Tales of the Sausage Factory:
The Comcast Bandwidth Cap — Blame Florida (and lack of competition and refusal to upgrade).

As all the world knows by now (the world that follows this anyway) Comcast has imposed a new bandwidth cap, limiting downloads to 250 GB/Month. Unsurprisingly, some folks blame the FCC’s recent decision on prohibiting Comcast from blocking BitTorrent and other p2p applications as pushing Comcast to make this change, although Comcast itself has repeatedly stressed that it was not compelled to do this and planned to do this anyway so no biggie.

What the world did not know, but I thank PK’s Art Brodsky for finding, is that Comcast agreed to clarify its cap as part of a settlement with the Florida Attorney General’s office. As some of us have observed for awhile now, Comcast long had a policy of cutting off “bandwidth hogs” for exceeding a capacity cap while refusing to say what the actual capacity cap was. Well, on July 29, Comcast agreed to make clear their capacity cap and pay $150K in fines.

I highly recommend reading the full terms of the settlement — particularly the factual background which Comcast has agreed is true (without, of course, admitting wrongdoing). Of greatest import, until it announced the 250 GB/month cap, Comcast did not have an actual hard and fast cap. Rather, according to Paragraph 5 of the factual stipulations, Comcast simply knocked off the highest 1000 users regardless of their actual bandwidth usage or geographic location. Comcast is almost certainly telling the truth when it says the highest 1000 users were atypically intense bandwidth consumers. duh. Of course the top 1000 out of 14.4 million will be at the high end of the curve.

No, the more interesting question is what the hell kind of a system is it where Comcast simply goes after the top 1000 users no matter how much they actually use, and why Comcast would adopt such a policy if it wants to reasonably manage network congestion? It seems rather . . . inefficient and arbitrary. Unless, of course, one is trying to save money running a crappy network and generally discourage high-bandwidth use.

Apparently, the Florida Attorney General also thought a policy that simply shut off the top 1000 users every month regardless of actual use or congestion did not meet proper standards of consumer protection or “reasonable network management.” The settlement requires Comcast to state clearly what it means by “excessive use of capacity” in its acceptable use policy (AUP). That’s it (as well as paying $50K for attorneys fees and other associated expenses to the AG for bring this action). Comcast has total discretion to set a limit or have a limit or change a limit, as long as there is (a) an actual fixed limit, and (b) Comcast clearly communicates to its subscribers what that limit actually is. This is in line with the settlement reached last year between Verizon Wireless and the NY AG’s office that Verizon would no longer advertise its wireless internet access package as “unlimited” but would provide a hard monthly cap.

Which explains why Comcast is not going around telling the world that it adopted bandwidth caps because of the big bad awful FCC and their wicked regulatory ways. They didn’t. Rather, Comcast was using an even more ridiculous bandwidth cap the entire time, and they were required as a matter of consumer protection law in Florida to actually come clean with a real number so customers can find out what they are paying for and get full value for their monthly subscriber fee. It seems Comcast has sense enough not to play those kinds of games on something so easily verifiable. Good for them. Nice to see they learn from experience.

Stay tuned . . . .

Tales of the Sausage Factory:
If I Love The FCC's Comcast-BitTorrent Order So Much, Why Did I Appeal It?

So last Friday, Media Access Project filed 3 Petitions for Review asking the federal courts to order the FCC to order Comcast to stop blocking p-2-p immediately. None of this wait until the end of the year crap. We filed on behalf of Vuze.com (in the Ninth Circuit), Consumers Union (Second Circuit), and PennPirg (a member of Consumer Federation of America) (Third Circuit).

Comcast, for its part, filed in the D.C. Circuit. I have not heard of any other filings, but it is possible.

More details, and what comes next, below . . .

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Tales of the Sausage Factory:
I Guess Republicans Think Community Organizing Is Funny.

Well, things were pretty depressed at the Republican convention over the last few days. But now we can begin a rollicking good time mocking the very idea that community organizing has value.

Of all the things that both Gulliani and Palin could have fixed on as a line of attack, the idea of community organizing as work for pussies is not what I would have expected, and Lord knows my expectations after Swift Boat Veterans for Truth are prety low. But what amazed me was how many folks on the floor of the RNC Convention actually laughed and whooped it up at the very mention of being a community organizer, before even getting to the supposed punchline about how it doesn’t give you any “real” experience.

Hee hee hee. Those whacky Democrats! They think that if someone goes out into a local poverty striken neighborhood, inspires people to believe that participating in the political process can change things and make their lives better, gets wildly diverse and often fractious interest groups focusing on a common goal, against industry interests backed by an entrenched political power structure, all on a shoe-string budget is something that matters! Ha ha ha! What a ma-roon! What a joke! People matter? They can make a difference? And inspiring them and organizing them to believe that qualifies you for something other than a beating by the cops? What a joke!

Voters who think they want to have beer with these people better think again. They will be happy to pat you on the head and drink your beer — especially if they can stick you with the tab. But if you would like people who actually give a crap about your lives, you’re coming to the wrong store.

As for community organizing, we actually have another name for it over here. We call it “voter registration.”

Laugh away chuckles. See you in Novemember when the rabble turn out to vote.

Stay tuned . . . .

Inventing the Future:
What's a Server?

I was taught that science is all about managing complexity by creating abstractions over different domains. A common layman’s mistake is to anecdotally observe or hear that something is true at some level, somewhere, and assume that this fact or definition applies throughout every discussion. For example:
One hears that computers are “programmed in binary,” or that they “understand binary,” but in fact, programmers don’t write in binary. Programmers work at a higher level of abstraction than binary encoding.
One hears that computers use “digital circuits,” that are simply “on” or “off”, but in fact, the physics of each electronic component is continuously variable. Device physics is at a lower level of abstraction than digital electronics.

So, what’s a server and what is peer-to-peer? It depends on what ‘s being discussed?

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Inventing the Future:
Computer-Generated News

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I’m old enough to vaguely remember Walter Cronkite forty years ago showing us hand painted “NASA Simulation” video of the Apollo spacecraft maneuvering in space. There simply was no way to position a news camera outside the Lunar and Command Modules to get the shot.

Now we have computer generated movies and commercials. I’ve seen computer simulations of plane crashes and of presidential candidates. But yesterday morning was the first time I’d seen computer-generated pictures of human participants in breaking news. I’m not sure I approve of the concept altogether, but given it’s existence I do like the editorial decision to render the named humans in untextured solid red.

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Tales of the Sausage Factory:
Rarely Do I Catch The Daily Show In A Factual Error . . .

So I will crow over this silly little mistake. The normally excellent Indecision2008 Blog has misidentified Senator Ben Cardin as the Senator from Maine in this blog post. He is, in fact, the Senator from Maryland.

This is important since Susan Collins and Olympia Snowe, the Senators from Maine, (a) are women, (b) are Republicans, and (c) voted in favor of the FISA “compromise,” whereas Cardin voted against it. I shall leave it as an exercise to the reader which they think is the most important difference and whether either Cardin, Collins, or Snowe should feel offended that Indecision08 got them confused. Although I do agree with the main thrust of the blog entry that Ben Cardin is not nearly as sexy as Charlize Theron no matter what state he is from or his political party.

But in any event, I do think Indecision08 should run a correction.

(I promise to do real blogging again soon, just a bit busy at the moment.)

stay tuned . . .