Ok, someone already beat me to the obvious conclusion, DOCSIS is broken.
But let's go a little further. Ok, assuming the EFF did a piss poor job of writing this report, let's look at your analysis.
It would seem you too may have made a mistake by instead of doing a root cause analysis, you simply followed the EFF down the rabbit hole and then called them stupid for being in a rabbit hole. But look, you're in the rabbit hole too!
There are two real fundamental issues that are causing this (aside from Comcasts "forgery") and both are much higher level than any mistakes in the DOCSIS standard.
1) My cable company promises me unlimited up and download data. It says to a Max of 1Mbps up and 7Mbps down. Now I know I won't always get those speeds, but whatever speeds I get, I'm unlimited.
2) Apparently the cable company sells more bandwidth than it has (much like an airline who over books a flight.)
Now regarding item 1) As long as they give me unlimited up and down, I am wasting money (and not reducing my carbon footprint) unless I use my max throughput 100% of the time. I pay for it, they said I had it, it's mine. Now were they foolish in saying that? Should they be charging me per MB or GB? Possibly. But they don't. So it's in my best interest to use all the bandwidth I purchased for the month. Anytime I'm not using my max, I am paying for bandwidth I don't need, and I am supplying power to my networking devices when they aren't providing a use, which means I'm increasing my carbon footprint needlessly.
For item 2) If an airline overbooks, they might "reset your flight" similar to Comcast resetting your network, but they do at least compensate you for it. I bet if Comcast sent an email to customers saying... we've interrupted your network for a bit, here's a month's free credit to your account people would've felt differently. Can you imagine arriving at an airport with the airline claiming, "no we don't oversell your flights" putting you on a fake (forged if you will) airplane that cannot fly, and walking away claiming they met their end of their contract? That would be pretty mean spirited. And yet, that's what Comcast has done.