Yes, all the M-Lab servers use BBR, which is only relevant when the server is the one sending test data (i.e. download tests). For upload tests, it depends on the cc used by the client's TCP stack.
Re. breaking the speed of light: :)
The latency shown to the user is TCPInfo's MinRTT field read at the sender. Clients cannot in general (even though it would be possible for a Linux-only client) collect TCPInfo data. During a download test this is not a problem since the server sends periodic messages including the TCPInfo struct. During an upload test, clients must rely on the receiver's (the server's) TCPInfo.
We previously assumed that during upload tests the server does not send enough packets to make its calculated MinRTT accurate enough, and that's why an upload-only test does not report latency. We are revisiting this assumption and I'm going to push a fix to the client soon.
(The same goes for retransmission, but in that case we can't use server-side data -- the client just cannot know its retransmission rate without access to TCPInfo.)
-Roberto