bittorrent

TorrentFreak reports that a new “network-aware” version of the BitTorrent protocol is being beta-tested. The new client, µTorrent 2.0 or µTP, will be able to regulate its own bandwidth usage (“throttle” itself) to avoid interference with other applications. According to a BitTorrent spokes person, the network-friendly redesign will slow uploads if congestion is detected on a network, but should leave download speeds unaffected in most cases.

The new client also has a feature that will enable users to stop all downloads if they approach a certain gigabyte limit (allowing users whose ISPs impose monthly bandwidth caps to avoid expensive overage charges). BitTorrent creator Bram Cohen made the following statement in a 2007 interview with TorrentFreak:

“ISPs have to invest in making their networks better and faster rather than stifling applications which consumers use and love. That’s just bad marketing and customer service, especially given the competition which exists in the broadband industry and consumer focus on network neutrality.”

Mr. Cohen’s statement, taken along with his actions, serves as a clarion voice of reason in a debate full of utter insanity. The Net Neutrality Debate of 2009 has thus far been rife with doublespeak, corporate giants taking potshots at each other, and über-elite technophiles and their sanctimonious ideas of what Americans ought to want, (as well as a few tangentially relevant arguments on behalf of women and minorities). BitTorrent has instead chosen to take the proactive path and work with the ISPs to solve the problem of congested networks and provide a better experience for its users. Net Neutrality advocates should note that no government bureaucrat forced them to make any changes. Instead, BitTorrent is leading by example, doing what the other content and network companies ought to be doing. A system that promotes voluntary cooperation between companies is vastly preferable to an inflexible government regulatory regime.

Facebook has been at the center of a controversy involving its moderation policies and The Pirate Bay, a popular Bittorrent tracker that was found guilty of copyright infringement by a Swedish court last month. Since early April, Facebook has enforced a “site-wide” ban on links to The Pirate Bay – including those in private messages.

This practice may run afoul of federal wiretapping statutes that bar service providers from “intercepting” private messages, according to an article that appeared on Wired Threat Level last week. Wired quotes Kevin Bankston, a senior attorney for the Electronic Frontier Foundation, who explains that Facebook’s practice raises “serious questions about whether Facebook is in compliance with federal wiretapping law.”

It’s important to draw a distinction between the traditional notion of “wiretapping” and Facebook’s “interception” of user messages, which doesn’t involve any human intervention. Regardless of how the courts may interpret ancient laws like the 1986 Electronic Communications Privacy Act, an automated computer system flagging and deleting certain strings from user messages simply isn’t comparable to a third party secretly listening in on a private phone conversation.

Besides, Facebook makes clear to its users from the get-go that their messages and postings are subject to a set of rules (which Facebook lays out in plain English). If Facebook believes a message or posting is against the rules, it can block or remove it. This is not an unreasonable rule; many online discussion forums have enforced similar policies since the Web’s early days. Such filtering is possible only if sites can “examine” messages to identify misconduct.

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