Policy & Regulation

The Good, the Bad and the Ugly in the Google-Verizon Legislative Framework

Google and Verizon have developed a "Proposal" on Internet access which I am sure they expect to serve as a template, starting point and frame of reference going forward. In light of the FCC's judicial reversal in the Comcast case, the absence of substantive progress at the FCC and the unlikelihood of congressional action, two major stakeholder can and have taken the lead. It should come as no surprise that Verizon and Google have emphasized and begrudgingly compromised on their corporate interests.

Want a New gTLD? Some Items to Consider

Over three years ago ICANN boldly announced that the top level of the domain name system would be opened up to new registry operators. As we now approach a likely spring 2011 launch, a number of key issues remain unresolved including how trademarks will be protected.

New gTLDs and Their Hidden Costs: Part 2

In my last post I discussed some questions that remain about ICANN's generic Top-level Domain (gTLD) budget. Today I discuss the rights protections mechanisms as they currently appear. An economic study commissioned ICANN to analyze the new gTLD process recently concluded that "the biggest likely costs" of approving new gTLDs are "consumer confusion and trademark protection."

New gTLDs and Their Hidden Costs: Part 1

New generic Top-Level Domains (gTLDs) appear to be headed for introduction next year, finally. That's a good thing for many ICANN constituents who have been waiting for them to become available. Important questions persist about how new gTLDs will affect ICANN and its constituents, however, despite a lot of effort to resolve concerns. Pressing those questions should not be taken as criticism of the basic wisdom of making new gTLDs available to many constituents under many circumstances. But too much is at stake not to get it right.

Broadband Initiatives: Impact Will Depend on Wireless and Fixed Strategies

Broadband; we want it, and we all depend on it; but where you live can impact access and adoption of the best that service providers have to offer. The FCC is looking to change both geographic and demographic limitations now plaguing the U.S. in the global race for broadband economic supremacy. Can a combination of a fixed and wireless-mobile strategy improve broadband economic viability by increasing access, adoption, and affordability across the broadband spectrum?

About Those “Mission Critical” Bits

News that Google and Verizon are negotiating "better than best efforts" Internet routing probably comes across as a betrayal of sorts to network neutrality advocates. Bear in mind that Information Service Providers ("ISPs") do not file public contracts known as tariffs and have the freedom to negotiate deals with individual clients. On the other hand ISPs, regardless of their FCC regulatory classification, cannot engage in unfair trade practices that achieve anticompetitive goals such a tilting the competitive playing field in favor of a corporate affiliate, or special third party.

Even if Do-Not-Track Were a Good Idea, Could It Ever Work?

In a recent article, I read about increasingly intrusive tracking of online users, which has lead to a proposal at the FTC, "FTC Chairman Jon Leibowitz said the system would be similar to the Do-Not-Call registry that enables consumers to shield their phone numbers from telemarketers." Maybe I'm dense, but even if this weren't a fundamentally bad idea for policy reasons, I don't see how it could work.

The Issue of License Proliferation

When I was on the ICANN board, we were dealing with the issue of Internationalized Domain Names (IDNs), an initiative to allow non-latin characters in domain names. Technically, it was difficult and even more difficult was the consensus process to decide exactly how to do it. Many communities like the Chinese and Arabic regions were anxious to get started and were getting very frustrated with the ICANN process around IDNs. ... When I joined the Open Source Initiative board of directors, we were also struggling with a similar, but slightly different problem.

Cyberwar vs No Cyberwar

I was browsing CircleID the other day and came across Bruce Schneier's article on cyberwar. Schneier's article, and the crux of his point, is that the term cyber war and the threat of cyber warfare has been greatly exaggerated. The real problem in cyberspace is not the threat of cyber warfare wherein a foreign government, or possibly non-state actor, conducts a cyber attack on another nation.

FCC’s McDowell Warns of “Irreversible International Regulation”

The stakes of the U.S. communications policy debates are larger than many assume. Subjecting broadband to new and extensive regulation in the U.S., says FCC Commissioner Robert McDowell in today's Wall Street Journal, could invite a regulatory ripple effect across the globe.