Its happening elsewhere, it seems that the quest for excessive profits outrules 
all else.

http://www.cbc.ca/technology/story/2008/06/02/tech-quebec.html
--

Bell sued for throttling internet speeds
Last Updated: Monday, June 2, 2008 | 6:00 PM ET
By Peter Nowak CBC News

Bell Canada Inc. is facing another challenge to its internet throttling 
practices as Quebec's consumer watchdog, L'Union des consommateurs, has filed a 
class-action lawsuit against the company.

The suit, filed Thursday in Quebec Superior Court on behalf of Montreal 
resident Myrna Raphael, seeks certification for all subscribers in the 
province. The lawsuit alleges that by deliberately slowing internet speeds, 
Bell has misrepresented its service and raised concerns over privacy.

The consumer watchdog is seeking the return of 80 per cent of the internet 
subscription price, which it says is equal to the reduction in speed, as well 
as $600 per subscriber to compensate for false advertising and $1,500 for 
privacy rights violation.

The watchdog said in a release that Raphael signed a three-year contract with 
Bell in 2006 on the basis that she would receive a connection with "always-on 
constant high speed, without frustrating interruptions during peak hours of the 
day."

Montreal-based Bell has admitted it is using so-called deep packet inspection, 
or DPI, technology to slow down certain uses of the internet — primarily 
peer-to-peer applications such as BitTorrent — during peak periods. The 
company says it needs to do so because a small percentage of heavy peer-to-peer 
users are causing congestion on its network, which could slow overall speeds 
for a large number of customers.

Bell spokesman Mark Langton said the company does not comment on cases before 
the courts.

Bell is not the only internet service provider to throttle customers speeds, as 
Toronto-based Rogers Communications Inc. has acknowledged doing so. A spokesman 
for Bell's main competitor in Quebec, Montreal-based cable provider Vidéotron 
Ltée, said it does not throttle its customers.

The union, however, also launched a class-action lawsuit against Vidéotron 
last year for forcing download limits on internet customers in the middle of 
their contracts. The company said it was not violating the terms of those 
contracts as it gave customers two months warning.

About 300 angry internet users assembled on Parliament Hill last week to 
protest against Bell's and Rogers' actions. The NDP also last week introduced a 
private member's bill in the House of Commons designed to limit how much 
control internet service providers have over the internet.
Submissions filed with CRTC

The suit was followed Thursday night by submissions to the Canadian 
Radio-television and Telecommunications Commission by Bell and the Canadian 
Association of Internet Providers, which represents 55 smaller ISPs that rent 
portions of the company's network. The parties were responding to an inquiry 
into Bell's traffic-shaping practices by the CRTC, which sprouted from a 
complaint filed in April by CAIP.

In its filing, Bell said the traffic shaping, which it began applying to its 
own Sympatico customers in November and then to its wholesale CAIP customers in 
March, was necessary in order to prevent the slow-down of speeds for about 
700,000 customers. Bell's head of regulatory affairs, Mirko Bibic, told 
CBCNews.ca on Friday that throttling is just one of the means in which the 
company is addressing its congestion problem. Pricing plans based on usage as 
well as continued investment are the other solutions, he said, although 
"building alone is not going to solve the problem."

CAIP in its submission accused Bell of lying to the CRTC by saying its 
throttling was only being used on peer-to-peer applications. The group said 
Bell has admitted to two independent ISPs, Sentex and Execulink, that its DPI 
technology was having an impact on virtual private network (VPN) connections, 
which was affecting individuals' ability to work from home. The group also said 
DPI was affecting Voice over Internet Protocol telephones.

Langton said Bell has investigated several cases where traffic shaping was 
suspected of affecting internet uses other than peer-to-peer, but found that it 
was not the issue.

"Our invitation to ISPs to tell us about any such problems so we can 
investigate remains open," he said.

The CRTC has given interested parties until June 12 to make their submissions 
on the throttling issue. Bell will then have until June 19 to reply to those 
submissions, while CAIP will have until June 26. The CRTC said it will then 
make a ruling by September.

Aside from the Quebec consumers' lawsuit and the CRTC probe, Bell also has to 
deal with a complaint filed with the federal privacy commissioner by the 
Canadian Internet Policy and Public Interest Clinic, a University of Ottawa 
legal clinic specializing in internet and other technology-related law. In its 
complaint filed in May, the clinic said Bell's DPI was invading users' privacy 
by reading what sort of data — known as packets — they were transmitting.

Bibic on Friday disputed the charge and said the company's DPI only identified 
what form of traffic a customer was transmitting, and it did not delve into the 
actual data being sent.

"We've been quite clear all along that we don't examine the contents of what 
the packets contain," he said.

--

> The country that is already trailing the rest of the developed world 
> in
> Internet Usage has now taken even more steps backward.
> 
> http://www.businessweek.
> com/technology/content/jun2008/tc2008063_767960.
> htm?chan=top+news_top+news+index_news+%2B+analysis
>

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~|
Adobe® ColdFusion® 8 software 8 is the most important and dramatic release to 
date
Get the Free Trial
http://ad.doubleclick.net/clk;192386516;25150098;k

Archive: 
http://www.houseoffusion.com/groups/CF-Community/message.cfm/messageid:261258
Subscription: http://www.houseoffusion.com/groups/CF-Community/subscribe.cfm
Unsubscribe: http://www.houseoffusion.com/cf_lists/unsubscribe.cfm?user=89.70.5

Reply via email to