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Corydon
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| reply to funchords
Re: MORE! MORE! MORE!
said by funchords  :Forging the RSTs is a wrongful act. After you get caught in "The Real World," you don't get to keep committing wrongful acts with impunity until you figure out what else to do. What exactly does "wrongful act" mean?
Is forging TCP RST packets illegal? Possibly, in the context of the FCC's current rules, but that's debatable (and rather unlikely, in my view). More likely, Comcast's methods are legal now, but they want to preempt any further regulation.
Is it inconvenient for some users? Definitely true, although as has been pointed out, there are a wide variety of alternatives out there to accomplish whatever task you want to accomplish (assuming that you care more about getting things done rather than particular means of accomplishing them).
In "The Real World", people do "wrongful" stuff all the time. I had someone cut me off while I was driving to work. Hell, the price I paid for the gas I used to get to work ought to be a crime. If I spent all my time throwing hissy fits on the internet over every way I was "wronged", I'd never get anything done.
Comcast has stated that the reason they started throttling P2P in the first place was to manage the network so that everyone could have a reasonably responsive experience. Now I know there are tons of conspiracy theories out there about other ulterior motives they may have, but the fact that only certain people in certain areas are getting throttled tends to make me think that network management truly is the reason for starting this in the first place.
Just "turning off" a major part of their network management without having some kind of alternate method in place really would be negligent. | |
pokesph
It Is Almost Fast
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| said by Corydon :said by funchords :Forging the RSTs is a wrongful act. After you get caught in "The Real World," you don't get to keep committing wrongful acts with impunity until you figure out what else to do. What exactly does "wrongful act" mean? Is forging TCP RST packets illegal? Possibly, in the context of the FCC's current rules, but that's debatable (and rather unlikely, in my view). More likely, Comcast's methods are legal now, but they want to preempt any further regulation. ... In some states where Comcast operates, intercepting private data communicaions is criminally illegal (same thing is applied to hackers as well)
Grabbing your packets and FORGING RST's before passing the packets on sure seems like intercepting to me... Hence they ARE breaking the law in some places. | |
Corydon
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| said by pokesph :In some states where Comcast operates, intercepting private data communicaions is criminally illegal (same thing is applied to hackers as well) Grabbing your packets and FORGING RST's before passing the packets on sure seems like intercepting to me... Hence they ARE breaking the law in some places. I'm not sure if the courts would buy your theory, after all, Comcast isn't interested in the content of your communications. Certainly I haven't heard of anyone bringing a lawsuit against them under this theory.
The outstanding class action lawsuits out there focus on breach of contract and false advertising, not intercepting private data communications. And frankly, I don't think those class action suits are going much of anywhere anyway, considering how the TOS is set up and how Comcast hasn't advertised its HSI service as "unlimited" AFAIK for at least the last few years. At best, the members of the class will get a month of service and a nifty keychain, the lawyers will get paid, and Comcast won't admit any liability.
But IANAL. You may be; if so, why aren't you pursuing this in court? | |
funchords
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| said by Corydon :I'm not sure if the courts would buy your theory, after all, Comcast isn't interested in the content of your communications. Isn't that the hacker defense for kids that break into high-profile corporate or government systems? "I wasn't trying to read anything, I just wanted to see if I could break in!"
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Robb Topolski -= funchords.com =- Hillsboro, Oregon
FCC Public Hearing on the Future of the Internet - Thursday, April 17th - Stanford Univ., Calif. | |
espaeth
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| said by funchords :Isn't that the hacker defense for kids that break into high-profile corporate or government systems? "I wasn't trying to read anything, I just wanted to see if I could break in!" Yeah, but hackers don't have nifty agreements like this:
However, Comcast and its suppliers reserve the right at any time to monitor bandwidth, usage, transmissions, and content in order to, among other things, operate the Service; identify violations of this Policy; and/or protect the network, the Service and Comcast users. | |
funchords
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| said by espaeth :said by funchords :Isn't that the hacker defense for kids that break into high-profile corporate or government systems? "I wasn't trying to read anything, I just wanted to see if I could break in!" Yeah, but hackers don't have nifty agreements like this: However, Comcast and its suppliers reserve the right at any time to monitor bandwidth, usage, transmissions, and content in order to, among other things, operate the Service; identify violations of this Policy; and/or protect the network, the Service and Comcast users. Yeah, agreed. Them clever hackers, them! :-P
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Robb Topolski -= funchords.com =- Hillsboro, Oregon
FCC Public Hearing on the Future of the Internet - Thursday, April 17th - Stanford Univ., Calif. | |
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