Policy & Regulation

FCC Nixes Starlink and LTD Broadband

On August 10, the FCC issued a press release denying the long-form applications of Starlink and LTD Broadband in the RDOF reverse auction. This is big news because these are two of the biggest winners of the reverse auction. LTD Broadband was the largest winner of the auctions at $1.32 billion, while Starlink had claimed over $885 million in the auction. more

A New Definition of Broadband?

FCC Chairman Jessica Rosenworcel has circulated a draft Notice of Inquiry inside the FCC to kick off the required annual report to Congress on the state of U.S. broadband. As part of preparing that report, she is recommending that the FCC adopt a new definition of broadband of 100/20 Mbps and establish gigabit broadband as a longer-term goal. I have a lot of different reactions to the idea. more

The Internet as a Public Good

It is time to recognize the Internet as a public good - freely available like other basic infrastructures such as roads and sidewalks. In 1989 Tim Berners-Lee created the World Wide Web by taking advantage of open connectivity available among universities and research institutions. Today we see that same open connectivity within corporations, in our homes, and on university campuses. more

World Economic Forum Davos 2022: War in Ukraine, Metaverse und Splinternet

The war in Ukraine, Metaverse and Splinternet were among the most discussed items during the recent World Economic Forum (WEF) in Davos. The topic of cyber security was primarily about the role of cyberattacks in the Ukraine war. Cyber is not the focus of day-to-day public war reporting but is an integral part of warfare on both sides. This applies above all to the use of "social media." more

Law as Unusual: Quantum Computing’s Five-Dimensional Challenge to the Legal Establishment

Quantum computers are coming, and the American Bar Association's SciTech section is beginning to consider the legal implications. This raises the question, will the legal profession be able to adopt emerging quantum technologies on a tech-business as a usual basis? Or will the developments flowing from quantum mechanical theory present a categorical challenge to the legal-industrial complex? more

NIS2 Directive Article 23 Will Lead to Inconsistencies and Conflicts Within the Domain Name Industry

On May 12th, European legislators head into their final trilogue negotiations around the NIS2 Directive. This week, the Internet Infrastructure Coalition (i2Coalition) shared guidance found below with negotiators, focused on the Directive's Article 23. i2Coalition has been detailing our concerns about Article 23 before even their public consultation in March 2021. more

How to Save the “Past” in the “Future of the Internet”: Principles, Procedures and Problems of the Washington Declaration

On April 28, 2022, a "Declaration on the Future of the Internet," initiated by the U.S. government, was signed by 60 governments at the White House in Washington, D.C. According to Jack Sullivan, National Security Advisor to U.S. President Joe Biden, the Declaration is intended to serve as a reference document for future international negotiations on Internet-related issues. Is there a reason why the U.S. government is launching an initiative on the "Future of the Internet" at this point in time? more

Sanctions & The Regulation of IP Transfers

The early stages of internet development operated in a culture of independence from outside influence. In fact, as though to commemorate the spirit of the times, in 1996, John Perry Barlow wrote "A Declaration of the Independence of Cyberspace." In it, he told governments they "have no sovereignty where we gather." He went on to state, "Ours is a world that is both everywhere and nowhere, but it is not where bodies live." more

Optimistic Speculation on What Elon Musk Might Do With Twitter

Elon Musk is a self-proclaimed "free speech absolutist" which leads some to worry that Twitter will be open to the sort of thing one finds at gab.com if his purchase of the company is completed. I have no idea what Musk plans to do with Twitter but let me offer some optimistic speculation. For a start, I don't believe Musk will use Twitter to advance right-wing candidates or policy. more

CENTR Publishes Comment on the European Commission’s DNS Abuse Study

CENTR, which represents European national top-level domain name registries (ccTLDs) such as .si or .eu, has published its comments on the European Commission's DNS abuse study, calling out some of the "misleading analysis and unfortunate conclusions in the study." more

ICANN SSAD Proposal Poised to Succeed?

The GNSO Council and the ICANN Board both seem poised to grant sufficient runway to the community to refine an idea for a simple ticketing system designed to centralize requests for registrant information disclosures and provide meaningful data that is likely to help ICANN staff enhance its assessment of the SSAD proposal. This is very good news for those who advocate for consumer safety and trust on the Internet, and it is very good news for the ICANN multistakeholder model. more

It’s Time for a Better Vision of Internet Governance: From Multistakeholderism to Citizenship

We are experiencing a time of global challenges. How to mitigate global warming, fight a global pandemic, and prevent the spread of totalitarianism and war, are just some of the most urgent questions. Digital technologies offer us the tools to unite and face these challenges, instead, we have experienced the deterioration of the Internet into a Splinternet. Is Multistakeholderism, the currently dominant guiding principle of Internet Governance, still up to the task? more

Trusted Notifier Arrangements Require Trust: Why Unpacking Misunderstandings Around Trusted Notifiers Is Important for Dealing With DNS-related Abuse

Domain Name System (DNS) Operators (Registries and Registrars) receive notices asking them to take action on a wide range of alleged technical and content-related abuses. However, there is a fundamental question of when it is appropriate to act at the DNS level and the evaluation of whether the alleged abuse meets a sufficient threshold for action at the DNS level. Additionally, given the volume of abuses occurring on the internet, existing resources, mechanisms, and protocols available in-house to Operators are in many cases insufficient to address abuses in a timely fashion. more

Ukraine: What Are the Likely Implications for Norms and Discussions in Cyberspace?

The invasion of Ukraine by Russia on 24 February, and the events since, have shocked and horrified the world. The immediate focus must be on protecting the safety, security and human rights of the Ukrainian population. But we can already see how the war will also impact broader global events, discussions and behaviour, particularly relating to the digital environment. more

Creating a Russian No-Cyber Zone

In response to Russia's horrific invasion and war against the Ukrainian nation ordered by Dictator Putin that will live in infamy, an array of nations, organizations, and companies have responded to shun and shut off Russia in every possible manner. The actions include no-fly zones, removal from ICT network services, and essentially universal declarations of condemnation. For the first time ever, all Russian proposals to the International Telecommunication Union (ITU) quadrennial standards body plenary known as the WTSA have been "bracketed"... more