Policy & Regulation

Policy & Regulation / Featured Blogs

GDPR - Territorial Scope and the Need to Avoid Absurd and Inconsistent Results

There is an urgent need to clarify the GDPR's territorial scope. Of the many changes the GDPR will usher in this May, the expansion of EU privacy law's territorial scope is one of the most important. The GDPR provides for broad application of its provisions both within the EU and globally. But the fact that the GDPR has a broad territorial scope does not mean that every company, or all data processing activities, are subject to it. more

Suggestions for the Cuba Internet Task Force

The Cuba Internet Task Force (CITF) held their inaugural meeting last week. Deputy Assistant Secretary for Western Hemisphere Affairs John S. Creamer will chair the CITF, and there are government representatives from the Department of State, Office of Cuba Broadcasting, Federal Communications Commission, National Telecommunications and Information Administration and Agency for International Development. Freedom House will represent NGOs and the Information Technology Industry Council will represent the IT industry. more

Software-Defined Networking: What’s New, and What’s New for Tech Policy?

The Silicon Flatirons Conference on Regulating Computing and Code is taking place in Boulder. The annual conference addresses a range of issues at the intersection of technology and policy and provides an excellent look ahead to the tech policy issues on the horizon, particularly in telecommunications. I was looking forward to yesterday's panel on "The Triumph of Software and Software-Defined Networks", which had some good discussion on the ongoing problem surrounding security and privacy of the Internet of Things (IoT)... more

The New State Department Cyberspace Bureau: from Multilateral Diplomacy to Bilateral Cyber-Bullying

These days in Washington, even the most absurd proposals become the new normal. The announcement yesterday of a new U.S. State Department Cyberspace Bureau is yet another example of setting the nation up as an isolated, belligerent actor on the world stage. In some ways, the reorganization almost seems like a companion to last week's proposal to take over the nation's 5G infrastructure. Most disturbingly, it transforms U.S. diplomacy assets from multilateral cooperation to becoming the world's bilateral cyber-bully nation. more

Preparing for GDPR’s Impact on WHOIS - 5 Steps to Consider

With GDPR coming into effect this May, it is almost a forgone conclusion that WHOIS as we know it today, will change. Without knowing the full details, how can companies begin to prepare? First and foremost, ensuring that brand protection, security and compliance departments are aware that a change to WHOIS access is on the horizon is an important first step. Just knowing that the ability to uncover domain ownership information is likely to change in the future will help to relieve some of the angst that is likely to occur. more

Transition of the Telecoms Industry Is Overdue

It is interesting to observe the changes in the telecommunications environment over the last few decades. Before videotex (the predecessor of the internet) arrived in the late 1970s early 1980s, 90% of telecommunications revolved around telephone calls. And at that time telephony was still a luxury for many, as making calls were expensive. I remember that in 1972 a telephone call between London and Amsterdam cost one pound per minute. Local telephone calls were timed... more

From Crisis to Resilience - the Path to Sustainable Communications Infrastructure in the Caribbean

The Caribbean suffered six major storms in 2017, including the record-breaking Category 5 hurricanes Irma and Maria. In the unprecedented destruction, the islands of Dominica and Barbuda lost all communication and telecommunications service, and eight other Caribbean countries were severely disrupted. Each hurricane season wreaks greater devastation than the last, yet decreased telecommunications competition, inadequate regulation, and high national debt burdens in the region yield ever-diminishing infrastructural investment. more

The Cuba Internet Task Force - a Win for Trump and Castro

President Obama began working on Cuban rapprochement during his 2009 presidential campaign. After over five years of thought and negotiation, the Whitehouse announced a major shift in Cuba policy, which included allowing telecommunications providers "to establish the necessary mechanisms, including infrastructure, in Cuba to provide commercial telecommunications and Internet services, which will improve telecommunications between the United States and Cuba." more

Wow, a U.S. Ministry of 5G

This seemed to be the reaction this morning worldwide to the leaked alleged PowerPoint slides detailing the White House strategic options for a U.S. national 5G infrastructure. The gist of the slides has apparently been confirmed to Reuters by unnamed "Trump security team members." The options apparently range between creating a U.S. Ministry of 5G resembling the old world of government Post, Telegraph and Telecommunication (PTT) agencies of bygone years, and sawing off the U.S. ICT infrastructures and services from the rest of the world. more

Businesses and Intellectual Property Owners Discuss GDPR and WHOIS Issues With ICANN and Community

On January 24, 2018, ICANN's Business Constituency (BC) and Intellectual Property Constituency (IPC) co-hosted an event to discuss the EU's General Data Protection Regulation (GDPR) and its implications on access to the WHOIS database. ICANN's CEO and General Counsel joined the discussion, as did stakeholders from across the ICANN community. The event was timely and well attended with over 200 participants attending in-person or virtually. more