf) that “normal” subscribers use 1-3 GB a month (oh really?), and that 40.000 – 80.000 typically sized MP3 downloads is considered to be excessive use.

Comcast’s MP3 limit 250 GB limit comes down to 62,500 4 MB MP3s, so it is safe to say that Qwest has a bandwidth cap that is similar to Comcast – 250 GB. Unlike Comcast, excessive use is not specified anywhere in the service agreement, so customers can only guess, and hope that their service will not be limited or terminated out of the blue.

One of the affected Qwest users, who tipped us off, told TorrentFreak: “Since Qwest holds a monopoly in many areas, they can continue to reduce allowed bandwidth usage as they add new users while not adding new infrastructure. Such radical bandwidth limitation will have a chilling effect on further evolution of the Internet. If people can’t get bandwidth, then they can’t use bandwidth intensive services such as YouTube and Netflix. We may never know what the future could have been.”

Indeed, as we have said before, ISPs should think ahead. To most “normal” customers 250 GB may sound as a lot of bandwidth, but this might be totally different in the future. Making an online backup of your harddrive is pretty much impossible with a bandwidth cap like this, so will HD-streaming. It hinders innovation while it’s ignoring the real problem. ISPs should invest in their network instead, but I guess it’s not only the entertainment industry that finds it hard to adapt to technological change.

Source: TorrentFreak, for the latest info on copyright, file-sharing and anonymous VPN services.

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.

Source: TorrentFreak, for the latest info on copyright, file-sharing and anonymous VPN services.