Sunday, September 7, 2008

Comcast appeals FCC Web-blocking decision

Last month, the FCC determined that Comcast is violating a federal policy that guarantees unfettered access to the Internet. Now, Comcast is challenging the FCC decision in the U.S. District Court of Appeals in Washington.
The Comcast case arose from complaints by users of a type of "file-sharing" software often used to download large data files, usually video.

Tests by The Associated Press and others found that file-sharing transmissions were aborting prematurely. It was later discovered that the company was cutting off transfers without informing customers.

The FCC noted Comcast's network management practices were "discriminatory and arbitrary" and that the company's practices "contravene industry standards and have significantly impeded Internet users' ability to use applications and access content of their choice."

The agency also noted that the type of traffic Comcast is blocking has become "a competitive threat" to cable operators because it is used by people to view high-quality video that they "might otherwise watch (and pay for) on cable television."

While the FCC did not impose a fine on Comcast (unfortunately), it did require Comcast to document how it shapes network traffic, or "discriminatory network management". Meanwhile, a public interest law firm representing two consumer groups and a California company that benefits from the type of file-sharing software targeted by Comcast filed appeals in New York, Philadelphia and San Francisco. The legal challenges, filed last week, ask the court to force Comcast to cease its management practices immediately rather than by the end of the year. Let's all hope the appeals court agrees with the FCC. We really don't need our ISP's "shaping" our network traffic. This is just another attempt by the ISP's to provide as little service for as much price as possible. Network Neutrality, FTW!

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