Comcast and the fight against Net Neutrality

Comcast and the fight against Net Neutrality

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Comcast and the fight against Net Neutrality Bill Horne 02-29-2008
Posted by Bill Horne on February 29, 2008, 10:32 am
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The Comcast Corporation, faced with criticism of it's port-blocking
practice, appears to have "packed" a public hearing conducted by the
Federal Communications Commission at Boston. According to an advocacy
group, Comcast paid "seat warmers" to take up all available spaces and
exclude complainants from the hearing.

Details are at
http://www.savetheinternet.com/blog/2008/02/25/comcast-blocking-first-the-internet-now-the-public/

This is very serious business, and I urge those readers who reside in
the United States to make their voices heard. Comcast is a
media-distribution company: their business model is that they are paid
to gateway electronic media on its way from providers to their
customers, and Comcast appears to feel that they are entitled to block
traffic they're not being paid extra to allow on their network, no
matter what its origin or ownership may be.

I don't often get involved in political debates, and I usually
discourage them in the Digest, but this is about the very heart of the
Internet - the concept of Net Neutrality. The Internet's "pipe and ping"
providers, Comcast among them, should be held to a "bits are bits"
standard, and prohibited from discriminating against either any *type*
of traffic or any *author* of traffic. Make no mistake: the
conglomerates that provide the pipes are trying to put in electronic
toll gates that they can close or open or squeeze slowly shut at their
whim, with the aim of turning the Internet (a system whose design was
paid for by U.S. taxpayers, BTW) into a tightly controlled distribution
network where all content is approved by - and a tithe paid to - Comcast
and its friends.

The news media have already proven that Comcast has been choking traffic
created by BitTorrent, which can be used to download movies but can also
be used to download the latest version of Linux. In addition, Comcast
has been selectively enforcing a "no servers" clause in its user
agreement, blocking traffic bound for web sites (like the one I run for
my son's Boy Scout troop) and email servers (like to one I run to
provide me with "throwaway" email addresses that dilute the value of
Comcast's email lists), according to an algorithm that Comcast denies
exists. Those who complain (I'm one) see the problem disappear for a few
days, and then it returns without notice, without warning, and without
explanation.

Lest we forget - Comcast is a CLEC! VoIP traffic on Comcast's cable
Internet access system is a _DIRECT_ competitor to Comcast's own "out of
band" VoIP offering (which "service", by the way, is execrable: I
recommend you avoid it like the plague) and also a _DIRECT_ competitor
to the Baby Bell's traditional circuit-switched telephone services.
Comcast's Internet connections are often provided via pipes that Comcast
leases from Ma Bell - need I say more?

Even if the VoIP question goes unanswered, Comcast still has a vested
interest in preventing competition to its primary source of income,
which is the movement of content provided by the entertainment industry.
After all, they must pay royalties to the movie studios, and thus to the
media conglomerates who have been making a very easy living sitting atop
the choke point in the old-world entertainment business, which is the
manufacture and distribution of records, CDs, and DVDs.

Do not be misled by claims of "piracy": Comcast and its cronies want the
public to believe that these blocks are necessary to prevent theft of
copyrighted content. It's a red herring: copying has _always_ been a
marginal cost to the entertainment industry, and it has noting to do
with the Net Neutrality debate. What the cokeheads in California are
*REALLY* afraid of is that the artists, performers, and authors now
coming up in the old system will have a collective attack of common
sense, and will realize that they can distribute _their_ work directly
to _their_ audience, without paying Sony or Buena Vista or Comcast for
the privilege.

The younger generation of singers and songwriters - and even movie
directors - are realizing that getting one person in ten to pay you for
a download from _your_ website is a lot more profitable than getting one
dollar out of a hundred from Hollywood. (1) Comcast and its peers (pun
intended) are seeking to have "copyright protection" serve as a stalking
horse for their real agenda , which is putting their choke hold around
the net. This is a debate where nobody should be neutral.

YMMV.

Bill Horne, as an individual

1. Even the most successful and well known of entertainment franchises
gets only 50% of the money received from sales of its product under the
existing system: Mick Jagger of the Rolling Stones once bragged that
their record deal was finally at the point where "If you make a dollar,
_I_ make a dollar", stated (correctly) that "That's the way it should
be, because they have no risk".

Copyright (C) 2008, E. William Horne. All Rights Reserved.

(Remove QRM from my address for direct replies.)

Spring Sale Save 20% Banner - Sale Ended 5/3/07 So Updated to NonPromo Ad
Posted by DTC on February 29, 2008, 8:26 pm
If you were  Registered and logged in, you could reply and use other advanced thread options
As a WSIP owner, here's my input...

Bill Horne wrote:
> The Comcast Corporation, faced with criticism of it's port-blocking
> practice,

More specifically its being criticized for offering unlimited service
and then turn around and limit it.

Any criticism about port-blocking or or bandwidth capping is a dead end.

[The excuses usually sound like these]

* "If providers can't provide they bandwidth, they need to increase
their backbone connection" - That may not be possible. go find
another provider.

* "I pay for internet service and I should be able to do anything I
want" - Not of the TOS prohibits it. Go find another provider.

* "What you're doing is illegal" - Says who? Go find another provider.

> Comcast appears to feel that they are entitled to block traffic
> they're not being paid extra to allow on their network, no matter
> what its origin or ownership may be.

We block all bandwidth intensive use. If you have a compelling reason,
say downloading a Linux distro, we can open ports for you on a case by
case basis. If you feel you need more bandwidth, we can provide you with
your own dedicated 10 Mbps link for $200 a month and $1,000 equipment
and installation fee.

We don't "feel" entitled to block traffic, we ARE entitled. Its OUR
service, if you don't like it, you shouldn't have signed up without
reading our TOS.

> In addition, Comcast has been selectively enforcing a "no servers"
> clause in its user agreement, blocking traffic bound for web sites.

If the agreement says no personal servers, then you can't run them.
We do allow some server application, selectively...but we charge more
per month.


Posted by Rick Merrill on March 1, 2008, 3:06 pm
If you were  Registered and logged in, you could reply and use other advanced thread options
Bill Horne wrote:
> The Comcast Corporation, faced with criticism of it's port-blocking
> practice, appears to have "packed" a public hearing conducted by the
> Federal Communications Commission at Boston. According to an advocacy
> group, Comcast paid "seat warmers" to take up all available spaces and
> exclude complainants from the hearing.

THAT was not democratic behavior and Comcast will be bashed rightly
for that.

> This is very serious business, and I urge those readers who reside in
> the United States to make their voices heard. Comcast is a
> media-distribution company: their business model is that they are paid
> to gateway electronic media on its way from providers to their
> customers, and Comcast appears to feel that they are entitled to block
> traffic they're not being paid extra to allow on their network, no
> matter what its origin or ownership may be.

I, a Comcast customer, support the idea of limiting the abuse of the
bandwidth simply because I use part of that bandwidth. At the moment
this is the only way to have a remotely "Fair" distribution.

As an analogy, London now charges a toll on vehicles entering the
city core. This practice will spread.

> I don't often get involved in political debates, and I usually
> discourage them in the Digest, but this is about the very heart of the
> Internet - the concept of Net Neutrality. The Internet's "pipe and ping"
> providers, Comcast among them, should be held to a "bits are bits"
> standard, and prohibited from discriminating against either any *type*
> of traffic or any *author* of traffic. Make no mistake: the
> conglomerates that provide the pipes are trying to put in electronic
> toll gates that they can close or open or squeeze slowly shut at their
> whim, with the aim of turning the Internet (a system whose design was
> paid for by U.S. taxpayers, BTW) into a tightly controlled distribution
> network where all content is approved by - and a tithe paid to - Comcast
> and its friends.

Net Neutrality sounds simple AND democratic. But it is not as simple
as it would appear. The Backbone should be net neutral, but the last
mile should be subject to bandwidth restrictions. I suspect there
are some gray areas in between.

> The news media have already proven that Comcast has been choking traffic
> created by BitTorrent, which can be used to download movies but can also
> be used to download the latest version of Linux. In addition, Comcast
> has been selectively enforcing a "no servers" clause in its user
> agreement, blocking traffic bound for web sites (like the one I run for
> my son's Boy Scout troop) and email servers (like to one I run to
> provide me with "throwaway" email addresses that dilute the value of
> Comcast's email lists), according to an algorithm that Comcast denies
> exists. Those who complain (I'm one) see the problem disappear for a few
> days, and then it returns without notice, without warning, and without
> explanation.

This rant sounds a tad paranoid to me.

> Lest we forget - Comcast is a CLEC! VoIP traffic on Comcast's cable
> Internet access system is a _DIRECT_ competitor to Comcast's own "out of
> band" VoIP offering (which "service", by the way, is execrable: I
> recommend you avoid it like the plague) and also a _DIRECT_ competitor
> to the Baby Bell's traditional circuit-switched telephone services.
> Comcast's Internet connections are often provided via pipes that Comcast
> leases from Ma Bell - need I say more?

I use CallVantage and have used the [old] Comcast phone service. There
was a LOT OF GRIEF switching!

> ...Comcast still has a vested
> interest in preventing competition to its primary source of income,
> which is the movement of content provided by the entertainment industry.
> After all, they must pay royalties to the movie studios, and thus to the
> media conglomerates who have been making a very easy living sitting atop
> the choke point in the old-world entertainment business, which is the
> manufacture and distribution of records, CDs, and DVDs.

Very True - too bad the anti-trust laws have been circular filed!

> Do not be misled by claims of "piracy": Comcast and its cronies want the
> public to believe that these blocks are necessary to prevent theft of
> copyrighted content. It's a red herring: copying has _always_ been a
> marginal cost to the entertainment industry, and it has noting to do
> with the Net Neutrality debate. What the cokeheads in California are
> *REALLY* afraid of is that the artists, performers, and authors now
> coming up in the old system will have a collective attack of common
> sense, and will realize that they can distribute _their_ work directly
> to _their_ audience, without paying Sony or Buena Vista or Comcast for
> the privilege.

You are right again: it is a red herring.

> The younger generation of singers and songwriters - and even movie
> directors - are realizing that getting one person in ten to pay you for
> a download from _your_ website is a lot more profitable than getting one
> dollar out of a hundred from Hollywood. (1) Comcast and its peers (pun
> intended) are seeking to have "copyright protection" serve as a stalking
> horse for their real agenda , which is putting their choke hold around
> the net. This is a debate where nobody should be neutral.

What should we do?

Rick
Merrill


Posted by Bill Horne on March 1, 2008, 6:47 pm
If you were  Registered and logged in, you could reply and use other advanced thread options
Rick Merrill wrote:
> Bill Horne wrote:
>> The Comcast Corporation, faced with criticism of it's port-blocking
>> practice, appears to have "packed" a public hearing conducted by the
>> Federal Communications Commission at Boston. According to an advocacy
>> group, Comcast paid "seat warmers" to take up all available spaces and
>> exclude complainants from the hearing.
>
> THAT was not democratic behavior and Comcast will be bashed rightly
> for that.

Actually, it _is_ Democratic behavior: packing public meetings, voting
"on the view", and similar skulduggery are as old as the hills. It's the
blatant use of this old tactic in an electronic age that scares me:
Comcast is either _very_ desperate or _very_ arrogant, or both, to
pull a trick that is so obvious and so easily documented.

>> This is very serious business, and I urge those readers who reside in
>> the United States to make their voices heard. Comcast is a
>> media-distribution company: their business model is that they are paid
>> to gateway electronic media on its way from providers to their
>> customers, and Comcast appears to feel that they are entitled to block
>> traffic they're not being paid extra to allow on their network, no
>> matter what its origin or ownership may be.
>
> I, a Comcast customer, support the idea of limiting the abuse of the
> bandwidth simply because I use part of that bandwidth. At the moment
> this is the only way to have a remotely "Fair" distribution.
>

Whoa! Stop!! Misconception alert!!!

NOBODY is saying that abuse of bandwidth should be tolerated. NOBODY is
claiming that Comcast or any other ISP doesn't have a right to manage
their network.

_If_ I, as a (thankfully former) Comcast subscriber, deprive other users
of the service they pay for because I'm doing a BitTorrent download of
Ubuntu HardyHeron during the Monday morning email rush hour, then
Comcast is entitled to throttle or cut off my access until such time as
it can take place without interfering with others. I was a network
manager at a small ISP, and I know how hard it is to deal with bandwidth
hogs. THIS IS NOT ABOUT THAT.

What Network Neutrality is about is requiring Comcast, which enjoys
common-carrier protections against being sued for the actions of its
users, from SELECTIVELY throttling traffic based on non-technical
criteria. If my HardyHeron download is cut off because I'm hogging the
bandwidth others need, that's tough for me - but if it's cut off because
Comcast has a secret agreement with Microsoft to discourage the use of
open-source software, then I'm entitled to judicial relief.

> As an analogy, London now charges a toll on vehicles entering the
> city core. This practice will spread.

As well it should: governments have an obligation to protect their
citizens from each other's folly, and discouraging people from driving
to a crowded city center is a legitimate government duty. However, the
analogy changes when the reason for the restriction is based on
something other than openly debated public policy: how would you like
being charged a toll based on which dealer sold you the car or which
store you intend to visit - or which suburb you live in?

>> I don't often get involved in political debates, and I usually
>> discourage them in the Digest, but this is about the very heart of the
>> Internet - the concept of Net Neutrality. The Internet's "pipe and
>> ping" providers, Comcast among them, should be held to a "bits are
>> bits" standard, and prohibited from discriminating against either any
>> *type* of traffic or any *author* of traffic. Make no mistake: the
>> conglomerates that provide the pipes are trying to put in electronic
>> toll gates that they can close or open or squeeze slowly shut at their
>> whim, with the aim of turning the Internet (a system whose design was
>> paid for by U.S. taxpayers, BTW) into a tightly controlled
>> distribution network where all content is approved by - and a tithe
>> paid to - Comcast and its friends.
>
> Net Neutrality sounds simple AND democratic. But it is not as simple
> as it would appear. The Backbone should be net neutral, but the last
> mile should be subject to bandwidth restrictions. I suspect there
> are some gray areas in between.

The last mile _is_ subject to bandwidth restrictions: they're called
"the laws of physics". Nobody is demanding that any one customer get
preferential treatment: Net Neutrality says exactly that. If I'm
downloading a song from itunes, I should have no more _and_ no less
bandwidth than the guy across the street who's downloading a song from
Napster, because Napster should be prohibited from paying Comcast to
give their downloads priority!

>> The news media have already proven that Comcast has been choking
>> traffic created by BitTorrent, which can be used to download movies
>> but can also be used to download the latest version of Linux. In
>> addition, Comcast has been selectively enforcing a "no servers" clause
>> in its user agreement, blocking traffic bound for web sites (like the
>> one I run for my son's Boy Scout troop) and email servers (like to one
>> I run to provide me with "throwaway" email addresses that dilute the
>> value of Comcast's email lists), according to an algorithm that
>> Comcast denies exists. Those who complain (I'm one) see the problem
>> disappear for a few days, and then it returns without notice, without
>> warning, and without explanation.
>
> This rant sounds a tad paranoid to me.

Who was it that said "Even paranoids have enemies"? I wasn't making that
up: the Electronic Frontier Foundation and other watchdogs confirmed
that it's going on: see http://tinyurl.com/2g3aeo for details. Moreover,
members (I'm one) of the Boston Linux & Unix Group have also confirmed
selective port blockages.

>
>> Lest we forget - Comcast is a CLEC! VoIP traffic on Comcast's cable
>> Internet access system is a _DIRECT_ competitor to Comcast's own "out
>> of band" VoIP offering (which "service", by the way, is execrable: I
>> recommend you avoid it like the plague) and also a _DIRECT_ competitor
>> to the Baby Bell's traditional circuit-switched telephone services.
>> Comcast's Internet connections are often provided via pipes that
>> Comcast leases from Ma Bell - need I say more?
>
> I use CallVantage and have used the [old] Comcast phone service. There
> was a LOT OF GRIEF switching!
>
>> ...Comcast still has a vested interest in preventing competition to
>> its primary source of income, which is the movement of content
>> provided by the entertainment industry. After all, they must pay
>> royalties to the movie studios, and thus to the media conglomerates
>> who have been making a very easy living sitting atop the choke point
>> in the old-world entertainment business, which is the manufacture and
>> distribution of records, CDs, and DVDs.
>
> Very True - too bad the anti-trust laws have been circular filed!
>
>> Do not be misled by claims of "piracy": Comcast and its cronies want
>> the public to believe that these blocks are necessary to prevent
>> theft of copyrighted content. It's a red herring: copying has _always_
>> been a marginal cost to the entertainment industry, and it has noting
>> to do with the Net Neutrality debate. What the cokeheads in California
>> are *REALLY* afraid of is that the artists, performers, and authors
>> now coming up in the old system will have a collective attack of
>> common sense, and will realize that they can distribute _their_ work
>> directly to _their_ audience, without paying Sony or Buena Vista or
>> Comcast for the privilege.
>
> You are right again: it is a red herring.
>
>> The younger generation of singers and songwriters - and even movie
>> directors - are realizing that getting one person in ten to pay you
>> for a download from _your_ website is a lot more profitable than
>> getting one dollar out of a hundred from Hollywood. (1) Comcast and
>> its peers (pun intended) are seeking to have "copyright protection"
>> serve as a stalking horse for their real agenda , which is putting
>> their choke hold around the net. This is a debate where nobody should
>> be neutral.
>
> What should we do?

Glad you asked! Here's my idea:

1. Get Mad.
2. Get Together.
3. Demand that the FCC _and_ the Congress address the issue
in open public forums. Either Comcast is a common carrier
or it's not: there can't be any gray area or hidden agenda.

Thanks for taking time to write.

--
Bill Horne
Temporary Moderator
Telecom Digest

(When sending a post to the digest, please put "[Telecom]"
{without the quotes but _with_ the brackets} in your subject
line, or I may never see your mail. Thanks!)

(Remove QRM from my address for direct replies.)

Posted by AES on March 1, 2008, 7:38 pm
If you were  Registered and logged in, you could reply and use other advanced thread options

>
> Net Neutrality sounds simple AND democratic. But it is not as simple
> as it would appear. The Backbone should be net neutral, but the last
> mile should be subject to bandwidth restrictions. I suspect there
> are some gray areas in between.
>

Would you agree, however, that these last mile bandwidth restrictions
should be _totally content neutral_?

That is, whoever is selling you this last mile bandwidth may limit the
total number of bits per second or per day or per month they send you.

(Preferably telling you in advance what those limits will be, and how
they will be applied.)

But, they should never exercise any discrimination over which particular
bits they send you, or how rapidly they send any particular bits, based
on what the bits contain, where they're going, or where they came from.

(Unless, of course, _you_ have specifically instructed them to block
certain bits or certain sources, e.g. as in spam filters or the like.)

Agreement on this?


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