It is time for some straight talk about governance. The word "governance" used here means authority. It does not merely mean rules, or coercion, or any other weasel-worded definitions that deflect our attention from the art of good governance as distinct from self-serving opportunism and illusory power sharing. Politics, as Theodore Lowi reminded us, is ultimately about "who gets what". Quibbling with endless essays about who rules the root is useful, but not demonstrative. more
One could think that the authors of The Universal Declaration of Human Rights (UDHR) -- adopted in 1948 -- had the Internet in mind when they declared in Article 19: "Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers." All human beings are entitled to certain rights, and it makes no difference if they choose to exercise them in a town square or an Internet chatroom. more
The regulatory environment for brands and retailers that do business online is getting stricter thanks to regulatory changes in Europe with the General Data Protection Regulation (GDPR), as well as existing regulations in the U.S. Companies that adapt quickly can turn these changes into a competitive advantage. As we grapple worldwide with the implications of the incredible amount of personal data generated every day, consumers are pressuring brands and legislators alike for more control over their information. more
Iran has disrupted mobile internet access for some three hours on 19 January 2023. Real-time NetBlocks metrics show that mobile networks were disrupted for three hours on Thursday morning, while fixed-line services were largely unaffected. more
A number of large technology companies, including Google, Microsoft and Yahoo!, have announced that they have signed up to a voluntary code of conduct on how they do business in countries that curtail freedom of expression like China and Singapore... It's not surprising to see this sort of self-regulation being proposed as otherwise political initiatives like the Global Online Freedom Act, passed in one US Senate committee but currently floating in legislative limbo, could actually make it into law. more
A reader recently brought to my attention an upcoming conference in London in the UK -- The Oil and Gas Cyber Security Forum. Here's a little blurb: "Despite investments into state of the art technology, a majority of the oil and gas industry remain blissfully unaware of the vulnerabilities, threats and capability of a malicious cyber attack on control systems..." I bring this up because it is relevant to the trends in cyber security that we see this year - that of the Advanced Persistent Threat. more
The Stop Online Piracy Act (SOPA) and its defeat call attention to a delicious irony in public discourse on Internet governance. Even those who don't want the Internet to be an exception from traditional forms of regulation and law are forced to admit that something new and exceptional must be done to bring it under control, such as massive departures from traditional concepts of territorially bounded sovereignty through the use of in rem jurisdiction. more
As you may know, there are two laws currently being discussed in Canadian legislative assemblies: Senate Bill S-220, a private member’s bill with private right of action and criminal remedies; Parliamentary Bill C-27, tabled by the government, with private right of action, coordination between various enforcement agencies... more
This morning, the US House Subcommittee on Intellectual Property, Competition and the Internet led by Representative Goodlatte (R - VA) conducted a hearing on New gTLDs. Kurt Pritz, Senior Vice President from ICANN did his best to alleviate concerns about the risks posed to intellectual property rights and consumers as the result of the New gTLD Program and reiterated that the process to launch new gTLDs has been underway for 7 years. more
In spite of having a slow, expensive, government-controlled Internet infrastructure, Cuba is undergoing what Ted Henken and Sara Garcia Santamaria refer to as a digital revolution. The digital revolution might be said to have begun in 2007 when Yoani Sánchez launched her blog "Generation Y." Internet access was difficult -- she would get illegal connectivity at tourist hotels, and the blog was initially hosted in Germany. Soon, the Huffington Post began publishing her posts, and she has subsequently received many international awards, including the Ortega y Gasset Award for Digital Journalism in 2008. more
France's data privacy watchdog has fined Google 50 million euros ($57 million) under the European Union's General Data Protection Regulation (GDPR) making it the most significant regulatory enforcement action since the law came into effect in May. more
There is increasingly heated rhetoric in DC over whether or not the government should begin to "regulate the internet." Such language is neither accurate nor new. This language implies that the government does not currently involve itself in governing the internet -- an implication which is clearly untrue given a myriad of laws like CFAA, ECPA, DMCA, and CALEA (not to mention existing regulation of consumer phone lines used for dialup and "special access" lines used for high speed interconnection). more
On January 27th the Executive Multistakeholder Committee (EMC) held its first meeting to plan the "Global Multistakeholder Meeting on the Future of the Internet Governance" scheduled to be held in Sao Paulo on April 23rd-24th. A review of that planning session's results indicates a Sao Paulo meeting with downsized attendance and, most likely, accompanying expectations. more
After the Dubai World Conference on International Telecommunications (WCIT) debacle last year, the exit of almost everyone out of the ITU-T was accelerated. The ongoing meeting of its former "crown jewel" Study Group 13 that claims to be the global coordinator of all things Internet, Cloud Computing, SDN, IoT, and Future Networks, attracted only 80 people - mostly from three countries plus the host. Only a single person from the Americas attended. more
Syracuse University professor Milton Mueller published a blog under the title "Will the GAC go away if the Board doesn't follow its advice?". Having been to a number of (very limited) ICANN meetings on behalf of law enforcement cooperation, I would like to share a few - probably thought provoking - observations. The GAC should not leave ICANN but it may be more efficient if its role changed and its efforts were aimed at a different form of output. more