Tunneling your way around ISP traffic manipulation
Stuck with limited ISP choices, broadband users are increasingly angry with the growing number of providers that poke around in their customers’ traffic. From resetting Bittorrent sessions to sniffing packets for URLs, more and more providers are wielding their power as the “man in the middle” to monitor and manipulate traffic in unpopular and possibly illegal ways. While these practices can be beneficial, tech-savvy consumers are understandably agitated. Congress is now considering legislation that would outlaw these ISP practices.
Instead of urging lawmakers to enact sweeping new laws that would often do more harm than good, broadband users should look to the recent emergence of commercial secure tunneling services. These services remind us that the marketplace is perfectly capable of resolving skirmishes without government getting involved.
Numerous companies have begun to offer encrypted tunnels using Virtual Private Networks (VPNs). These networks have long been used for a variety of reasons, and are popular with network security experts because of how well they protect data from outside snooping. By tunneling traffic through secure links, broadband users can break free from the constraints imposed by ISPs on certain types of traffic. Routing peer to peer applications through these tunnels makes them almost entirely indistinguishable from other types of traffic—even to stateful packet inspection tools like Sandvine that are undeterred by header encryption.
Tunneling traffic via encrypted, remote servers is also one of the toughest targets for ISPs. Many corporate users and university students connect to VPNs for necessary reasons, and there’s no easy way for an ISP to distinguish “legitimate” VPN traffic from the other kind. And with new secure tunneling firms popping up all the time, simply blocking the IP-address ranges of known tunnels is no solution. Absent a VPN Whitelist—highly infeasible given the growing number of VPNs in the wild—ISPs will soon realize that, no matter how much they invest in packet inspection tools like Sandvine and Phorm, informed users will always find a way to stay a step ahead.
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A Bill of Rights to enshrine Net Neutrality?
After changing its mind about throttling Bittorrent traffic last month, Comcast has pulled a 180° on network neutrality. Last week, Comcast announced plans to publish a consumers’ “bill of rights and responsibilities,” detailing what subscribers should expect from their ISP and laying out network management best practices.
Naturally, the “Save the Internet” crowd isn’t satisfied with Comcast’s declaration. Being protocol-agnostic wasn’t enough for them, and neither is a consumer bill of rights. Customers will only be safe from evil ISPs, they say, with aggressive neutrality mandates like Rep. Markey’s proposed legislation.
On one hand, Comcast’s declaration is good news for Bittorrent users, and illustrates the responsiveness of market forces. And as a Comcast subscriber, I’m all for non-discriminatory networks. (Though I seed torrents quite rarely, it’s nice to know the option exists.)
But declaring a consumer “Bill of Rights” is a risky approach. Comcast is ceding key ground to interventionists by implicitly admitting that consumers have some inherent right to unfiltered, unmanaged networks. They don’t—despite what lawmakers like Byron Dorgan have suggested.
Essentially, Comcast is saying “If we have to be neutral, then so should all the other guys. Otherwise, they’re violating consumer rights.”
Yet some ISPs are making just the opposite argument, identifying the benefits of curbing bandwidth-intensive applications. In comments filed last week, Bell Canada contended that throttling is in the public interest, explaining that 95% of subscribers suffer on account of file sharing. GigaOM posted a story yesterday that lends further credence to claims that peer-to-peer traffic is a major culprit of network congestion.
Perhaps we shall see a competing bill of rights—one holding that customers have the right to affordable broadband access free from file sharing-induced slowdowns.
As bandwidth demand continues to grow, ISPs must make tough choices. Between price increases, bandwidth caps, and protocol discrimination, it is far from clear what’s best for the average user. If AT&T’s prediction is correct that in three years time, 20 typical households will consume as much bandwidth as the entire Internet does today, then carriers will need to invest billions upgrading both the backbone and last-mile. Discouraging investment through regulation poses a far greater threat to the Internet’s future than hypothetical neutrality violations.
If neutrality truly is as virtuous as its proponents suggest (and I suspect it is) then it will ultimately triumph on its own merits, without the need for government intervention. Still, exclusionary, proprietary networks may yet play an invaluable role in propelling connectivity, despite closed systems’ shortcomings. Who knows what will work out best in the long run? Market experimentation is the only way to find out.
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