Policy & Regulation

ICANN SSAD Proposal Poised to Fail?

After years of work on a proposed standardized system of WHOIS data disclosures (referred to as SSAD), and over a year of operational assessment of the proposal by ICANN itself, the ICANN Board seems poised to reject the proposal. And rightly so. The proposed SSAD is entirely watered down, fractured, and affords no oversight powers to ICANN regarding disclosure decisions that would continue to be left to the complete discretion of individual registrars (the very parties ICANN oversees).

The EARN IT Act: The Wrong Solution to a Complex Problem

The EARN IT Act was reintroduced into Congress last Monday, with the promise that it would end Internet platforms' "blanket immunity" for "tens of millions of photos and videos" of child sexual abuse that they allow to circulate online. With the bill already scheduled for hearing in committee, it's on track to be passed quickly. And why shouldn't it be, if its sponsors' claims about it are true? Perhaps because they're not true.

A to Z on Internet Policy and Regulation – Brazil 2022

Time has come again, another year of general elections in Brazil. Some 30,000 candidates are running for Executive and Legislative seats: 1 President, 27 State Governors, 27 Federal Senators, 513 Federal Deputies, 1059 State Deputies, 24 District Deputies to govern 212+ million people and one of the largest economies in the world. For a few lucky industries, success and failure do not correlate with who is in power; for others, policy and regulation are everyday business.

Is Technology the Problem?

We do live in turbulent times. There is such a lot happening, with many people feeling overwhelmed and lost. One of the reasons given why we do have these problems is technology. I would argue against that. In all reality, technology is a tool that we can use, and yes, we all know that we can use it for the wrong reasons (cars kill people, atom bombs, killer robots, chemical and biological warfare and so on). However, we have learned to live with it, and in general, the outcome from science, innovation and technology has been positive.

The UK Seeks to Enforce Tougher Standards on MSPs

The UK government is proposing new regulations to strengthen cyber resilience in the private sector. Their intention is to expand cybersecurity rules for critical infrastructure (CI) operators to include managed service providers (MSPs), more stringent breach notification requirements, and legislation to establish the UK Cyber Security Council as the standards development organization for the cybersecurity profession. This is a welcomed development, but more details about implementation and enforcement are needed.

Dissecting the 2022 UK Cyber Security Strategy: The ‘Whole of Society’ Approach

The UK government launched its 2022 Cyber Security Strategy on 15 December 2021, outlining its ambitious plans to improve the resilience of UK institutions and businesses while protecting the country's interests in cyberspace. The strategy signals a more involved approach by the government, which previously relied heavily on the private sector for leadership. The government's stated commitment to a 'whole of society' approach sounds really good on paper, but what exactly does it really mean?

Internet Governance Outlook 2022: A Global Digital Compact or a Bifurcated Cyberspace?

This is the 10th edition of my annual Internet Governance Outlook. The first one was published on CircleID on January 3, 2013, just a couple of weeks after ITU's World Conference on International Telecommunications (WCIT). I wrote: "Anyone who expected that with the end of the Dubai Conference, the heated debate on the future regulation of the Internet will slow down should remember the fairytale of the knight's battle with the seven-headed dragon. Hardly a head is cut off, another one is growing."

Web3 - What Brand Protection Pros Need to Know

Avivah Litan, the storied Gartner analyst, laid it down succinctly for insiders in her blog two and one-half years ago. She said, "Web 3.0 will transform us from Web 2.0's monetization via surveillance capitalism and advertising to monetization built directly into the protocol that is equally available to any connected user." Translated, that means we'll control our destiny by owning and managing our credentials for logging into systems, content, financial resources, and, importantly, our data. And, we are told, blockchain technology will enable all that.

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.

My Broadband Predictions for 2022

It's that time of the year for me to get out the crystal ball and peer into 2022... I have no idea why it took a year for the administration to tee up a new Chairman and recommend a fifth FCC Commissioner. But once a new Commissioner is seated, the new FCC will tackle reinstating some version of Title II regulation, accompanied by net neutrality regulations. For yet another year, this won't come from Congress, which is the only permanent solution.