The Rise of WiFi Sensing and Its Implications for Home Security and Surveillance

It's incredibly hard to keep things private in the new digital age. There are far too many stories circulating about people who talked to a friend on the phone or texted about something and almost instantly got hit with ads for the subject of the conversation. And that happens without malware - no telling what information you're giving out if your devices have been infected with malicious software that is spying on you. more

Thinking Carefully About New gTLD Objections: String Confusion (Part 1 of 4)

Since speaking last fall on community-based TLDs at the New gTLD Summit in Los Angeles, I have been asked a number of times to provide input on the objections ICANN allows in its New gTLD Applicant Guidebook ("AGB" or simply the "Guidebook"). As the March 13 deadline approaches, I now present the first of a series of four spotlight articles on the subject -- one on each of the four permissible grounds for objection. 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

UDRP and the ACPA Differences, Advantages and Their Inconveniences

The ACPA and the UDRP provide two separate and distinct methods for resolving domain name disputes. Both alternatives have many critics and proponents, but the true value of each will ultimately be determined by how well each combats cyber-squatting. Separately, the UDRP and the ACPA will probably work well to defuse most of the cyber-squatting that is currently invading the Internet. If combined together the UDRP and the ACPA can be a cost saving and effective way to prevent cybersquatting... more

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

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

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

NJ Man Arrested for Domain Name Theft and Sale on eBay

A man from the northern New Jersey area was charged and arrested for stealing a domain name belonging to the owners of P2P.com. According to reports, he allegedly transferred the ownership of the domain name to himself and succeeded in reselling it on eBay to a professional basketball player Mark Madsen of the Los Angeles Clippers. 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

Are Cable Companies a Broadband Monopoly?

One of the products my consulting firm offers are statistically valid surveys and conducting surveys has let us get a close look in many communities at the mix between cable broadband and telco DSL. In the last few years, the percentage of DSL subscribers in towns with a good cable company network has plummeted. It's not unusual to see DSL market penetration in bigger towns of 10% or less, meaning in most cases that the cable company has essentially won the competitive battle. more

Kelly’s Case Updated: A Need for Further DNS Registrar Industry (Self-)Regulation

After ten hectic days, the young Clemson civil engineer turned MBA entrepreneur -- who turned a passion for helping equestrians care for their horses into a website enterprise -- had the HorseDVM.com domain, and its IPR returned to HorseDVM LLC. Ultimately, however, it was the registrant who realized the registrar had wrongfully sold him the domain and the unfairness of what had occurred, who facilitated the return. The culpable registrar ultimately did nothing but unfailingly support its auction subsidiary's sale... 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

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

The Latest on GDPR and WHOIS

GDPR. It's the four-letter "word" everyone is talking about, and there are lots of questions still swirling around the topic. We wanted to provide a summary of where we are and what we believe the next ten days will bring... GDPR enforcement will begin May 25, 2018. After this date, those found in violation of the regulation can be fined up to 4% of annual global turnover or 20 Million Euros, whichever is greater. more

White Spaces: Timing

Last week's emergency petition by the broadcasters to delay the FCC's Nov. 4 vote is just part of the white spaces atmosphere right now. Ars Technica reports that the mud is really flying -- the broadcasters are accusing proponents of white space use of wanting to kill off television. It's a familiar argument -- "If you do Y, broadcast television as we know it will be destroyed." more