The Freedom to Innovate Without Permission

In a speech this morning, widely heralded (and criticized) as a call for "network neutrality," FCC Chairman Julius Genachowski: "Why has the Internet proved to be such a powerful engine for creativity, innovation, and economic growth? A big part of the answer traces back to one key decision by the Internet's original architects: to make the Internet an open system." Now "open system" doesn't mean anarchy. The Internet has rules, technical standards codified in the unassuming sounding "Requests for Comment." more

Google’s Simple Home Page Now Patented

Ryan Tate of Valleywag writes: "After a five-and-a-half-year fight, Google and its attorneys have managed to convince federal bureaucrats to bestow a patent on the company's iconic home page. We always thought the page was brain-dead simple, but apparently it's an innovative 'graphical user interface. ...In other words, subject to how the patent is enforced, Google owns the idea of having a giant search box in the middle of the page, with two big buttons underneath and several small links nearby." more

Email Snooping Can Be Intrusion Upon Seclusion

Analysis could also affect liability of enterprises using cloud computing technologies... Local elected official Steinbach had an email account that was issued by the municipality. Third party Hostway provided the technology for the account. Steinbach logged in to her Hostway webmail account and noticed eleven messages from constituents had been forwarded by someone else to her political rival. more

Another Internet Governance Forum: in the U.S.A.

Milton Mueller, reporting today on the Internet Governance Project (IGP) website: "Although you may not have heard about it yet, there are plans afoot for an Internet Governance Forum for the U.S. The location has been set for Washington, DC at the Center for Strategic and International Studies. The date is set at October 2. The purpose of the affair is to debate, discuss and seek out common ground on some of the issues facing the global Internet Governance Forum operated by the United Nations, which will be held in Egypt November 15-18." more

Choosing the Right Path to a Permanent Accountability Framework for ICANN

Over the next month, the ICANN Board will consider its options for ensuring that some framework is in place to ensure ICANN's accountability to the global Internet community after the approaching expiration of its Memorandum of Understanding and Joint Project Agreement (MOU/JPA) with the U.S. Department of Commerce. We analyze these options in our new paper... more

US Broadband Speed 15 Years Behind South Korea at Current Rate of Growth

According to research by the Communications Workers of America (CWA), from 2007 to 2009, the average download Internet speed in the United States has increased by only 1.6 megabits per second (mbps), from 3.5 mbps in 2007 to 5.1 mbps in 2009. At this rate, CWA says it will take the U.S. 15 years to catch up with current Internet speeds in South Korea, the country with the fastest average Internet connections. "People in Japan can upload a high-definition video in 12 minutes, compared to a grueling 2.5 hours at the US average upload speed," says the report. more

Study Finds Some 4000 Domains Expired After Being Won in Court, Some Disputed Again by Same Company

According to a recent study on trends of disputed domain names, companies could save millions on legal costs by being more proactive about registering the names first. "The results indicate more than $220 million was spent on reclaiming domain names from third parties through the Uniform Domain Name Dispute Resolution Policy (UDRP)," says Corporation Service Company (CSC). "If brand owners had registered these domain names proactively, it would have only cost them $1.1 million (£600K), yielding a cost savings of $219 million." more

An End to Spam Litigation Factories? (Gordon v. Virtumundo)

When CAN-SPAM was passed in 2003, it was fairly clear that Congress wasn't trying to enable broad private enforcement. Everyone knew that rabid anti-spammers would seize any new statutory right for a litigation frenzy... Although I personally think Congress would better served all of us by omitting all private enforcement rights in CAN-SPAM, unquestionably the private rights in CAN-SPAM are drafted narrowly to prevent their abuses. That hasn't stopped some zealous anti-spammers from testing the limits of CAN-SPAM's private enforcement remedies anyway. more

Some Unsolicited Advice for AT&T re Google Voice

The FCC has posed a number of provocative questions to AT&T regarding the fact that iPhone subscribers cannot download and use the Google Voice application. AT&T should stifle every motivation to play cute or clever with the FCC. Apple adopted such a strategy when it suggested to the Library of Congress and others that it would be curtains for the free world if iPhone owners could hack, jailbreak, tether, and otherwise use their handsets without fear of violating the prohibition on circumventing copyright laws contained in the Digital Millennium Copyright Act. more

MAAWG Issues ISP Guidelines for End-User Bot Removal

Messaging Anti-Abuse Working Group (MAAWG) has issued the first best practices aimed at helping the global ISP industry work more closely with consumers to recognize and remove bot infections on end-users' machines. The paper outlines a three-step approach with recommendations for detecting bots, notifying users that their computers have been compromised, and guiding them in removing the malware. more

Content Filtering Ineffective, Harmful According to Public Knowledge Study

A report released today by Public Knowledge points out that their recent analysis indicates filtering Internet content, as advocated by media companies, will not be effective and in fact harmful to the Internet. An accompanying 60-page whitepaper contains the full report including a number of reasons why the user of copyright filters should not be allowed, encouraged or mandated on U.S. Internet Service Provider (ISP) networks. more

Poll Suggests Canadians OK With Internet Traffic Management If Treated Fairly

The Canadian Press reports: "Most Canadians support the idea of Internet traffic management as long as all users are treated fairly, a new poll suggests. The Canadian Press Harris-Decima poll found only about one in five of those surveyed had heard of Internet traffic management or "traffic shaping," a contentious issue now before the federal regulator... Sixty per cent of survey respondents said they found the practice reasonable as long as customers are treated fairly, while 22 per cent said Internet management is unreasonable regardless." more

I Needed Music ‘cos I Had None…

The latest report on young people's online music-finding habits from consumer research company The Leading Question has attracted a fair amount of coverage for its headline finding that UK teenagers use of filesharing services has dropped by a third... Music industry pollsters will inevitably look for a silver lining in the cloud of consumer behaviour, and a focus on the growth of legal services is to be expected. But even with that caveat in mind, there has clearly been a shift in behaviour as more young people find licensed ways to listen to the music they want, watching YouTube videos, streaming songs through MySpace and Spotify and generally using legal avenues to find and enjoy the music of new bands like Florence and the Machine. more

China’s Censorship Blowback

I'm not sure what the Chinese government is thinking, or whether certain parts of certain ministries and party apparatus have gotten completely out of control. Until recently, it had seemed to me that the Chinese government was managing its censorship system with surprising success... But this month, something shifted. It's unclear whether the shift is long-lasting or just temporary madness until the PRC's 60th anniversary on October 1st. more

Careful What You Wish For: Why ICANN “Independence” is a Bad Idea

ICANN controls the "root" of the naming hierarchy, designating the operators and managers of the top-level domains, like ".com" and ".net" and ".uk." Since its founding in 1998, ICANN has operated under a "Joint Partnership Agreement" (JPA) with the U.S. Department of Commerce. The current extension of this agreement is set to expire on September 30 of this year. Some advocates say it's now time for the U.S. government to cut its ties and let ICANN stand on its own. That's not a good idea. more