Policy & Regulation

ICANN Auctioning New Top-Level Domains: Serving Public Interest or Its Own?

ICANN has recently published a number of updates to the implementation program for new gTLDs. One of these updates is a paper by ICANN's "auction design consultant PowerAuctions LLC". The document makes a case for an auction to be held for the "resolution of contention among competing new gTLD applicants for identical or similar strings." In other words, two (or more) applicants for ".bank", or applicants for ".bank" and ".banks."... more

How Rise in Nationalism and Industry’s Lack of Foresight Could Mean a Fragmented and Isolated Web

I have been thinking a lot lately on the topic of the free flow of information on the internet -- what kinds of tools are available now and in the future for governments (especially repressive ones) to control content, isolate their people and keep any contrary viewpoints censored. I had an interesting conversation with a Practice Lead from IFTF.org. The Institute for the Future (IFTF) is a California based independent, nonprofit research group with 40 years of experience in identifying emerging trends that will transform global society... Turns out they are quite concerned about the fragmentation and control of the Internet as well. But will it be an inevitability? more

FCC Banning Wireless Devices that Interfere with White Spaces Spectrum

The Federal Communications Commission (FCC) has proposed a ban on some wireless microphones and other low-powered devices that operate in the 700-MHz band after the digital TV transition in February, next year. This is part of an attempt to clear any potential interference with the "white spaces" spectrum which will be fully available for "public safety as well as commercial wireless services". more

Comcast Given 30 Days to Disclose Network Management Practices, Says FCC Order

In follow up to August 1st ruling against Comcast, Federal Communications Commission (FCC) in a 67 page order released today has given Comcast 30 days "to disclose the details of their unreasonable network management practices, submit a compliance plan describing how it intends to stop these unreasonable management practices by the end of the year, and disclose to both the Commission and the public the details of the network management practices that it intends to deploy following termination of its current practices." more

Lawrence Lessig’s Reaction to McCain’s Technology Plan

In reaction to U.S. republican presidential candidate John McCain's release of his technology policy statement on August 14, Lawrence Lessig has released a video presentation criticizing the tech plan for lack of change to important issues such as broadband penetration declines in the country. Early during the video presentation, Lessig has this to say: "...the single most important fact about internet's development in last decade has been the extraordinary decline United States has faced with respect to our competitive partners. We started the Bush administration at no. 5, we will end at no. 22. And the question anybody should be asking about internet policy here, is why we did so poorly and what change there might be to reverse that decline..." more

McCain’s Technology Non-Plan

The McCain technology plan is finally out. As expected, it's light on what most of us understand as "technology policy." There are many platitudes about the glories of lower taxes and private investment, but little understanding of just how profoundly communications and information technologies are changing our world. The good news, I suppose, is that McCain is finally talking about technology issues which he resolutely ignored for most of the campaign, and which his advisors dismissed as not worthy of Presidential attention. more

McCain’s Tech Policy

I was hoping that McCain's Tech Policy would emphasize and extend the two McCain pro-Internet initiatives -- the McCain Lautenberg Community Broadband Act and Spectrum Re-regulation, neither of which have yet seen the light of day -- but it doesn't. In the first case, it makes a vague nod in the direction of "market failure and other obstacles." In the second, it treats spectrum policy as a done deal; now that we can surf the Web in coffee shops, we're done. more

Open Web Foundation Launches to Push Data Portability

A new nonprofit organization called the Open Web Foundation (OWF) launched today with a mission to be an independent non-profit dedicated to the development and protection of open, non-proprietary specifications for web technologies. "The Open Web needs Open Data, Open Date needs Open Specifications," is one of the statements used in today's opening presentation. With backing from some of the biggest companies including Google, MySpace, Facebook, and Yahoo, the foundation plans to serve as a placeholder for "all the legal dirty work that needs to happen in order for data portability to become a reality." more

The Cost of Walled-Garden Designs

The Swedish morning daily Svenska Dagbladet on their editorial page yesterday writes about the EU threat to intervene at mobile roaming costs for voice, SMS and data. The editorial is pushing the point that it's wrong for the EU to try and price regulate the market, but instead the free market will prevail. They even seem to be indicating that the current pricing is fair and that an EU price regulation would hamper investments. In very general terms I would agree with the editorial... more

BT and Ofcom

About 16 months ago, I heard Ed Richards of Ofcom speak at a CITI conference at Columbia, and blogged about it here. I remember thinking that Richards didn't seem to think that highspeed access to the internet was all that important. The market had to demand it, and the market wasn't being demanding. Also, he wasn't interested in government intervention to support highspeed access... more

In Which We Explore the Federal Laws that Apply to Cyberstalking

Tragedies frequently result in flurries of legal activity. Last years witnessed the Myspace tragedy in which a 13 year old girl committing suicide. Unfortunately stalking laws have been clumsy tools that are difficult if not impossible for law enforcement officials to wield. Where existing laws respond poorly to tragedies, the option behind Door Number One is to enact a new law, and the option behind Door Number Two is to argue for a reinterpretation of current law that would somehow miraculously shoehorn the tragedy into the law. Unlike game shows, legal contestants can pick both doors -- which is what happened in this case. more

ICANN Takes First Step to Becoming a Global Content Regulator

There has been wide coverage of ICANN's decision this week to adopt a new process for creating new global Top Level Domains (gTLDs). Publishing a clear, transparent and objective process is thought likely to result in a considerable expansion of gTLDs -- although nobody really knows whether this means "quite a lot" or "many thousands"... Less attention has been given to one of the new tests ICANN will use when considering whether to approve a new gTLD, contained in GNSO's sixth recommendation... more

The FCC Stumbles Into Internet Filtering

What could be bad about free wireless Internet access? How about censorship by federally mandated filters that make it no longer "Internet." That's the effect of the FCC's proposed service rules for Advanced Wireless Service spectrum in the 2155-2180 MHz band, as set out in a July 20 Notice of Proposed Rulemaking. Acting on a request of M2Z Networks, which wants to provide "free, family-friendly wireless broadband," the FCC proposes to require licensees of this spectrum band to offer free two-way wireless broadband Internet service to the public, with least 25% of their network capacity. So far so good, but on the next page, the agency guts the meaning of "broadband Internet" with a content filtering requirement. more

The Future of the Internet: A Political View

Lets face it, gathering a collection of ministerial delegations to laboriously recite prepared speeches to each other sounds about as exciting as watching paint dry. And observing meetings where the major outcome appears to be limited to the scheduling of the next meeting can become somewhat tedious after a while. It should not be surprising that the level of expectation of tangible outcomes for such governmental meetings is invariably abysmally low. So what's the value of adding yet another meeting to governments' schedule? What makes the OECD-hosted ministerial meeting on the Future of the Internet Economy so unique in the context of the Internet's current political landscape and its political future? Why would a meeting about the dismal science of economics hold any interest at all? more

Swedish National Defense Radio Agency to Wiretap All Internet Traffic

Several people abroad have started mailing me and others asking if rumors of new legislation to be passed in Sweden on the 17th of June is for real. There are also reports in international forums starting to pop up. This is fairly old news, and I think that most of us are surprised that this has not generated more press both inside and outside Sweden earlier. This legislation will allow for the Swedish National Defense Radio Agency (FRA) to wiretap Internet traffic leaving the country... more