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The entire set of issues of network neutrality, interconnection and settlements, termination monopolies, cost allocation and infrastructure investment economics is back with us again. This time it's not under the banner of "Network Neutrality" but under a more directly confronting title of "Sender Pays." The principle is much the same: network providers want to charge both their customers and the content providers to carry content to users. more
In 2020, the ICANN Generic Name Supporting Organization (GNSO) Council approved a plan to revamp the WHOIS system as per the recommendations given by the ICANN Expedited Policy Development Process (EPDP). This plan directed ICANN to develop a centralized System for Standardized Access/Disclosure (SSAD) for WHOIS records. After much debate regarding the suitability and cost of such a system, ICANN brought together a group... more
On August 16, 2022, UN Secretary-General Antonio Guterres nominated ten high-level and eminent persons to serve in a new IGF Leadership Panel (ILP). The ILP includes luminaries like Vint Cerf, the father of the Internet, Tomas Hendrik Ilves, the former president of Estonia, and Maria Ressa, the Philippine woman who won the Nobel Peace Prize in 2021. It is an interesting mix of "usual suspects" and "fresh blood." more
At the end of July, the Open-ended Working Group (OEWG) on ICTs -- which is currently discussing how states should and shouldn't behave in cyberspace - concluded its third meeting, which falls in the middle of its four-year mandate (ending in 2025). Below, we provide a summary of what happened, reflections on the outcomes and implications (the good and the bad), and some practical recommendations for stakeholders and governments to consider ahead of the next meeting. more
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
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
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
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
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
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
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
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
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, 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
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
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