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

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

Akamai: DDoS Attacks Increased 71 Percent in Q3 2016 as Compared to Q3 2015

Akamai releases its Third Quarter, 2016 State of the Internet / Security Report, providing analysis of the current cloud security and threat landscape, including insight into two record setting DDoS attacks caused by the Mirai botnet. 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

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

Consequences of Opt-in Better Than Best Efforts Internet Routing

While attending the International Telecommunications Society's 17th bi-annual conference I attended yet another network neutrality session. Economists predominated at this conference and their collective read on network neutrality emphasizes the need for ISPs to "extract value" from content providers primarily by converting zero cost peering with ISPs into specific payments from individual content sources. I have no problem with offers of non-neutral, "better than best efforts" routing options to content providers who voluntarily opt in, particularly if the offer is made transparently and anyone can opt in. What troubles me is the impact of opt-in on content providers that opt out... more

(DNS) Security Protocols Do What They Say on the Tin

DNS-over-TLS has recently become a welcome addition to the range of security protocols supported by DNS. It joins TSIG, SIG(0) and DNSSEC to add privacy, and, in the absence of validating stub resolvers, necessary data integrity on the link between a full-service resolver and the users' stub resolver. (The authenticated source feature of TLS may also offer some additional benefits for those of a nervous disposition.) Good stuff. What is not good stuff is... more

Summary of the Registration Operations Association Workshop

The first Registration Operations Association Workshop took place on Thursday, 16 October 2014, at the Los Angeles Hyatt Regency Century Plaza Hotel. I'd like to thank the 64 people that took the time to attend and participate in the discussion, both in-person and remote. I started the workshop with an introduction to some of the technical challenges being faced by the domain registration industry. more

Satellite Internet Access That Could Be Good

According to The Wall Street Journal, a company called O3b Networks LTD Traditional is planning to launch up to 16 satellites by the end of 2010 to provide Internet access in Africa, the Middle East, and parts of Latin America. This satellite plan, unlike many others, could be good. These are low earth orbit satellites or LEOs so they will be able to avoid the latency problems which are unavoidable with the geostationary satellites used by companies like WildBlue and Hughes to provide "last resort" Internet access in the US. 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

Australian Football League Kicks Off Sporting Code .Brands

I can't lie -- I absolutely LOVE Aussie football and have kicked a ball around since I was three years old. In fact, I always will. My ongoing love for the game is as certain as death, taxes and the fact that my beloved Melbourne Demons club will give me both incredible highs and heartbreaking lows each and every year. For most Aussies, a sporting life is very much the way of life... Today is one of those wonderful times when you get to blend your professional and personal passions. more

The Three-Character Question at the Heart of Single-Character .COMs: W-H-Y?

In the matter relating to O.COM, I've focused on the fact that VeriSign has -- in correspondence to the organization that is counter-party to its .COM and transliterated .COM IDN Registry Agreements, in earnings calls with its investors and financial analysts, and in policy published on its website for every innocent and unsuspecting Tom, Dick, and Harry in the world to be duped by -- stated an unequivocal and unwavering commitment . more

Fiber Optics: Thinking It Through

Doc Searls has an essay about bringing fiber optics to every home in America. It is aimed in the right direction, but makes a couple of mistakes on the numbers and falls to ground way short of its target. It troubles me that I appear to be the sole source for Doc's numbers (on the basis of some informal conversation and my Telecom Day speech in Wellington NZ last May). This post is an attempt to correct the record, and to create one where my previous thinking has been private. more

ICANN’s New gTLD Program Makes Some Progress (... Sort of)

True to form, the outcomes of the ICANN Board's new generic Top-Level Domain (gTLD) Retreat in Norway late last week haven't exactly provided the community with huge amounts of confidence in the fact that the new gTLD program will be finalised this year. But when you read between the lines, we may be able to provide supporters of the program with a little hope... more

New German Legislation Provides Copyright-Related Internet Platform Obligations

Recently, there has been an interesting development in the liability of Internet intermediaries in Germany, and I will comment here in this text. The "Act on Copyright Liability Online Content Sharing Service Providers" began to apply on August 1, 2021 in the country. This act is a German attempt to deal with the controversy generated by the approval in 2019 of the new European directive on copyright, specifically with article 17. more