Can I not avoid traffic shaping?

Recently, I rid myself of my Bell Sympatico account. Their policies, traffic shaping included, finally bothered me enough to switch ISPs. This time, I decided to go with an ISP with policies that I could support: the NCF. They provide a decent service, backed by teksavvy with decent policies. Now, much to my frustration, it seems that Bell has found a way to shape traffic through ISPs who don't support their silly practises.

Update: As Russell points out in the comments, this is a case of throttling, not shaping. He points out that the difference between tactics helps determine when regulation takes effect. As a customer, though, I tend to think that both are equally evil.

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Shaping vs throttling

I think we need to be careful with language. I read the article and it seems to talk of "throttling", not shaping. They don't seem to be doing deep packet inspection.

This changes the dynamic that will happen if this goes up to the CTRC which mandates the competitive telecom access (and for whatever reason regulate cable modems differently and don't mandate competitive access).

We know that the congestion is largely a manufactured crisis in order to get permission to do deep packet inspection, but it is unlikely the regulators will agree yet given they still think they are regulating telecom/broadcasting and not something entirely different with the Internet.

Regulators won't likely have a problem with throttling as long as it treats all competitors equally bad. Traffic shaping, however, is likely to be looked at as a violation of the relevant legislation.

Free/Libre and Open Source Software (FLOSS) consultant.