The DC Circuit Court of Appeals ruled on the last day of September that the FCC had the authority to kill Title II regulation and to repeal net neutrality. However, the ruling wasn't entirely in the FCC's favor. The agency was ordered to look again at how the repeal of Title II regulation affects public safety. In a more important ruling, the courts said that the FCC didn't have the authority to stop states and municipalities from establishing their own rules for net neutrality. more
At EuroDIG 2019 a workshop was organised around the topic of consolidation on the Internet. It was organised around four angles: technique, competition, society and human rights and; future research. One thing became extremely clear: no one contested that consolidation is taking place nor that this already has and will have an impact on the Internet and consecutively on society. more
Tonight (27 Sep 2019) you can watch the 2019 Internet Hall of Fame induction ceremony streaming live out of Costa Rica. Eleven individuals from six countries will be inducted into the Internet Hall of Fame (IHOF) today. The 2019 class of inductees have expanded the Internet's reach into new regions and communities, helped foster a greater understanding of the way the Internet works, and enhanced security to increase user trust in the network. more
There's a well-documented crisis facing the domain name system: very few who rely on domain name registration data from the Whois database to perform vital functions can do so any longer, which is escalating consumer harm and abuse on the internet worldwide. And the problems, thanks to ICANN's overly restrictive policy post-GDPR and a failing policy process, are piling up. more
In July 2019, Netzpolitik and others leaked an internal document by DG Connect that outlines the European Commission's thoughts on an update of the E-Commerce Directive. Based on this document, it seems that the domain name system and its actors will be prominently addressed in the Ursula von der Leyen's Commission-cycle from 2019 to 2025. more
With two simultaneous processes getting underway in the UN General Assembly's First Committee, the UN Group of Governmental Experts (GGE) and the Open-Ended Working Group (OEWG) on Cybersecurity, and several technology and multi-stakeholder initiatives pushing cybersecurity improvement, the world of cyber norms has become both more interesting and more complicated. more
Unlike most new IETF standards, DNS over HTTPS has been a magnet for controversy since the DoH working group was chartered on 2017. The proposed standard was intended to improve the performance of address resolutions while also improving their privacy and integrity, but it's unclear that it accomplishes these goals. On the performance front, testing indicates DoH is faster than one of the alternatives, DNS over TLS (DoT). more
Almost every institution which purports to provide space for public accountability includes some sort of formalized process by which the public can have their say. And in almost every instance, they struggle with a tension between the desire to provide a commenting process which is meaningful and substantive (or, at least, which appears to be so), and a desire to adopt whatever course of action the institution thinks is best. more
Orin Kerr recently blogged about a 9th Circuit decision that held that scraping a public web site (probably) doesn't violate the Computer Fraud and Abuse Act (CFAA)... On its surface, it makes sense – you can't steal something that's public – but I think the simplicity of the rule is hiding some profound questions. One, I believe, can most easily be expressed as "what is the cost of the 'attack'"? That is, how much effort must someone expend to get the data? Does that matter? Should it? more
In the run-up to the 14th Internet Governance Forum in Berlin, Germany, 25 to 29 November, different groups are discussing best practices pertaining to specific internet governance policy questions. These groups are open and thrive on your input and experiences. Their findings will be presented at the IGF and published shortly after. The IGF Best Practice Forums intend to inform internet governance policy debates by drawing on the immense and diverse range of experience and expertise... more
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