Canadian Telco’s have decided that a small number of users (10% according to some figures) are abusing the Bell Acceptable Use Policy and using too much bandwidth. These users are spoiling the Internet experience for the others who are dutifully abiding by the spirit of the policy. Technologies allowing Deep Packet Inspection are being used to throttle – or shape, which is such a better word – Internet traffic.
All the discussions on the topic that I have seen have revolved around the ethical merits of throttling, or the violation of contractual agreements, or privacy rights infringed. But how do the Telco’s go about deciding what constitutes abuse?
No one appears to know exactly how much internet traffic is too much. The type of traffic being throttled is typically that created by peer to peer networks such as those taking advantage of BitTorrent downloads. This assumes that all such downloads are for illicit purposes, and therefore should be discouraged. Bell Canada is very careful to not make that assertion. All they say is that they want to maximise the experience for all users.
Bell Canada offers the “Total Internet Max” browsing experience for CDN$89.95 a month. This includes 100GB of usage per month. They also provide usage insurance of CDN$10.00 a month for an additional 30GB of activity.
How does the user know how much bandwidth has been consumed? The information is located online, of course, the irony of which should be obvious. The user is using up their bandwidth to find out how much bandwidth they are using. Technically, surcharges could be incurred during this investigation.
How do you know if are incurring the wrath of the Deep Packet Inspectors? Well you don’t. Unless you are downloading something huge using a BitTorrent service, in which case, you will be throttled. Sorry, your traffic will be throttled.
The information made available online when you sign up for a Sympatico Internet account makes no mention of the shaping or throttling of Internet traffic. Speak to a representative and they make no mention of it either. In fact, the representative I spoke with, charming as she was, knew nothing about this and had to speak to her supervisor. The latter said Bell does not throttle traffic. I was finally transferred to Customer Service who said the only people able to answer my question were in Tech Support, but I need an account to talk with them.
It was finally agreed that my telephone account was sufficient to let me through. The Tech Support rep, again a charming individual, informed me that the shaping takes place in peak hours defined as being between 6 and 10PM.
I also took a look at the Bell Acceptable Use Policy, which is far ranging. I encourage everyone to read it. Transmitting chain letters is not allowed, for instance. Paragraph two is the one used to justify the shaping of traffic:
Restricting or inhibiting any other user from using or enjoying the Internet, impairing the operations or efficiency of the Service or creating an unusually large burden on our networks, or otherwise generating levels of Internet traffic sufficient to impede other users’ ability to transmit or receive information.
In summary, my major objections to Bell (and Rogers) shaping of Internet traffic are:
- Numbers are not made available defining what constitutes the shaping of traffic
- No one is informed about the rules governing shaping
- No information is made available defining the load and traffic we are being saved from.
Do the owners of the road have the right to determine how much traffic flows through their property? The answer is probably yes.
What rights do users have? Or what rights should the user expect to have?
Links:
The different types of traffic being generated on the Web are described in this very interesting (though a bit geeky) article. Note the article dates from 1998!
Bell Canada Inc. has been ordered to publicly disclose information that details the level of congestion on its network in regard to a dispute over the company’s internet speed-throttling practices.
The Canadian Radio-television and Telecommunications Commission on Thursday told the company it has until June 23 to make public data that was marked confidential in a May 29 filing. Bell had said it needed to keep quiet the information, which details the level of internet traffic and possible congestion on its network, for competitive reasons.
In a letter sent to Bell, CRTC director general of competition, costing and tariffs Paul Godin said the need for public disclosure outweighed the company’s competitive privacy concerns.
“Commission staff has determined, based on all the material before it, that no specific direct harm would likely result from disclosure, or that the public interest in disclosure outweighs any specific direct harm that might result from disclosure,” he wrote. (link)
Bell Canada has submitted their document and its contents appear to be posted on the CRTC web site, file No. 8622-C51-200805153.
(http://www.crtc.gc.ca/archive/ENG/Letters/2008/lt080515.htm)
A link on this site will take you to a location containing futhter details on the topic.
According to this site:
“Bell Canada states that 5% of users were generating 60% of total traffic and 60% of that traffic was P2P traffic and Bell concludes that 95% of Bell subscribers were being negatively impacted. Provide full rationale and evidence in support of Bell Canada ’s view that 95% of its customers were being negatively affected. In addition, clarify whether Bell Canada is concluding that 95% of its customers, or 95% of all retail IS end-users (that is, including customers of independent ISPs that use GAS to provide their high-speed retail Internet services) are negatively affected. ”
The Canadian Association of Internet Providers (CAIP) has to submit their letter by June 26, 2008.