Wired's written up a guide on how to outsmart ISPs which throttle BitTorrent traffic. Tactics include encrypting your traffic, changing the default port number, changing the way the protocol behaves, reducing the amount of one-way traffic, or hiding your traffic within an encrypted tunnel. I've commented before that Australian ISPs have been fairly cagey about admitting whether they shape BitTorrent traffic or not. There's so much user generated content being shared online these days (hello YouTube!) that it's just bogus for ISPs to pretend that throttling P2P traffic is just punishing pirates. Clarity is really needed on the issue - if ISPs wish to shape traffic, they should expressly have to tell their customers that.