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

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

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

DOJ to Cruz: .Com Price Freeze Can Be Extended to 2024

On August 31st the Department of Justice (DOJ) sent a response to the August 12th letter from Senator Ted Cruz and some Congressional colleagues to the head of the Antitrust Division. In that letter Cruz et al asserted that if the pending extension of the .Com registry Agreement (RA) was granted in combination with the consummation of the IANA transition, that DOJ could be prevented from having "meaningful input into the prices that Verisign charges for registering a domain name within the .com domain for an extended period". more

Green IT Revolutionizing UK Cyber-Infrastructure via Networks, Cloud, Outsourcing, Finan. Incentives

As readers of my blogs may know I have long argued that advances in research and education through cyber-infrastructure (or eInfrastructure) can be largely justified, if not entirely paid for through the energy savings of using clouds, networks or outsourcing. But a big impediment in adopting cyber-infrastructure in most jurisdictions is the lack of financial incentives. The energy savings of cyber-infrastructure are usually earned by the facilities or estates department or rarely based on to researchers and educators. more

Facebook vs Google: The Pot Calling the Kettle Black

In case you missed it a few days, a story broke that said that Facebook was caught hiring a PR firm to spread stories about Google about how they invade people's privacy... Even though I work for Microsoft and therefore can hardly be considered unbiased, I think Microsoft would be in a position to call out others for lack of privacy protection. I say this based on the fact that in my division, every new feature that we implement has to go through Privacy reviews... more

How Can WCIT Assist in Connecting the Rest of the World?

A key element of the World Conference on International Telecommunications (WCIT) is to connect the people around the world who are not yet connected. These are people in developing economies, but also people in rural areas within developed economies, as well as the 650 million people with disabilities. The question is whether the International Telecommunications Regulations (ITRs) that are being discussed at WCIT can assist in this. If we go back to 1988, when the current ITRs were first established, the focus was on access and interoperability. more

Using Electricity Infrastructure to Roll Out Broadband

The FCC proposal in its recently launched National Broadband Plan to share infrastructure is a very smart initiative indeed. Sharing infrastructure makes a lot of sense. Without it the business model for universal high-speed broadband will not stack up -- the costs of infrastructure is one of the most critical elements in any national broadband plan. Australia is following an identical course with the rollout of their National Broadband Network. In all six current rollout sites utilities are either already involved or are negotiating to become involved. more

McCain’s Tech Policy

I was hoping that McCain's Tech Policy would emphasize and extend the two McCain pro-Internet initiatives -- the McCain Lautenberg Community Broadband Act and Spectrum Re-regulation, neither of which have yet seen the light of day -- but it doesn't. In the first case, it makes a vague nod in the direction of "market failure and other obstacles." In the second, it treats spectrum policy as a done deal; now that we can surf the Web in coffee shops, we're done. more

Some Thought on the Paper: Practical Challenge-Response for DNS

Because the speed of DNS is so important to the performance of any connection on the 'net, a lot of thought goes into making DNS servers fast, including optimized software that can respond to queries in milliseconds, and connecting DNS servers to the 'net through high bandwidth links. To set the stage for massive DDoS attacks based in the DNS system, add a third point: DNS responses tend to be much larger than DNS queries. more

Greece Announces Plans to Install Free Public Wi-Fi Nationwide

Greece's Department of Telecommunications and Post (EETT) has announced plans to install 3000 public Wi-Fi hotspots around the nation beginning next year in both open-air and enclosed public spaces. more

SpaceX Authorized by U.S. Federal Communications Commission to Provide Broadband Satellite Services

The U.S. Federal Communications Commission approved an application by Space Exploration Holdings (SpaceX) to provide broadband services using satellite technology in the United States and around the world. more

5th ITAC OECD Newsletter: Internet Governance, WSIS+10, IoT, Cybersecurity, Trust, Standards…

Today the Internet Technical Advisory Committee (ITAC) to the OECD published the fifth edition of its newsletter. The ITAC was created in 2009 following the OECD's Seoul Ministerial with the objective to provide Internet technical and policy expertise to the work of the OECD on Internet-related issues. This informal group is coordinated by the Internet Society and currently counts 28 members active in domains such as open Internet/Web standards development, interconnection, IP addressing, security or privacy. more

Email More Secure Today Than Two Years Ago, Research Suggests

Google in partnership with the University of Michigan and the University of Illinois, has published the results of a multi-year study that measured how email security has evolved since 2013. Although Gmail was the foundation of the research, insights from the study are believed to be applicable to email more broadly. more

Modest Proposals for gTLD Profits

When does a non-profit organization become a profit-making one? This and similarly fundamental questions about ICANN's institutional character are raised by the high probability that the gTLD project will produce profits for ICANN. How much money those profits will amount to remains in question, but it is increasingly difficult for ICANN to say that there will be no profit at all. more