Regardless, Comcast is not the only ISP that is throttling. As was revealed in the stats from Project Glasnost, Cox is also throttling heavily. So, while some are popping the champagne corks over this victory, others are still working hard to keep our ISP’s honest, and ensure that their customers are getting what they paid for.

The latest of these, is a project called Switzerland by the EFF. Still in very early alpha, it’s an attempt to not just detect sandvineing by an ISP, but other forms of throttling as well. Unlike Glasnost, which uses a central server and known torrent streams to detect activities from the ISP interfering, this will use a more decentralised method, where peers running Switzerland swap information about the packets they send to other Switzerland users, in encrypted data packets sent via a central server. In effect, it’s a checksum of torrent activity sent via a 3rd party. As Peter Eckersley, staff technologist for the EFF, and developer of Switzerland puts it “Alice and Bob are exchanging packets, they connect to a neutral server (Switzerland) to arbitrate between their different views of the packets”.

When asked why the EFF started this project, and why they believe a neutral network is important, he told TorrentFreak: “There were several reasons why we started the Test Your ISP project, and designed and built Switzerland. One reason was pragmatic: we were trying to run systematic tests of the interference that Comcast was deploying against P2P networks, and we decided that the only sensible way to do that was to build an automated sensor network. So we set about doing that.”

“The bigger picture, of course, is that without transparency the Internet won’t remain the amazing open and innovative thing that it has been,” Eckersley says. “And EFF’s mission is to make sure that the Internet stays open and innovative. We need to shine lights into the dark corners of the network, and make sure that ISPs aren’t setting themselves up in some control room and saying “protocol A okay, but protocol B doesn’t fit with our business plans, so let’s give it second-class treatment or stop it from working entirely.”

Some might worry that the client might open up people to being monitored by anti-p2p companies or other undesirables, using the system as another method of verification, but there is really no way around it. The simplest method to avoid that is, in Peters words, “avoid exchanging copyrighted files between Switzerland clients. The copyright risks are probably lower if you run your own Switzerland server, but it’s still going to keep logs.”

The question of what the FCC will do about these other ISPs and their traffic management is one to ponder. Our inquiries on this matter have been acknowledged, but not replied to at the time of publication.

Article from: TorrentFreak, check out our new blog at FreakBits.

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.

Article from: TorrentFreak, check out our new blog at FreakBits.

“We at Vuze (Azureus) decided there was something important you can do to help elevate the debate,” says Jay Monahan, General Counsel at Azureus. “We created a simple software “plug-in” that works with your Vuze (Azureus) application to gather information about potential interference with your Internet traffic.”

The main purpose of the plugin is to gather factual data on which ISPs are throttling with BitTorrent, and to what extent. Already there is an ever growing list of bad ISPs available at the Azureus wiki, but the data from the plugin will make their case even stronger.

When the first ISPs started to throttle BitTorrent traffic, Azureus was one of the first BitTorrent clients to introduce a countermeasure, namely, protocol header encryption. However, this was only the beginning of an ongoing cat and mouse game between ISPs and BitTorrent client developers.

Unfortunately, BitTorrent encryption doesn’t work against the more aggressive, and ever evolving throttling applications. Even though there is a Comcast proof BitTorrent encryption in the making, it is always easier to use political means to stop ISPs from messing with our traffic in the first place. The plugin is listed at Azureus’ Sourceforge page if you want to help out.

For the paranoid BitTorrent users among us, Monahan guarantees that the data will be sent anonymously. “Be assured that sharing this data with us does not involve disclosure of any of your personally identifiable information. We will aggregate the data and may talk about it or disclose it publicly, but no data about any specific user will be disclosed as part of this effort.”

Article from: TorrentFreak, check out our new blog at FreakBits.

According to Christian Solmecke, a lawyer defending file-sharers in Germany, the system typically operated like this: “Based on the data provided by Logistep and other P2P tracking enterprises, an offense is reported. The public prosecution service is obliged to investigate because a copyright infringement is a criminal offense in Germany.” This would then force an ISP to hand over the identity of an alleged file-sharer and they would be threatened to pay up – or else.

Not any more.

In what could be a landmark victory for file-sharers, the Federal Constitutional Court (FCC) in Germany has just issued a ruling. With it comes a new level of privacy to protect personal data and communications and, fortunately for file-sharers, this enhanced privacy is good news for them.

No longer will it be possible for media companies to force ISPs to give up the identities of its subscribers who they accuse of copyright infringement, which will undoubtedly be a huge relief to the ISPs too. After all, these are the ISPs biggest customers we’re talking about. For Germany at least, it seems like 3-strikes-and-you’re-out schemes, could’ve been ruled out.

In future, it will only be possible to get an identity behind an IP address if dealing with a ‘heavy’ crime, such as terrorism, murder, child pornography or kidnapping.

A German law student told TorrentFreak: “At the moment, I cant imagine any realistic way file-sharers can be caught. It’s possible lobby groups will try to make file-sharing count as a ‘heavy crime’, but I doubt they will have much luck. The German criminal justice judicial system is quite overextended, and the people are overworked. Public prosecutors and judges alike were quite pissed off that they had to invest time in the many file-sharing cases, which were obviously irrelevant in a criminal law sense. The public interest to put file sharers in prison is simply not there.”

This ruling will stand for 6 months, after that, the main decision will be made final. The common consensus among legal commentators is that the Federal Constitutional Court is extremely unlikely to change their decision on this matter.

The privacy issue is becoming a hot topic in the file-sharing world. Just this week, anti-piracy company Logistep was told that it had been acting illegally by spying on Italian file-sharers.

‘The European Right to Pirate in Private’ – who would’ve thought it?

Article from: TorrentFreak, check out our new blog at FreakBits.

The second half of today’s hearing (pdf link) started with a number of network and technological experts telling us about the Internet, its history, and its makeup. Of main contention was the line between acceptable, and unacceptable traffic management.

Wise things were said, and the panelists made some good points about the unfairness of the traffic management tools that Comcast uses. There was emphasis on the TCP reset, which means that a few seconds after you connect to someone in a BitTorrent swarm, a peer reset message (RST flag) is sent by Comcast and the upload immediately stops.

Richard Bennett (co-inventor of the twisted-pair system for ethernet, and its protocol, 1BASE5) targeted those opposed to any sort of traffic management in his opening statement saying, “if we can’t control network management, we’ll have to shut down the internet”. David Clark, of the MIT computer science lab, opened by saying that ISPs can either see enemies, or they can see partners, and suggesting that right now, they see the former. He, like almost all the panelists, called the current usage of Sandvine technology ‘troubling’, and said that the user should pick the Quality of Service (QoS) level, not an ISP.

Daniel Weitzner, Director of the Massachusetts Institute of Technology Decentralized Information Group summed up bad traffic management with: “Maybe it’s a bit like the old adage about pornography ‘I know it when I see it’. In this case I know what Comcast is doing is in the camp of unreasonable. These are techniques that hackers would use to deny service to any application on the web, very similar in that regard. It might be interesting to hold a panel of security experts to talk about those kind of mechanisms, I’m certainly not one. But, forging data on the internet is probably outside of the realm of reasonable, and any standards body would deem it to be.”

However, one of the most succinct criticisms of Comcast’s actions came from Prof. David Reed, of MIT’s Media Lab, who suggested that any ISP that didn’t follow the standard solutions evolved over the last 30 years should not advertise themselves as an Internet provider, but instead as a company “offering selective access to portions of the net only”, a description many of Comcast’s customers will probably agree with.

The FCC questioner continued the panel discussion, and pointed out that one of the problems might be that there is no actual data on how busy the network was, something that, from his point of view, would be helpful in determining whether the TCP resets are a unreasonable form of network management or not.

One of the panelists (sorry, they all sound the same) immediately replied to this by pointing out that congestion was not important. He compared the TCP reset to a conversation between two people where a third party – who pretends to be one of the persons engaged in the conversation – says “Stop, this conversation is over”. He added: “I find it uncomfortable that someone in the middle is creating a message to you that appears to come from me, I have a lot of trouble with that.”

At the beginning of the hearing FCC chairman Kevin Martin said that they were willing to step in if needed. Let’s hope they will. Feel free to file a comment if you want to let the FCC know what you think of Comcast’s haxxor skills. A video of the hearing will be available within two days.

Stay tuned.

Update: Apparently Comcast has paid people to attend the hearing to keep concerned citizens out.

Article from: TorrentFreak, check out our new blog at FreakBits.