Written by Janko Roettgers
Posted Sunday, February 10, 2008 at 12:00 AM PT

 

Road Runner, Charter and Cox TOS Also Include Anti-P2P Provisions

Comcast, which underwent heavy criticism last year for blocking file-sharing services like BitTorrent, has reportedly been caught quietly changing its Terms of Service. Although Comcast has denied that they interfere with P2P, even in light of mounting evidence of the contrary, the new TOS notably acknowledges the use of “reasonable network management practices that are consistent with industry standards.”

“Industry standards.” A phrase like that kind of makes you wonder what other ISPs are doing, doesn’t it? We examined the Terms of Service of several of Comcast’s biggest competitors and found that provisions allowing interference with P2P traffic seems to be a standard part of ISPs’ legal boilerplate these days. And unlike Comcast, the competition is not shy about describing exactly what they want to do to stop P2P on their networks.

Comcast has been in the spotlight since reports about its interference with BitTorrent traffic first surfaced last summer. The company keeps denying any wrongdoing, but multiple tests have shown that they are in fact messing with their subscribers’ BitTorrent traffic. Other ISPs have been a little more forthcoming about the subject all along.

Fellow cable ISP Cox, for example, has made no secret of the fact that it’s blocking P2P traffic as well, so we weren’t too surprised to find this abstract in the company’s Subscriber Agreement: “Cox reserves the right to manage its network for the greatest benefit of the greatest number of subscribers including, without limitation, the following: rate limiting, rejection or removal of “spam” or otherwise unsolicited bulk email, anti-virus mechanisms, traffic prioritization, and protocol filtering.” And no, this is not just about commercial spammers, but about interfering with your day-to-day use: “You expressly accept that such action on the part of Cox may affect the performance of the Service.”

Time Warner subsidiary Road Runner, on the other hand, hasn’t been found to be messing with BitTorent traffic yet, but it seems to be considering this option, judging by its Acceptable Use Policy: “Operator may use various tools and techniques in order to efficiently manage its networks and to ensure compliance with this Acceptable Use Policy (“Network Management Tools”). These may include detecting malicious traffic patterns and preventing the distribution of viruses or other malicious code, limiting the number of peer-to-peer sessions a user can conduct at the same time, limiting the aggregate bandwidth available for certain usage protocols such as peer-to-peer and newsgroups and such other Network Management Tools as Operator may from time to time determine appropriate.”

Road Runner must use the same law offices as fellow ISP Charter, whose Acceptable Use Policy is virtual identical, including the option of “limiting the number of peer-to-peer sessions” and “the aggregate bandwidth available for certain usage protocols such as peer-to-peer.” Charter did however update its policies recently, adding a very telling sentence: “Charter may employ traffic-management technology, including but not limited to packet-reset technology, which technology may materially slow the uploading of certain files.”

This “packet-reset technology” mentioned by Charter is exactly the man-in-the-middle attack Comcast has been using to disrupt BitTorrent: Devices used by the ISP pretend to be the actual user and send a reset message to the BitTorrent clients of fellow file sharers, canceling uploads and thereby considerably slowing down download speeds. Comcast is reportedly using equipment from Sandvine to do this, and Sandive has been claiming that that “eight of the Top 20 broadband service providers in the U.S. are Sandvine customers”, as Om reported earlier.

To be fair: It’s not certain whether Charter actually makes use of these techniques, but the mere fact that virtually all major U.S. cable ISPs reserve the right to interfere with their users’ access to services like Vuze, Pando and BitTorrent.com could give the net neutrality debate new urgency.

 

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Comments & Trackbacks

  1. [...] rivalry is not unsure most describing just what they poverty to do to kibosh P2P on their networks. Continue datum at Newteevee.com. Tags: netneutrality, charter, cox, comcast, roadrunner, p2p, [...]

    Road Runner, Charter and Cox TOS Also Include Anti-P2P Provisions | Fresh Web 2.0 News on February 10th, 2008 at 6:34 am - Permalink
  2. I can vouch for charter’s P2P blocking. During this past December I received an upgrade in my service from 3M/256k to 5M/512k. Immediately after this upgrade, I observed how “the aggregate bandwidth available for certain usage protocols such as peer-to-peer.” means there will be less and less bandwidth for my bittorrent. I had with my previous service the ability to upload at 29KB/s. With the upgrade I have yet to be able to upload more than 15KB/s and for the last 3 weeks it hasn’t been more than 0.5KB/s. These observations are strictly based on the bittorrent protocol. Other protocols, especially new and experimental ones (such as Wua.la), have so far been unaffected.

    Anonymous Customer on February 10th, 2008 at 9:15 am - Permalink
  3. [...] NewTeeVee: RoadRunner, Charter & Cox… all have anti-p2p provisions in their TOC. [...]

    GigaNET: Weekend Edition - GigaOM on February 10th, 2008 at 7:08 pm - Permalink
  4. [...] you are a BitTorrent-loving downloading machine, Comcast’s broadband service is good enough. Today it got a [...]

    Comcast Boosts Broadband Speeds in Bay Area to 16 Mbps - GigaOM on February 11th, 2008 at 6:50 am - Permalink
  5. [...] NewTeeVee: RoadRunner, Charter & Cox… all have anti-p2p provisions in their TOC. [...]

    Desk sites » Blog Archive » GigaNET: Weekend Edition on February 11th, 2008 at 7:58 am - Permalink
  6. I can verify that even though ‘traffic prioritization and protocol filtering’ is indeed in Cox’s TOS (as well as quota limiting), they DO NOT actually employ such methods. I can torrent and use edonkey, etc without enabling encryption just fine.

    ian on February 11th, 2008 at 1:54 pm - Permalink
  7. [...] davidgward wrote an interesting post today onHere’s a quick excerptWe examined the Terms of Service of several of Comcast’s biggest competitors and found that provisions allowing interference with P2P traffic seems to be a standard part of ISPs’ legal boilerplate these days. And unlike Comcast … [...]

    Comcast News » Blog Archive » Road Runner, Charter and Cox TOS Also Include Anti-P2P Provisions on February 11th, 2008 at 9:26 pm - Permalink

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