Taking a Multi-Stakeholder Look at Cyber Norms

Recently we've seen several examples of likely state sponsored security incidents of which the appropriateness was later strongly debated. Incidents such as states impacting commercial enterprises during cyber attacks; purported sabotage of critical infrastructure, and attacks on civilian activists have all, to a greater or lesser degree, led to concerns being raised by both civilian watchdog groups, academics, technologists and governments. more

Assigning 32-bit ASNs

With 16-bit Autonomous System Numbers (ASNs), 65,536 unique numbers are possible. Just like 32-bit IP addresses, these 16-bit ASNs are becoming a scarce resource. Therefore, in 2007 the Internet Engineering Task Force (IETF) developed a new format, 32-bit ASNs (RFC 4893), which increases the supply of ASNs to four billion. 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

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

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

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

UDRP and the ACPA Differences, Advantages and Their Inconveniences

The ACPA and the UDRP provide two separate and distinct methods for resolving domain name disputes. Both alternatives have many critics and proponents, but the true value of each will ultimately be determined by how well each combats cyber-squatting. Separately, the UDRP and the ACPA will probably work well to defuse most of the cyber-squatting that is currently invading the Internet. If combined together the UDRP and the ACPA can be a cost saving and effective way to prevent cybersquatting... 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

US, European Consumer Groups Call on FTC to Investigate Google for Deceptive Tracking of Users

Over 75 consumer groups in U.S. and Europe have asked the US Federal Trade Commission (FTC) to investigate Google for unfairly and deceptively manipulating users of mobile phones with its Android operating system by constantly tracking location. A letter sent to the FTC by the Transatlantic Consumer Dialogue (TACD), a forum of US and EU consumer organizations, says Google manipulates users into constant location tracking. more

The Christmas Goat and IPv6 (Year 15)

The Christmas Goat attracted 809 unique AS numbers this year, with IPv6 usage led by the USA and Finland. Despite a rise to 39% IPv6 adoption, challenges like outdated routers persist. As this 15-year tradition concludes, the holiday Goat highlights the progress and hurdles of IPv6 integration. 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

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

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

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

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