Unbridled Discretion and Prior Restraint: The Verizon and Comcast Stories

Let's say that providing communications infrastructure is an inherent function of a state. Most people think of the internet as a telephone system, and most people think the telephone companies aren't supposed to choose which calls will go through based on their content. People think that because they think internet access, like telephone access, is a utility -- like electricity conduit, water pipes, etc. -- that has something to do with the government, and the government isn't supposed to discriminate. more

Financial Times on Telecoms Separation

I've written that a Network Neutrality law needs a Network Management Exception, and I've laid out how this exception is likely to become a giant vacuum-cleaner-fish loophole. The way out is the separation of infrastructure from service, so infrastructure operators can have no financial interests in the services they carry, hence no motive to discriminate in anti-competitive ways. Now today's Financial Times has an editorial on the EC telecom regulator, Viviane Reding's proposal to beef up national telecom regulatory authority within European countries and create a Europe-wide so-called super-regulator. more

Leading a Horse to Water

It is one thing to bring broadband internet to the masses, but how do we make them drink from the fountain of knowledge? One of the challenges, of course, is that the industry has not yet sold turn-key applications that capture the imaginations of the unconnected. Surprising as it seems, email, Facebook, file swapping and web surfing have not yet attracted 100% of the population. Are there some applications that might lend themselves to a toll-free model in order to reach the rest of the market? more

Change of Leadership at ICANN as Cerf Makes Way for Intellectual Property Expert

Intellectual property and computer law barrister Peter Dengate-Thrush has been elected as new Chairman of the Board of the Internet Corporation for Assigned Names and Numbers (ICANN). The former chairman of InternetNZ, the country-code top-level domain (ccTLD) registry for New Zealand (.nz), and cofounder of the Association of Asian Pacific ccTLDs, succeeds the legendary Vinton Cerf... more

Making the Wireless World More Web-Friendly

Your wireless carrier (in the U.S., probably AT&T or Verizon Wireless) has a lot of control over the handset you can use and the applications that can run on that device. In fact, wireless carriers routinely ask for (and get) an enormous slice of the revenue from applications that work on their networks, and they force handset manufacturers to jump through all kinds of hoops in order to be allowed to sell devices that can connect to these networks... This has had bad effects on the ecosystem of the wireless world. more

How the Internet On Cable Became the Internet As Cable

When Rogers Communications began promoting its Rogers@Home high-speed Internet service nearly a decade ago, the company branded it "the Internet on Cable." Years later, their service, as well as those of their competitors, is gradually morphing into "the Internet as Cable" as broadcasters, Internet service providers, and cultural groups steadily move toward the delivery of content online that bears a striking resemblance to the conventional cable model. more

The Day The Routers Died

I hear this has been all over the network operator lists, so here it is for the rest of us. With apologies to Don McLean... more

Online Critics and Unlawful Harassment from Trademark Holders

The following is based on my experience and interpretation of the UDRP and the relevant laws of the United Kingdom and European Union. This is not legal advice but just my own experience and interpretation. How does a UK citizen create a non-commercial trademark.tld parody criticism website and avoid harassment from the trademark holder? Here are the steps... more

White Space in the Great White North

There is growing interest in the US for the FCC to look at White Space to enable more options for broadband wireless in rural areas. What is White Space? Last weekend, the Sunday NY Times published an article about wireless services that included this description: "In many areas, not all broadcast [television] channels are in use. The unused channels are "white spaces" of high-quality spectrum that could be made available to local Internet service providers. Unlike the much higher frequency of Wi-Fi, television broadcast frequencies can travel for miles and penetrate walls, providing a much broader range for Internet service." There is a coalition of eight technology companies driving the discussion in the US... more

How Big is the Storm Botnet?

The Storm worm has gotten a lot of press this year, with a lot of the coverage tending toward the apocalyptic. There's no question that it's one of the most successful pieces of malware to date, but just how successful is it? Last weekend, Brandon Enright of UC San Diego gave a informal talk at the Toorcon conference in which he reported on his analysis of the Storm botnet. According to his quite informative slides, Storm has evolved quite a lot over the past year... more

A Packet of Lies

I've been reading the kerfuffle around Comcast's blocking of various random network protocols with interest. Whilst I remain convinced that blanket "network neutrality" legislation remains just a form of digital gripe water (cures colic for cybernauts), there's clearly a problem. As I previously alluded there's a definite consumer protection issue over what you buy when it says 'Internet' on the tin. So here's tuppence worth of additional input... more

Why a Net Neutrality Law is Not Enough

Once we decide that Network Neutrality is a good thing to (re)enshrine in law, then we need to ask how to do that effectively. One way would be to pass a law saying, "Thou shalt not discriminate." That's the current approach. But network operators will say that they must manage their network, and if, in the course of network management, they were to disadvantage some source, destination, application, service or content, they might be accused of violating the law. So any Network Neutrality law must have a Network Management Exception... more

Thank Heavens for Class Action Lawyers

If you had an e-mail address any time in the past six years, you've probably gotten spam for something called VigRX for Men, with fairly specific promises that it will make you, ah, manlier. I always wondered how many nitwits could fall for this kind of nonsense. Thanks to a recent class action settlement, we now know that there have been quite a lot of them. A class action suit filed in 2001 in Colorado settled recently, with some quite amazing info in the documents available at http://lemsettlement.com. LEM stands for Leading Edge Marketing, the name used by the defendants for several companies in the US, Canada, and the Bahamas. more

What Did the Bush Admin Promise the Telco’s in Early 2001?

I have a hypothesis: The Bush administration came to power in December 2000. American telcos were on the precipice about to go into Free fall. We have seen how Bush politicized the Justice Department and are much more aware thanks to John Dean's Broken Government and Charlie Savage's Take Over of the intense desire to aggregate executive power to feed the Addingtons belief in the Unitary Executive. We now know that Cheney was meeting with the energy industry in early 2001 promising them whatever they wanted. We may begin to ask what the domestic telecoms industry was being promised? more

The Myth of Infinite Bandwidth

Back in the late 1990s I was often asked what I thought would happen if Internet bandwidth was infinite -- what would that change about the Internet itself? Level 3's (LVLT) recent decision to slash prices on its content distribution network and rumors of new multi-terabit cables across the Pacific have me wondering if we are actually getting closer to having infinite bandwidth. But when replying to the infinite bandwidth question I was prone to posing a return question -- what does infinite bandwidth actually mean? more