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Important New Jersey Supreme Court Decision in Internet Privacy

The New Jersey Supreme Court has issued an important decision on Internet users' right to privacy. The case involves a dispute about whether an ISP violated a user's privacy rights by turning over subscriber information (name, address, billing details) associated with a particular IP address. It ends up that the subpoena served on the ISP was invalid for a variety of reasons. As the user had a 'reasonable expectation of privacy' in her Internet activities and identifying information, and because the subpoena served on the ISP was invalid, the New Jersey court determined that the ISP should not have turned over the personal data... more

CNN.Com, Politically Motivated DDoS, and Asymmetric Warfare

Once again I find myself thinking about the nature of the asymmetric warfare threat posed by politically motivated DDoS (Estonia in 07, Korea in 02, and now China vs. CNN in 08). I keep thinking about it in terms of asymmetric warfare, a class of warfare where one side is a traditional, centrally managed military with superior uniformed numbers, weaponry, and skill. On the other we have smaller numbers, usually untrained fighters with meager weapons, and usually a smaller force. Historical examples include the North Vietnamese in the 20th century and even the American Revolution in the 18th century. Clearly this can be an effective strategy for a band of irregulars... more

ICANN GNSO Votes to Kill Domain Tasting

The ICANN Generic Names Supporting Organization has had tasting on its agenda since last fall, with a staff report issued in January, and a proposed anti-tasting policy written in March. On Thursday the 17th, the GNSO put the proposed policy to a vote, and it passed overwhelmingly. Under ICANN rules, the ICANN board has to take up the resolution at its next meeting, and since it was approved by a supermajority, it becomes ICANN policy unless 2/3 of the board votes against it, which in this case is unlikely. more

FCC’s Stanford Hearing on Broadband Practices

About 300 people attended to the net neutrality hearing Thursday hearing which began with testimony from Larry Lessig, a Stanford Law School professor and founder of the Center for Internet and Society... The meeting was called by the FCC in reaction to the news that US net firm Comcast had been exposed as managing traffic by stopping some of its 13m customers uploading files to BitTorrent and other peer-to-peer networks. The FCC has started a formal investigation to see if Comcast merits a fine for its actions. more

Does Bell Really Have a P2P Bandwidth Problem?

Bell filed its response to the Canadian Association Of Internet Providers (CAIP) submission to the Canadian Radio-television and Telecommunications Commission (CRTC) on its throttling practices yesterday, unsurprisingly arguing that its actions are justified and that there is no need to deal with the issue on an emergency basis. Several points stand out from the submission including its non-response to the privacy concerns with deep-packet inspection... and its inference that P2P usage could be deemed using a connection as a "server" and therefore outside the boundaries of "fair and proportionate use" under typical ISP terms of use. more

Locking Out Competing Providers is Bad

Today one of the headlines in Computer Sweden was that there is a dispute between Telia and the regulator PTS in Sweden. PTS requires Telia to stop locking out competing TV-distribution companies for IP-TV in the access network (DSL) that Telia runs. Specifically, they lean towards the fact Telia is dominant provider of the copper, and require Telia to competitors give access to the larger frequency band in the copper that they claim is needed for TV distribution. more

Models for Muni WiFi Completely Neglect Technology Evolution

Modern travel means interminable waits, but it's a good time for reading. I finally read Wireless Pittsburgh: Sustainability of Possible Models for a Wireless Metropolitan-Area Network by Jon M. Peha, published in February as a working paper of the New America Foundation. The good news: it's full of interesting cost estimates and projected subscriber take rates based on specific demographics in Pittsburgh, Minneapolis and Philadelphia... The flaws in this study...
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Canadians Aren’t Buying Into Net Neutrality

The Tyee, an independent on-line magazine based in BC wrote a story about net neutrality more than a year ago, noting that most Canadians are sleeping through the debate. They followed up again last week. Despite what is called a "perfect storm of events that may crystallize the issue for consumers, businesses, politicians, and regulators," there hasn't been an overwhelming outcry, despite extensive press coverage of the most recent network activities. There are a number of voices who present a conspiracy theory on traffic shaping in Canada... more

CAIDA and ARIN Release IPv6 Survey

The Cooperative Association for Internet Data Analysis (CAIDA) and the American Registry for Internet Numbers (ARIN) presented the results [PDF] of a recent IPv6 survey at the ARIN XXI Public Policy Meeting in Denver on April 7th. The survey involved over 200 respondents from a blend of Government, commercial organizations (including ISPs and end users), educational institutions, associations, and other profit and non-profit entities. The purpose of the survey, conducted between March 10th and 24th, was to capture IPv6 penetration data in the ARIN region... more

Retrograde Inversion of Telecommunications Policy

Going backwards upside down. That's what we're doing with telecommunications policy in the U.S. The Comcast affair should prompt a re-examination of many decisions the FCC, Congress, and the courts have made over the last few years. When the FCC reports on its reactions to Comcast's activities, the right response will be "You're asking the wrong question." "What is reasonable network management" isn't the question we should be asking... more

If It Spams Like a Duck…

We've been wondering what e360 hoped to gain with their recent lawsuits against Spamhaus and others. If they were trying to clarify the right of ISPs to protect their users from spam, then they've certainly done a good job -- especially in this particular case. If it wasn't clear before, Judge Zagel's explanation should satisfy even the most pedantic of filtering opponents: "ISPs acting in good faith to protect their customers are not liable for blocking messages that some spammer claims are not spam..." more

Comcast 1, E360 0

The judge in E360 vs. Comcast filed his order yesterday (read previous postings here and here), and to put it mildly, he agreed with Comcast. It starts: "Plaintiff e360Insight, LLC is a marketer. It refers to itself as an Internet marketing company. Some, perhaps even a majority of people in this country, would call it a spammer." ...and from E360's viewpoint, goes downhill from there. more

Overloading the Internet? Recent Media Reports Based on Dangerous Misinformation

The London Times article (and a similar one in the Guardian) are based on dangerous misinformation. The net isn't slowing down, and nearly no technical experts believe major "overload" problems likely on the backhaul, core, or decent local loop... Net traffic per user, as documented by Odlyzko and Cisco, has been growing at about 35-40% the last five years, and that growth rate is flat and possibly down the last two years. The net has been able to handle the increase without price increases, much less overload, because the primary and rate limiting equipment (switches, routers, WDM, etc.) have simultaneously been going down at a similar 35-40%. Moore's Law is bringing costs down and capacity up at a remarkable rate. more

NY Times Grossly Misreads WEF Report

Today's New York Times includes an article by John Markoff entitled "Study Gives High Marks to US Internet." But either John Markoff is fuzzy about exactly what the Internet is or he didn't actually read the report. His title is way off base. He did interview a few people who are quoted in the latter part of the article, so there is some information in the article. But he's done a major disservice for the many who read only the title or perhaps first paragraph... more

Call for “ISP Point of Contact” Database for Neutrality “Event” Concerns

When I initiated NNSquad (Network Neutrality Squad), one of my primary concerns was that many seemingly reportable "events" that can occur on the Internet -- and that might seem on their face to be network neutrality "violations" -- might actually be caused by innocent technical issues related to ISP operations, testing anomalies, or misinterpretation of test or otherwise observed data. Analysis of these situations -- which may invoke security and privacy concerns -- can be quite complex, and without a reasonably complete picture of events can also be considerably problematic... more

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