[Infowarrior] - Comcast Defends Role As Internet Traffic Cop

[Richard Forno]

(Remember last week they changed their ToS to reflect such traffic shaping,
and I said it was likely done to head off FCC investigations...... --rf)

Comcast Defends Role As Internet Traffic Cop

By Cecilia Kang
Washington Post Staff Writer
Wednesday, February 13, 2008; D01


http://www.washingtonpost.com/wp-dyn/content/article/2008/02/12/AR2008021202
778_pf.html

Comcast said yesterday that it purposely slows down some traffic on its
network, including some music and movie downloads, an admission that sparked
more controversy in the debate over how much control network operators
should have over the Internet.

In a filing with the Federal Communications Commission, Comcast said such
measures -- which can slow the transfer of music or video between
subscribers sharing files, for example -- are necessary to ensure better
flow of traffic over its network.

In defending its actions, Comcast stepped into one of the technology
industry's most divisive battles. Comcast argues that it should be able to
direct traffic so networks don't get clogged; consumer groups and some
Internet companies argue that the networks should not be permitted to block
or slow users' access to the Web.

Comcast's FCC filing yesterday was in response to petitions to the agency by
the consumer group Free Press and the online video provider Vuze, which
claimed that the cable company was abusing its control over its network to
impede video competition.

Separately, the FCC began an investigation of Comcast's network practices
after receiving those complaints. That review is ongoing, according to
Comcast, which said it hasn't received any specific orders based on the
complaints.

The FCC prohibits network operators from blocking applications but opens the
door to interpretation with a footnote in a policy statement that provides
for an exemption for "reasonable management."

Rep. Edward J. Markey (D-Mass.), chairman of the House Energy and Commerce
Committee's subcommittee on telecommunications and the Internet, plans to
introduce a bill today calling for an Internet policy that would prohibit
network operators from unreasonably interfering with consumers' right to
access and use content over broadband networks. The bill also calls for the
FCC to hold eight meetings around the nation to assess whether there is
enough competition among network providers and whether consumers' rights are
being upheld.

"Our goal is to ensure that the next generation of Internet innovators will
have the same opportunity, the same unfettered access to Internet content,
services and applications that fostered the developers of Yahoo, Netscape
and Google," Markey said in a written statement yesterday.

The case with Comcast illustrates the high-stakes battle between those who
argue that the Internet should remain open to all traffic, and the companies
who argue that some governance of their networks is in the best interest of
their customers.

In its comments, Comcast said network controls are necessary, especially for
heavy Web users. Specifically, the company imposes "temporary delays" of
video, music and other files shared between computers using such
technologies as BitTorrent.

Comcast compared its practices to a traffic-ramp control light that
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," the company's statement said.

Marvin Ammori, the general counsel for Free Press, said Comcast's behavior
is the second major example of an service provider overstepping its
authority in an attempt to quash competition. In March 2005, the FCC fined
Madison River Communications for blocking calls by competitor Vonage, which
provided free calls over the Internet.

Ammori said that by interfering with video transfers, Comcast is trying to
protect its television and On Demand video services.

BitTorrent said Comcast should respond by increasing bandwidth on its
networks and upgrading its systems rather than limiting how customers use
its service.

"It's like putting a Band-Aid on the problem to achieve a short-term fix,"
said Ashwin Navin, co-founder and president of San Francisco-based
BitTorrent.