DMCA Reaches the Decade Mark

My friend Kevin Thompson over at Cyberlaw Central reminded me this morning in this post that President Clinton signed the Digital Millennium Copyright Act ten years ago today. Tempus fugit. It's interesting to reflect on how this critical piece of legislation has affected (I think fostered) the growth of the online infrastructure with its safe harbor provisions found at 17 U.S.C. 512. more

The Future of Internet Governance? Comments on IGF 2018 Speech by French President Emmanuel Macron

Macron has declared the Internet to be under threat. Without stepping back to question and explore the underlying causes of those threats, he uses them as a justification to propose a different approach to, albeit limited, current Internet Governance processes. Here we explore his proposals and some of the issues they generate. He acknowledges that Civil Society and the private sector have been core drivers in the creation of the Internet. He argues that its benefits and existence are endangered by predatory practices. more

FCC Updates Broadband Speed Standard, Aims for Nationwide High-Speed Internet Acces

The U.S. Federal Communications Commission (FCC) has updated the national broadband speed standard to at least 100Mbps download and 20Mbps upload speeds, marking the first adjustment since January 2015. more

Software-Defined Networking: What’s New, and What’s New for Tech Policy?

The Silicon Flatirons Conference on Regulating Computing and Code is taking place in Boulder. The annual conference addresses a range of issues at the intersection of technology and policy and provides an excellent look ahead to the tech policy issues on the horizon, particularly in telecommunications. I was looking forward to yesterday's panel on "The Triumph of Software and Software-Defined Networks", which had some good discussion on the ongoing problem surrounding security and privacy of the Internet of Things (IoT)... more

Internet Control Without “Firewalls”

Open Society Fellow Evgeny Morozov and I have written an Op-Ed for Project Syndicate about how the future of Internet control is not "firewall" censorship but more subtle forms of manipulation and pressure. Recognizing that censorship is too heavy handed and imperfect to be successful on its own, the Chinese government's Internet strategy is placing increasing emphasis on corporate self-censorship... more

Calculating the Return on Investment of Online Brand Protection Projects

In the early days of Online Brand Protection (OBP), before it was commonly understood how damaging to revenue infringements could be, this was an extremely popular topic. I remember delivering webinars on the subject then and even running a couple of half-day in-person workshops for brand owners at major conferences. more

Editorials Against PROTECT-IP

First the Los Angeles Times, now the New York Times have both printed editorials critical of the PROTECT-IP bill. Both the LAT and NYT support copyright - and announce as much in their opening sentences. That doesn't mean we should sacrifice Internet security and stability for legitimate DNS users, nor the transparency of the rule of law. more

Perhaps It’s Time to Regulate Microsoft as Critical Infrastructure?

My main argument is about the policy of handling vulnerabilities for 6 months without patching (such as the Google attacks 0day apparently was) and the policy of waiting a whole month before patching this very same vulnerability when it first became an in-the-wild 0day exploit (it has now been patched, ahead of schedule). Microsoft is the main proponent of responsible disclosure, and has shown it is a responsible vendor... I simply call on it to stay responsible and amend its faulty and dangerous policies. more

Supporting SpaceX Starlink in Remote Communities

Five companies are developing low-Earth orbit (LEO) broadband satellite constellations, but, as of now, only SpaceX is planning to market directly to consumers. What sorts of support will they require? A pilot study of Starlink connectivity in remote Chilean communities may provide some answers to that question. The Chilean regulator, SUBTEL, has authorized a year-long pilot study of Starlink connectivity in remote, rural communities and is committed to supporting them during the year. more

.Org: ICANN’s Betrayals and its Opportunity to Act Now in the Public Interest

ICANN's repeated betrayals of the public interest have created the conditions for Ethos Capital's proposed purchase of .Org. The growing outrage directed at ICANN is raising questions about ICANN's legitimacy and the wisdom of having entrusted ICANN with oversight over the domain name system ("DNS"). ICANN has shown itself to be out of touch with and unresponsive to the public interest. ICANN now has an opportunity to remember its mission... more

Registered Your DMCA Contact Address Yet?

It is not much of an exaggeration to say that the Digital Millenium Copyright Act of 1998 makes the Internet as we know it possible. The DMCA created a safe harbor that protects online service providers from copyright suits so long as they follow the DMCA rules. One of the rules is that the provider has to register with the Copyright Office to designate an agent to whom copyright complaints can be sent. The original process was rather klunky; send in a paper form that they scan into their database, along with a check. more

Space Weather and Broadband

There was an interesting phenomenon that happened in September when Starlink launched 49 new satellites. The satellites were successfully deployed by the rocket, but as the satellites were being maneuvered to reach the final orbital slots, there was a geomagnetic storm that caused 38 of the satellites to fall back to earth. Space storms happen when radiation affects the magnetosphere that surrounds the earth.  more

Comment on the Kleiman/Komaitis Proposal on Multiple IP Clearinghouses for the New gTLD Process

I recently learned about a meeting that took place between ICANN staff and Noncommercial Users Constituency (NCUC) members Kathy Kleiman and Konstantinos Komaitis regarding the Implementation Recommendations Team (IRT) recommendations for the protection of intellectual property rights in new generic Top-Level Domains (gTLDs). My comment relates to the White Paper published by Ms. Kleiman and Mr. Komaitis with respect to the notion of having multiple Regional Trademark clearinghouses (TMCs). For the reasons stated in this comment, the KK Proposal fails a number of the benchmarking checklists used by the IRT in evaluating proposals. more

Government of India, MeitY Organizes 2-Day Event to Promote Universal Acceptance and Multilingual Internet

The Government of India and the Ministry of Electronics and Information Technology (MeitY) organized a two-day event on Universal Acceptance Day (UAD) on the 27th and 28th of March to promote multilingual Internet and digital inclusion in India. The event highlighted the necessity of providing emails and websites in native languages to enable access to the Internet and bridge the digital divide across the nation. more

How Domain Data Helps Thwart BEC Fraud

It's true, domain data has many practical uses that individuals and organizations may or may not know about. But most would likely be interested in how it can help combat cyber threats, which have been identified as the greatest risks businesses will face this year. Dubbed as the greatest bane of most organizations today, cybersecurity can actually be enhanced with the help of domain data. How? more