Let me be the first to congratulate the United States Federal
Communications Commission on its finding of guilt of Comcast for
interfering with the downloads of it's customers.
http://www.eweek.com/c/a/Government/Comcast-Guilty-of-Net-Neutrality-
Violations/
Comcast Guilty of Net Neutrality Violations
By Roy Mark
2008-08-01
FCC holds nation's second largest broadband provider broke network
neutrality principles when it throttled P2P traffic from BitTorrent.
FCC rejects Comcast contention that network throttling is part of
routine network management by broadband service providers.
In the first major test of the FCC's (Federal Communications
Commission) network neutrality principles, the agency found Comcast
guilty Aug. 1 of secretly degrading network traffic. On a 3-2 vote,
the FCC ordered Comcast to stop blocking traffic, disclose to the FCC
the full extent of the cable giant's traffic practices and to keep
the public informed of its future network management plans.
The FCC said Comcast violated the agency's Internet policy when it
blocked P2P traffic by BitTorrent. The agency also found that Comcast
misled consumers when it did not properly disclose its P2P policy.
Voting for the sanctions were Republican Chairman Kevin Martin and
Democratic Commissioners Michael Copps and Jonathan Adelstein.
Republicans Robert McDowell and Deborah Taylor Tate opposed the
measure.
"Comcast was delaying subscribers' downloads and blocking their
uploads," Martin said. "It was doing so 24/7, regardless of the
amount of congestion on the network or how small the file might be."
Martin insisted the FCC's actions are not about regulating the
Internet.
"Indeed, I have consistently opposed calls for legislation or rules
to impose network neutrality," Martin said. "Like many other policy
makers and members of Congress, I have said such legislation or rules
are unnecessary, because the Commission already has the tools it
needs to punish a bad actor."
McDowell, though, said the FCC does not have the rules in place to
enforce network neutrality. Comcast also contends its practices are
reasonable under FCC rules and even if the FCC found Comcast in
violation, the agency has no authority to enforce its network
neutrality principles. "The FCC overreaches with this order,"
McDowell said.
Copps called the vote a landmark decision for the FCC.
"Discrimination, per se, is not illegal," Copps said. "Unreasonable
discrimination, though, is."
In August 2005, the FCC declared that consumers are entitled to
access the lawful Internet content of their choice, run applications
and services of their choice and plug in and run legal devices of
their choice. The FCC also said consumers have a right to competition
among network providers, application and service providers and
content providers.
Copps called for a fifth FCC network neutrality principle.
"A clearly stated principle of non-discrimination would prove the FCC
is not having a one-night affair with network neutrality," Copps
said. "The non-discrimination principle would also apply to wireless
and wireline to assure all the freedoms of the Internet to everyone."



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