My weekly technology law column focuses this week on the new CIRA whois policy that is scheduled to take effect on June 10, 2008. The whois issue has attracted little public attention, yet it has been the subject of heated debate within the domain name community for many years. It revolves around the whois database, a publicly accessible, searchable list of domain name registrant information (as in "who is" the registrant of a particular domain name). more
Bell filed its response to the Canadian Association Of Internet Providers (CAIP) submission to the Canadian Radio-television and Telecommunications Commission (CRTC) on its throttling practices yesterday, unsurprisingly arguing that its actions are justified and that there is no need to deal with the issue on an emergency basis. Several points stand out from the submission including its non-response to the privacy concerns with deep-packet inspection... and its inference that P2P usage could be deemed using a connection as a "server" and therefore outside the boundaries of "fair and proportionate use" under typical ISP terms of use. more
Today one of the headlines in Computer Sweden was that there is a dispute between Telia and the regulator PTS in Sweden. PTS requires Telia to stop locking out competing TV-distribution companies for IP-TV in the access network (DSL) that Telia runs. Specifically, they lean towards the fact Telia is dominant provider of the copper, and require Telia to competitors give access to the larger frequency band in the copper that they claim is needed for TV distribution. more
The Tyee, an independent on-line magazine based in BC wrote a story about net neutrality more than a year ago, noting that most Canadians are sleeping through the debate. They followed up again last week. Despite what is called a "perfect storm of events that may crystallize the issue for consumers, businesses, politicians, and regulators," there hasn't been an overwhelming outcry, despite extensive press coverage of the most recent network activities. There are a number of voices who present a conspiracy theory on traffic shaping in Canada... more
Going backwards upside down. That's what we're doing with telecommunications policy in the U.S. The Comcast affair should prompt a re-examination of many decisions the FCC, Congress, and the courts have made over the last few years. When the FCC reports on its reactions to Comcast's activities, the right response will be "You're asking the wrong question." "What is reasonable network management" isn't the question we should be asking... more
The London Times article (and a similar one in the Guardian) are based on dangerous misinformation. The net isn't slowing down, and nearly no technical experts believe major "overload" problems likely on the backhaul, core, or decent local loop... Net traffic per user, as documented by Odlyzko and Cisco, has been growing at about 35-40% the last five years, and that growth rate is flat and possibly down the last two years. The net has been able to handle the increase without price increases, much less overload, because the primary and rate limiting equipment (switches, routers, WDM, etc.) have simultaneously been going down at a similar 35-40%. Moore's Law is bringing costs down and capacity up at a remarkable rate. more
The Wall Street Journal today reported that FCC Chairman Kevin Martin wants to reject a Petition for Declaratory Ruling filed by Skype that would establish a wireless Carterfone policy, i.e., that wireless carriers must allow subscribers to use any compatible handset to access any application, content or software. Chairman Martin has confidence that the marketplace solutions obviate any necessary FCC intervention. Such optimism must derive in part from the apparently newfound willingness of one major wireless carrier, Verizon, to support aspects of open access. Perhaps Chairman Martin has confidence in the marketplace based on the magnanimous offer of most wireless carriers to pro-rate their early termination penalties by $5 a month. But here's the rub... more
Here are my opening remarks at F2C: Freedom to Connect yesterday: "I am honored to be among so many remarkable people. We have to be remarkable people, because we have a hell of a job to do. The Internet has been given to us. It is a miraculous gift, and a boon to our lives... at least in part because it accidentally matured outside the purview of profit and loss. Now the money has arrived. If you want to see what happens when the money arrives, look at Nigeria or Venezuela or Russia or Iraq..." more
In February, the FCC's Office of Strategic Planning and Policy Analysis published three studies (1, 2, 3) on spectrum licensing and spectrum utilization. Thanks to Nick Ruark for pointing them out... Reading on I was struck by a gaping hole in their assumptions. more
The white spaces proceeding is the next big opportunity for experiments in alternative ways of providing wireless highspeed internet access... A key advantage of unlicensed spectrum is that experiments in new technology can be carried out without asking the permission of spectrum licensees. To date, we have made very little spectrum available for unlicensed use and experimentation. The FCC has the discretion to decide whether the digital television "white spaces" may be used on an unlicensed basis... more
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