Featured Blogs

The Latest on GDPR and WHOIS

GDPR. It's the four-letter "word" everyone is talking about, and there are lots of questions still swirling around the topic. We wanted to provide a summary of where we are and what we believe the next ten days will bring... GDPR enforcement will begin May 25, 2018. After this date, those found in violation of the regulation can be fined up to 4% of annual global turnover or 20 Million Euros, whichever is greater. more

Using Electricity Infrastructure to Roll Out Broadband

The FCC proposal in its recently launched National Broadband Plan to share infrastructure is a very smart initiative indeed. Sharing infrastructure makes a lot of sense. Without it the business model for universal high-speed broadband will not stack up -- the costs of infrastructure is one of the most critical elements in any national broadband plan. Australia is following an identical course with the rollout of their National Broadband Network. In all six current rollout sites utilities are either already involved or are negotiating to become involved. more

How Can WCIT Assist in Connecting the Rest of the World?

A key element of the World Conference on International Telecommunications (WCIT) is to connect the people around the world who are not yet connected. These are people in developing economies, but also people in rural areas within developed economies, as well as the 650 million people with disabilities. The question is whether the International Telecommunications Regulations (ITRs) that are being discussed at WCIT can assist in this. If we go back to 1988, when the current ITRs were first established, the focus was on access and interoperability. more

“Restoring” Internet Freedom for Whom?

Recently, a colleague in the Bellisario College of Communications asked me who gets a freedom boost from the FCC's upcoming dismantling of network neutrality safeguards. He noted that Chairman Pai made sure that the title of the FCC's Notice of Proposed Rulemaking is: Restoring Internet Freedom. My colleague wanted to know whose freedom the FCC previously subverted and how removing consumer safeguards promotes freedom. more

Corporate TLDs - Why Keeping Mum Seems to Be the Order of the Day

Global brand protection powerhouse MarkMonitor recently released survey results revealing the intentions of their corporate clients with respects to new gTLDs. After reading the report, it's fair to say that I'm not surprised by the results, but continue to be frustrated by them. Where are all of these forward thinking and revolutionary online marketers and brand managers? Are they so unaware of the opportunity that has been placed before them or are they just being very savvy? more

Battling Over Clouds

More than 40 years ago, the FCC was worried about telephone companies using their power over communications to control the then-nascent (and competitive) data processing marketplace. The Bell System at that point was already banned from providing services that weren't common carriage communications services (or "incidental to" those communications services)... In a 1999 article in the Texas Law Review, Steve Bickerstaff pointed out that Computer 1 meant that no one could provide a "computer utility" service... Today, we'd call the "computer utility" something different -- we'd use the term "cloud computing." more

Are Cable Companies a Broadband Monopoly?

One of the products my consulting firm offers are statistically valid surveys and conducting surveys has let us get a close look in many communities at the mix between cable broadband and telco DSL. In the last few years, the percentage of DSL subscribers in towns with a good cable company network has plummeted. It's not unusual to see DSL market penetration in bigger towns of 10% or less, meaning in most cases that the cable company has essentially won the competitive battle. more

Is 47 USC 230(c) an Immunity or an Affirmative Defense (Does it Matter?)

Procedure matters. It matters whether a defendant can dispose of a litigation right out of the gate, or whether the defendant must suffer the slings and arrows of discovery, motions, and trial before presenting a successful defense. Procedurally, once a litigation has been initiated, defendant has a chance to say, "hey, wait a minute, there isn't actually a cause of action here." It's like someone suing me for being tall. Well, yeah, but there is no recognized cause of action against being tall. more

Thinking Carefully About New gTLD Objections: String Confusion (Part 1 of 4)

Since speaking last fall on community-based TLDs at the New gTLD Summit in Los Angeles, I have been asked a number of times to provide input on the objections ICANN allows in its New gTLD Applicant Guidebook ("AGB" or simply the "Guidebook"). As the March 13 deadline approaches, I now present the first of a series of four spotlight articles on the subject -- one on each of the four permissible grounds for objection. more

Kelly’s Case Updated: A Need for Further DNS Registrar Industry (Self-)Regulation

After ten hectic days, the young Clemson civil engineer turned MBA entrepreneur -- who turned a passion for helping equestrians care for their horses into a website enterprise -- had the HorseDVM.com domain, and its IPR returned to HorseDVM LLC. Ultimately, however, it was the registrant who realized the registrar had wrongfully sold him the domain and the unfairness of what had occurred, who facilitated the return. The culpable registrar ultimately did nothing but unfailingly support its auction subsidiary's sale... more

McCain’s Tech Policy

I was hoping that McCain's Tech Policy would emphasize and extend the two McCain pro-Internet initiatives -- the McCain Lautenberg Community Broadband Act and Spectrum Re-regulation, neither of which have yet seen the light of day -- but it doesn't. In the first case, it makes a vague nod in the direction of "market failure and other obstacles." In the second, it treats spectrum policy as a done deal; now that we can surf the Web in coffee shops, we're done. more

Facebook vs Google: The Pot Calling the Kettle Black

In case you missed it a few days, a story broke that said that Facebook was caught hiring a PR firm to spread stories about Google about how they invade people's privacy... Even though I work for Microsoft and therefore can hardly be considered unbiased, I think Microsoft would be in a position to call out others for lack of privacy protection. I say this based on the fact that in my division, every new feature that we implement has to go through Privacy reviews... more

Can ICANN Manage the DNS Root Zone by Itself? “No!” Says US Department of Commerce

In a recent letter, the US Department of Commerce NTIA strongly denied being engaged in discussions about a "root zone transition" from VeriSign to ICANN. The community, ICANN President Strategic Committee (PSC), and perhaps ICANN and IANA staff are suddenly informed that no transition of root zone management is going to occur. What happened? With the touted ICANN transparency and accountability principles, why such a shift in (perceived) ICANN strategic directions coming from its overseeing government department? more

Ferocious FttH Competition in China

Most of the discussions, analyses and comments regarding the strategic issues in telecommunication are still focussed on the mature markets in Europe and North America, where there are well-established policies and regulations with institutions that have been in existence for many decades. Occasionally one hears claims that we are reverting back to old telecoms policies and regulations, as, for example, was the case with the FCC proposal for its Title II legislation. more

How Far Will U.S. Regulators Bend to AT&T and Verizon?

Recent events relating to the network plans of AT&T and Verizon are extraordinary: it appears that the commercial and lobbying clout of two major telcos is determining the telecom services which their customers can receive, the technology they will receive them with, and whether they will receive them at all. Already a large number of states have agreed to dismantle Carrier of Last Resort (COLR) obligations on them, while the FCC itself is being advised to change the rules to suit the business interest of the telcos. more