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Thread: FCC had no right to sanction Comcast for P2P blocking

  1. #1

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    FCC had no right to sanction Comcast for P2P blocking

    The Internet Policy Statement was not a rule; instead, it was a set of guidelines, and even the statement admitted that the principles weren't legally enforceable. To sanction Comcast, the FCC relied on its "ancillary" jurisdiction to implement the authority that Congress gave it—but was this kind of network management ruling really within the FCC's remit?

    The court held that it wasn't, that Congress had never given the agency the authority necessary to do this, and that the entire proceeding was illegitimate. The FCC's "Order" against Comcast is therefore vacated; Comcast wins.
    *sigh*

    Comcast pledged some time ago to change the way it handled traffic management, and it has already transitioned to a protocol-agnostic approach to congestion.
    Hopefully it stays this way, I remember when Comcast was making seeding impossible, but downloading was no problem. Just another reason for leecher mods but still sucks nonetheless when you want to upload something on torrents.

    Court: FCC had no right to sanction Comcast for P2P blocking

    http://pacer.cadc.uscourts.gov/commo...91-1238302.pdf Full reading.
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    Moderator anon's Avatar
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    I was going to comment on this when I was at the cafe, but the thread got lost among my tabs and I eventually ran out of prepaid time.

    Comcast pledged some time ago to change the way it handled traffic management, and it has already transitioned to a protocol-agnostic approach to congestion.
    Other ISPs have done that as well. "Shape everything that uses a lot of bandwidth" would be a more realistic name.

    Should they decide to go back to good old Sandvine, it's clear that being unable to seed to non-Comcast subscribers really sucks, specially when you don't know anything about cheating and have to keep a ratio. It was possible to bypass that by ignoring the RST TCP flag, but both hosts had to do that in order for the measure to be effective. Here's the link if you want to have a look:
    windows (wakarimasu)

    At least uTP can overcome both torrenting deterrents, but ideally they shouldn't be there in the first place.

    Also, the mention of Comcast's name reminds me of a doubt regarding traffic caps I've had but forgot about - will post it in the C,I&N section now.
    "I just remembered something that happened a long time ago."
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