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February 13, 2008 9:45 AM PST

Comcast to FCC: We block only 'excessive' traffic

by Declan McCullagh
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Comcast is mounting an aggressive defense of its BitTorrent blocking, telling the Federal Communications Commission that its decision to slow some file transfers are absolutely necessary to keep its network operational and have been mischaracterized by critics.

The broadband provider told the FCC that it delays only peer-to-peer uploads--at times when a download is not taking place as well--and then only during periods of peak network congestion.

Here's an excerpt from Comcast's filing on Tuesday:

Comcast's network management practices (1) only affect the protocols that have a demonstrated history of generating excessive burdens on the network; (2) only manage those protocols during periods of heavy network traffic; (3) only manage uploads; (4) only manage uploads when the customer is not simultaneously downloading (i.e., when the customer's computer is most likely unattended) ("unidirectional sessions" or "unidirectional uploads"); and (5) only delay those protocols until such time as usage drops below an established threshold of simultaneous unidirectional sessions.

Although network management practices must respond to new technological developments and necessarily change over time, Comcast to date has not found it necessary to manage traffic associated with downloads, or bidirectional traffic (i.e., uploads that occur at the same time a customer is downloading). P2P file uploads that are underway before the network management threshold is reached are not interrupted, and neither bidirectional file transfers nor downloads--including new ones--are affected. This action is nothing more than the system saying that it cannot, at that moment, process additional high-resource demands without becoming overwhelmed, just as a traffic ramp control light regulates the entry of additional vehicles onto a freeway during rush hour. One would not claim that the car is "blocked" or "prevented" from entering the freeway; rather, it is briefly delayed, then permitted onto the freeway in its turn while all other traffic is kept moving as expeditiously as possible, thereby ensuring order and averting chaos. This is an appropriate analogy to Comcast's management of P2P unidirectional uploads.

This is the most detailed description yet of what Comcast is doing--as recently as last fall, it was still unclear exactly what kind of BitTorrent or other filtering was taking place.

A coalition of liberal advocacy groups including Public Knowledge, along with a parallel request from Vuze, had asked the FCC to stop Comcast from throttling BitTorrent traffic and to declare that the company had violated the FCC's broadband policy principles. They say says consumers can generally use the applications and access the Web sites of their choosing, with an exception for "reasonable network management."

Declan McCullagh, CNET News' chief political correspondent, chronicles the intersection of politics and technology. He has covered politics, technology, and Washington, D.C., for more than a decade, which has turned him into an iconoclast and a skeptic of anyone who says, "We oughta have a new federal law against this." E-mail Declan.
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Add a Comment (Log in or register) Showing 1 of 3 pages (117 Comments)
And they get to decide what's excessive?
by Galaxy5 February 13, 2008 10:49 AM PST
Give me a break. Let's see some metrics about what's excessive.
2GB/hour? 3? 8?

At least they're better than ATT, if only by shades.
Reply to this comment
At least...
by ewoychowsky February 13, 2008 10:59 AM PST
They haven't decided that the http and ftp protocols are excessive, yet. I suppose one thing at a time...
View reply
This is more vague....
by cidman2001 February 13, 2008 10:50 AM PST
...than I think most people would like to hear. If this is in fact what they are doing, it sounds somewhat reasonable. The problem lies with letting the ISP's determine what types of traffic are acceptable and at what rate they will be allowed. I think their statement just lends more credibility to people who would argue that they are simply overextending a promise to deliver what speeds they advertise. If you advertise an up speed of X and a down speed of Y, its reasonable for the consumer to receive just that. If they are unable to consistently deliver these speeds, they need to invest in more infrastructure to handle it or advertise speeds that are closer to reality. They shouldn't be punishing one type of user to benefit another when they are paying the same amount for the same advertised speed. As Voip and video services grow (and all statistics point out they are), the ISP's need to change the way they do business to keep up. If that means investing millions more to do so, so be it. It's simple supply and demand, and I think they've made enough money from all of us and its time that they cough up or shut up!
Reply to this comment
Not the action, it's the method
by menty666 February 13, 2008 10:55 AM PST
I don't think most reasonable people would consider throttling the network for the sake of protecting it to be "wrong". Irritating perhaps, but not wrong.

The problem lies in how Comcast is going about it. Rather than slowing all traffic in and out of the user's connection, they are tampering with the packets themselves. Meaning they're intercepting information and in some cases, tossing it overboard.
Reply to this comment
Block Vs. Bottleneck
by scrushmaster February 13, 2008 10:57 AM PST
Are we going to actually allow them to make stuff up? Seriously don't they know about buffers and bottlenecks that limit traffic everyday? Could have swarn I have a limit on my DL and UL speed right now... Blocking out bit torrenting actually adds more stress to an existing net work. Does the FCC or the reps at Comcast actually know how the internet works? I think we need Al Gore to solve this one, lol.

CENCORSHIP IS UNCONSTITUTIONAL AND ILLEGAL AND THAT IS WHAT THIS IS. I ADVISE EVERYONE TO CANCEL COMCAST AND FIND A SATELITE PROVIDER OR ANYONE THAT DOES NOT ENGAGE IN THIS BEHAVIOR. BOYCOTT COMCAST EVEN IF YOU DON'T USED BIT TORRENTS.
Reply to this comment
Re: Block Vs. Bottleneck
by ToeKneeF February 13, 2008 12:31 PM PST
Sorry Clarence Darrow but last time I looked Comcast is NOT a government entity so constitutional constraints against censorship don't apply to them. If we had true Telecom deregulation and competition, then we would have viable alternatives to Comcast's monopoly and could consider moving to another service provider, as it stands, Comcast KNOWS they're usually a consumer's best option. The best we can do is respond with INTELLIGENT and WELL WRITTEN comments to the FCC's request for public comments on this matter.........The public may file comments or other documents with the Commission and should
reference docket numbers 07-52 and 08-7 when filing by paper or submit your filing
electronically by going to http://gullfoss2.fcc.gov/prod/ecfs/upload_v2.cgi and enter proceeding
numbers 07-52 and 08-7. Filing instructions are provided at
http://www.fcc.gov/ownership/comments.html.
View reply
Same but different
by wright207 February 14, 2008 6:47 AM PST
ALL Providers are gong to have to do so limiting or blocking at some time in the future...or everything will be crawling...
I work with one local ISP and there policy is slow down some apps between 8am and 5:30 pm because they have businesses and home users going through their main site.. ((as do all ISP)) they can not risk having businesses get a slow conenction because of music downloads and other apps like that...
Blocking an app actually is the easy way out and does not cause more stress at all..not sure where that idea comes from but it is not true... I could go into a 5 page explaination here but nobody wants to read it
It is not censorship
by The_Decider February 14, 2008 11:10 AM PST
It is network management. It is necessary on a network that guarantees real time service via on demand and VoIP, to name a few.

I bet you will whine harder when your on demand movie is stuttering and skipping because of BT traffic.
View all 2 replies
Al Gore
by Kosmös February 26, 2008 9:40 AM PST
Al Gore?!?! Count me in for a supporter for this cause! lol
SEC Sarbanes-Oxley violation
by W2Kuser February 13, 2008 11:17 AM PST
How is this not a clear Sarbanes-Oxley violation? The FCC filing clearly contradicts executives' previous comments.
Reply to this comment
What???
by TechieGirl34 February 14, 2008 3:14 PM PST
How does this have anything to do with Sarbanes-Oxley? Please explain.
Comcast needs to be fined and punished
by x181 February 13, 2008 11:28 AM PST
Comcast needs to be fined and punished then broken apart and its executives imprisoned. There is no solid government in place to stand up to these corporations and slap them around a bit.
Reply to this comment
WOW
by The_Decider February 14, 2008 11:11 AM PST
People need to educate themselves before flying off the handle.
The problem is the HFC network
by solrosenberg February 13, 2008 11:34 AM PST
The HFC architecture was designed with a fat forward path (to the customer) and a skinny return path (from the customer). This worked fine when the network only had to support CATV and the return path was only used for things like ordering PPV. Now P2P, user-generated content, etc. is showing the flaws in that architecture. It's not surprising Comcast has to do something to conserve bandwidth on that skinny return path.
Reply to this comment
Oh wait a minute
by tashman February 13, 2008 1:36 PM PST
There is not a technical reason why the upload is slower than download. Comcast does this on purpose. When it was ATT long ago I had like 4M up and down with so old non docsis modem. It was great, Once docsis came about they threw in the limits and we have what we have now.

So the limits are clearly already a network management tool and not a technical problem.

tim
View all 2 replies
Your Upload is My Download
by ppartekim February 13, 2008 11:35 AM PST
The main problem I have is that Comcast says they only throttle the upload and not downloads. BUT, my download is in fact someone else's upload. SO, by that fact they are indeed throttling MY download.

Like the stock market, someone has to loose money so someone else can make it.
Reply to this comment
Moronic drivel
by CalBubba February 13, 2008 6:54 PM PST
Comcast only blocks pure seeders, the uploaders that have already finished downloading. They don't block or limit typical BitTorrent transfers, where uploads and downloads take place at the same time.
up VS down
by wright207 February 14, 2008 1:39 PM PST
I am sure they throttle the download.. and you will never have a major upload unless you are sending large files via email or you are hosting a website from your house.

Web request...ie hitting enter or clcking a link requires very very small amounts of up stream..ie to the server traffic... now maybe we should discuss tcp vs udp and then ports and rebroadcasts and routing...
due justice
by payam jaan February 13, 2008 11:52 AM PST
I say they set the court time for 9am and nobody show up till about 4 or 5pm. Comcast is a prime example of why anti-monopoly laws are in place. about time someone grabbed these guys by their balls.
Reply to this comment
comcast excessive definition
by wintersmith February 13, 2008 11:55 AM PST
I continue to have issues with comcast. I help run a subscription newsletter (only folks who subscribe receive the newsletter and they can unsubscribe at ANY time. Our subscribers who use comcast can't have their newsletters (which are text only and VERY small) delivered to their comcast email addresses. Comcast cannot describe to us exactly why the newsletter is not getting through, but suggest that it is because the newsletter email list is excessive...
Reply to this comment
blocking email
by johnny raindrop February 15, 2008 9:53 PM PST
I run the network in a small office, and we have a comcast internet
connection. Comcast several times simply shut off our outgoing
mail without warning. The explanation was that too many outgoing
mail messages were being sent. But they were unwilling to say how
many was too many, and the claimed it was all automated and
there was nothing anyone could do about it. I put in a qwest DSL
connection in addition to the comcast, just to have a reliable way to
send outgoing email. I hate these turds.
Definition of excessive traffic
by iansmccarthy February 13, 2008 11:55 AM PST
As I understand it Comcast has been blocking not only peer to peer transfers, where at least it could argue that it might well be blocking "illegal" file sharing, but also simple downloads of movies that customers had paid for. Since the FCC and the Bush Administration have permitted Comcast to establish a monopoly it seems reasonable that they be required to live up to their promises regarding service. Allowing Comcast to unilaterally decide who and what it will allow to be transmitted seems like giving it a free hand as a censor.
Reply to this comment
net neutrality ....... and why it is GOOD for you
by Agit66 February 13, 2008 12:03 PM PST
This is a VERY good example why Net-Neutrality should be written into law. Today it's BT, tomorrow it's going to be google, youtube, etc.....

When they get their way and they can decide what flows normally and what doesn't flow normally, you can bet that EVERYONE will be affected by this in some way or another.

This is exactly WHY we need to pressure our politicians to not pander to corporate lies. If they feel that their network is being overloaded it is time that THEY scale it to accept/handle all of the extra bandwidth needs that are on the way, and growing more popular every day.
View all 2 replies
get with it, people, comcast is jerking the chain
by bananadan February 14, 2008 5:41 PM PST
Comcast is blocking whatever the f*^k they please. that includes
the innocent several MB of stuff I try and send to/from my
business so I don't have to burn fossil fuel constantly and so I
can use tools like Remote Desktop and timbuktu to access my
business. It's a monopoly for all intents and purposes, and
behaves exactly as we would expect. Please, MORE REGULATION!
I know this is a dirty word, but whatever idiots think that the so-
called free market will solve their problems should stop drinking
the Kool Aid. I can agree that IF we had a free market it might
solve a few problems - - but the monopoly or duopoly of
internet services is anything but free. "Free Market" seems to be
the mantra of someone who is in the process of ripping you off.
Fine w/ me
by michaelo1966 February 13, 2008 12:07 PM PST
I'm a Comcast user and I'm tired of my own bandwidth being throttled by some doorknob on my circuit sending and receiving torrents. I support Comcast getting them off the network and, assuming the "sharers" (thieves) are responsible for the flakiness of my connection wish they'd throw them off the network entirely. This is a commons problem: the problem isn't Comcast, it's those gorging on bandwidth others are paying for.
Reply to this comment
How do you know?
by nart321 February 13, 2008 12:18 PM PST
First question is on what basis are you assuming that any flakiness to your Comcast HS connection is due to BitTorrent useage?
View all 3 replies
Re: Fine w/me
by alflanagan February 13, 2008 2:04 PM PST
Well how much bandwidth did I "pay for"? I'd be happy to stay in that limitation if I knew what it was. As it is, Comcast sells speeds of "up to" X megabytes, and doesn't tell us what the real capacity is (it's way less than that though).

Really there are two problems: 1) the whole issue of available bandwidth is being obfuscated by Comcast for marketing purposes, and 2) they're not throttling my bandwidth usage, they're throttling certain operations by certain programs. If they can throttle just BitTorrent then they can, for example, limit the bandwidth of Firefox users to half what they give IE users. You really want to pay for that?
Contract
by maciver6969 February 13, 2008 4:00 PM PST
My contract with Comcast says NOTHING about limiting my bandwith at all. I signed up when they first had broadband and there was nothing there to have them legally limit me in ANY way. I upgraded my net access to the fastest they allow. I by trade email and BT building blueprints to subcontractors to save printing costs and these are also large files. I also am a member of several overseas project that distribute e-books that are now in the free domain. They sent me a letter saying I exceeded my bandwith. If they want to do this to people change the contracts to say they can do so. If not but the hell out of my life and let me use what I PAID FOR! If my use is slowing others down this isnt my problem, I am using what I paid for and comcast should upgrade their crappy networks!
View all 2 replies
Wrong
by x181 February 13, 2008 5:16 PM PST
If I'm paying for an 8mbit connection, I will use whatever the heck I want to pull down 8mbits per second. You are not paying for the bandwidth I use. I am paying for that connection and rarely does it ever go past 8mbits/second (1 megabyte per second).

The problem is that Comcast purposefully oversells it's bandwidth. Much like how Airliners oversell tickets all the time.

If everyone actually got what they paid for, the entire Comcast network would go down in flames.
View reply
not two hoots
by johnny raindrop February 15, 2008 9:57 PM PST
I don't think they give two hoots about file sharing. What they
really want to do is control what goes over the network. Lke make
sure you can onloy download movies they sell and not from some
other service like itunes. That's what this is all about: they're
establishing the right to pick and choose what goes over their
network, and the loser is gonna be the consumer. If you don't like
it, hook up with the other cable company. ha ha.
Excuse me...
by cidman2001 February 16, 2008 4:37 AM PST
...if I'm that doorknob on your circuit, I'm paying the exact amount of money for my service that you are. I should be able to use it as I see fit. You shouldn't be mad at me, you should be mad at the ISP for not delivering the service they advertise!
yeah,,,,,
by wtsyes February 13, 2008 12:29 PM PST
the fact that liberals are fighting for only specific rights and not all people's rights is a clear indication that they do not have the best interests of society in mind.
for instance the right to illegally have/gain access to an un-paid for copy of art/song/program.
but liberals are not interested in the rights of lawful restrictions on people planning to blow up America, because that would be aweful to restric those "rights". I don't see anywhere that people have the right to plan to blow up America in any laws, and I don't see anywhere that people have the right to have something they didn't purchase.
Reply to this comment
yeah, the problem is the darn LIBERALS!
by bananadan February 14, 2008 5:57 PM PST
oh please. liberals. I am glad you know what that means and
what "liberals" are fighting for. A few things need to be said
here. The issue of intellectual property is not a
liberal/conservative issue. I am sure you will find plenty of
unpaid copies of songs/art/whatever on conservative computers
as well as liberal. And to think that "liberals" don't love our
country and want to prevent it being blown up? What are you, on
crack? Probably. I think you need to flush your collection of
misguided labels down the toilet and start using your mind to
think about issues and people on a direct, one-to-one basis.
Using your useless labels to define what "people" do and think is
counter productive. If "liberal" means some kind of restriction on
unlimited torture, lack of due process, reducing military trials
instead of civilian trials and so on, well, call me a liberal. You
might as well call me a Constitutional American, because as I
read it, all these things are illegal under our mutually-agreed-to
constitiution, yet are violated every single day that our non-
liberal administration continues to abuse everything and every
one in sight.
Just a reminder..
by cidman2001 February 16, 2008 4:41 AM PST
There are companies out there that have invested significant amounts of money (including major studios)to use BT as a legal distribution system. Is this practice fair to them?
Lies
by stephenmglover February 13, 2008 12:36 PM PST
That's a lie because they block *most* of the Joost ports and UDP 5060 (the main port use for VOIP) (not TCP), which I need for work. I just had to sign up for business service which is substantially more expensive. It's only a matter of time before they lock down even further... the TV networks' streaming video, etc. But my muni isn't part of the fiber initiative here so i have no choice if I want any decent speed.
Reply to this comment
It is legal...
by Geminate February 13, 2008 12:38 PM PST
It is legal to run an ISP this way, but it must be clearly said/stated BEFORE taking on a new user/customer what types of internet usage may be blocked or throttled. For previous users that signed up and were not made aware of blocking or throttling, their internet experience may not be tampered with by Comcast. No Comcast you can't bury your intentions in the 'fine print' you must state in big bold letters before a users signs up that your service practices blocking and throttling of P2P and other particular types of internet activity. In reality there is no such thing as 'excessive traffic'. What Comcast considers excessive other ISP's consider normal. The world is moving toward faster and constant internet connections, most ISP are already accommodating this usage. There is no stopping P2P usage, especially with common Television now available on the Internet. Comcast - you are either in or out, with us or against us; make a choice, stand by it, or get out of the way and let 'real' service providers provide real services.
Reply to this comment
Just block excessive charges on the bill
by playfla February 13, 2008 12:40 PM PST
The comment on upload speed touches on the real meaning of the statement. When people are actually communicating then its counter to the popular strategy of feeding everything down a big pipe TO you, not FROM you. In line with old school norms, they think of your connection more as an antenna and less of a transmitter. After all, how could Joe Customer ever have anything of interest on his computer? Over.
Reply to this comment
Oh Contraire! Comcast LIES
by awardblvr February 13, 2008 1:07 PM PST
I have had Comcast chhoke down, legitimate, good, NON-PEER2PEER traffic. It was UGLY and this was on a Comcast Business Account. See my web-page explanation:

http://www.fairhavenbiblechapel.org/MacDonaldtechResults.html

-Andrew
Reply to this comment
PIN numbers do not clog your bandwidth
by olivenri February 13, 2008 1:19 PM PST
COMCAST has always had this practice of blocking PIN-based products e-mailed to customers (which, by the way, is neither text- nor graphics-intensive) for this same arbitrary yet twisted reasoning. What would CNET and millions of other reputable sites do if COMCAST blocks their confirmation e-mails for customer sign-ups? Just wondering...
Reply to this comment
PIN-based products?
by funchords February 13, 2008 1:47 PM PST
Can you say more about this? I don't understand what you are talking about...
View reply
Real Network Needed
by iamafractal February 13, 2008 1:33 PM PST
Corporate network throttling is a case in point for total net neutrality, and beyond that, serious government R&D and deployment of a real information infrastructure. how come we still don't have fiber to the home in this day and age? phone companies got permission to charge users $250B more on phone bills starting in the early 90's. they took the money and didn't run fiber to every home.

we need a community owned public network like the internet was originally supposed to be. with no servers in the network. just dumb fiber and optical switches. any intelligence would be on the periphery.

we need a mesh network that is free from control and surveillance, and has the potential to go as fast as we can make it go.

this kind of corporate behavior is a perfect demonstration why we need democrats in the white house so that we can regain our status in this country as having the best internet. we invented it after all. these cable companies are keeping us at speeds from 15-20 years ago. we should be seeing multi-gigabit upload speeds by now, and they're bottlenecking us.

i don't say to stop them. i just say build the internet II with multi-gigabit upload/download speeds for everybody, and if the cable companies want to compete, fine. let them. we should make them work for all that free public right of way they get to use to network us.

oh and by the way, if a road paving company came and told me they'd be searching my car every single time i drove, i'd be pissed about that too. they have no right even looking at what kind of packets we send/receive.
Reply to this comment
What
by wright207 February 14, 2008 1:49 PM PST
so all the traffic that flows through the internet and every comuter in the world is presented as 0's and 1's 010001011100110. there is a wonderful thing called the OSI model,, 7 layers. do a google search on it...

anyway.. turning the argument to the president is foolish. and your car...yes the police look at it every time you drive by them... same as a router looks at every packet that flows through it...

of course I am sure you have an invisible cr in your garage.

I bet your local community college offers some classses to understand computers and how the internet works or does not work
Analogy doesn't make sense
by RantingRanter February 13, 2008 2:00 PM PST
Roads are built for use by virtually anyone by the state and the government. Sure we get taxed, but guess what every taxpaying citizen is contributing. Commcast is charging a fee for a service and if they can't provide the service they should be forced to fess up and give back money.

I find it funny no real times are mentioned for peak time. This in itself allows for them to block at any time they feel its peak time and the usage excessive.

While I don't have Commcast, I think businesses like them should realize that shading anything like this is just wrong. I feel Commcast is too excessive and I want to throttle them.

Commcast should improve its network or give realistic specifications for how it can be really used.
Reply to this comment
the internet is like roads.
by iamafractal February 13, 2008 3:22 PM PST
It's not just an analogy.

Comcast, as well as other isps, utilizes public land to lay cables. they have no place telling us what we can do on these public lands. its as much OUR network as it is THEIRS.. much more so, really. they merely lay some wires and put in a few servers, then charge us and control us for that.

they have been bequeathed for one reason or another with the free ride that comes along with the ability to charge a profit for the use of our lands by laying those cables.

it never should have been like that. and if it always HAD been like that, we never would have gotten to have an internet in the first place.

the only reason that the internet even exists is that the government opened up a publicly funded network, the arpanet, to commercial use. you can thank al gore and his 1987 high performance computing act for that.

horrible legislation such as the 1996 and 2000 telecommunications laws have severely hurt public development and deployment of internet technology, and slowly but surely, the large corporate isps have been taking over the responsibility and biting off pieces of our network. unfortunately since all they care about is profit, as opposed to innovation, we now lag behind the rest of the world in internet technology.

how can these isps, for example, even speak of bandwidth problems when historically fiber optic bandwidth capability has been doubling more than once every 18 months? by now, we all should easily be able to be in the multi-hundred gigabit range, or higher.

what is stopping us is these monopolies. we need to take our network back. we need to upgrade it, develop it, and all profit from its enhanced power.
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