Policy & Regulation

Justice Department Recommends That the FCC Deny the Proposed ARCOS Cable Segment Connecting Florida and Cuba

In September 2020, I wrote a post on a proposed 56-kilometer link between the ARCOS undersea cable and the north coast of Cuba, near Havana. The Trump-appointed Justice Department Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector was to conduct a 120-day security review of the proposal.

AI Already Succeeding in Most Creative Tasks and Getting Better by the Day

It is redundant to point out how much progress AI applications made during the past few years. What is escaping the attention of many people, however, is that in most creative areas, there are already fully working consumer-grade tools based on generative AI that can produce output similar to that of a human with above-average capabilities, and there are many more on the way. These tools also happen to be rather affordable, making them accessible to a large amount of people.

Achieving Multi-Stakeholder Progress on DNS Abuse

DNS Abuse and how to address it has been the topic of intense, often conflictual, and rarely conclusive discussions for many years, starting with the very definition of the term and the degree of responsibility bestowed upon DNS operators. In 2018, after several months of intersessional work, the Internet & Jurisdiction Global Conference brought together in Ottawa more than 200 key stakeholders to define a roadmap to address certain jurisdictional challenges on the Internet, including DNS abuse.

ICANN Policymaking Should Be Even More Transparent

Transparency and accountability are embedded in ICANN's core values. Indeed, ICANN's Bylaws mandate that "ICANN and its constituent bodies shall operate to the maximum extent feasible in an open and transparent manner ...". Public Interest Registry believes that a dedication to transparency is fundamental to the strength and continued effectiveness of ICANN's multistakeholder model.

The Continuing WHOIS Disappearing Act

WHOIS is about to become even harder to find. ICANN has recently concluded long-delayed contract negotiations with industry meant to accommodate the technical migration from the WHOIS protocol to the Registration Data Access Protocol (RDAP). Instead of limiting the changes to what's necessary to implement the new technical protocol, the proposals effectively gut WHOIS, making it virtually impossible to find by eliminating web-based WHOIS access...

Solving the .US Registrant Data Directory Services (RDDS) Conundrum

Recently ten Democratic Members of Congress wrote a letter to Alan Davidson, head of the NTIA, requesting that the "NTIA immediately cease the public disclosure of personal information about users of .US" country code top-level domain (ccTLD). This communication highlights a significant concern regarding domain registration data: the need to protect the privacy rights of Registrants. However, an equally significant concern regarding registration data was raised...

Toward an ITU Renaissance

For nearly fifty years now, a significant portion of my professional engineering and lawyering life has been threaded through the International Telecommunication Union (ITU). It has included all of its multiple sectors, working on the inside for two Secretary-Generals and running its Relations between Members and Regulations Division, writing two books including "The ITU in a Changing World" with the late George Codding, representing the U.S. at several conferences...

Why Facebook Is Not a Common Carrier

The ever-entertaining Fifth Circuit has recently upheld a strange Texas law that forbids most kinds of social media moderation. (Techdirt explains many of the reasons the court is wrong, so I won't try.) This brings us to the trendy question of whether Facebook, Twitter, et al. should be treated as common carriers. You can make a good argument to separate the point-to-point data transport from the ISP and make the former common carriage.

Your Choice

Let's face it. The suppression of free speech is happening all over the Internet. Examples range from fanatics shouting down "unbelievers" in chatrooms to governments silencing voices to rig elections. We are equally convinced that freedom of speech as a principle should be generally upheld in cyberspace. This principle is strong where freedom and democracy are strong. It shines bright for those in search of freedom and democracy. Well, folks, think again. A recent experience has made me think otherwise.

How to Restore Trust Into Cyberspace? Beer Has the Answer!

Let's face it, when it comes to digital technologies, fundamental human rights are not on top of the digital agenda. They seem irrelevant and remote, even an obstacle to digital innovation and opportunities. We are quick to pay lip service to them, but we permit the profit motive and stakeholder self-interests to override human rights principles. It does not matter how right and righteous the cause might be; to be implemented, it must be profitable or carry stakeholder benefits.