Comcast should be punished
Look... they spent loads of money to buy DPI tech... if they took that same money and put it into more bandwidth and more dslams or docsis... then the problem would be fixed.
They should punish comcast and others who do this.
However when it comes to throttling... fine let them throttle... but they have to throttle everything.
When grandma and grandpa call up to wonder why their internet is slow... they say that they are being throttled and their email is going to be slow unless they are awake during times that vampires are awake. While DSL or Cable company X has an offer saying that your internet isnt going to be throttled... then grandma and grandpa will go with that other company.
If bandwidth is their problem. Knock everyone down to 3mbps or slower. Not any 10mbps.
You cant offer 10mbps and then throttle them down to 1mbps the entire day... that's fraud.