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Yesterday -- in a unanimous decision of the US Federal Court of Appeals for the DC Circuit (CADC) in ASTM v. Public.Resource.Org --- some of the worst standards paywalls came tumbling down. The court definitively determined that where governmental authorities incorporate private organisation technical standards into law by reference, non-commercial dissemination of those standards "constitutes fair use and cannot support liability for copyright infringement." more
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... more
The approval on 13 May by the European Council and Parliament of a near-final draft Directive on European Cybersecurity (NIS2) brings the world's most far-reaching cyber regime closer to realization. What is generally unknown, however, is the broad scope and global extraterritorial jurisdiction reach of the Directive. It applies to almost every online service and network capability that exists as infrastructure or "offered" anywhere in Europe. more
Two recent celebrated cybersecurity standards history events brought together sets of people who were intimately involved with some of the most significant network security standards work ever undertaken. These included the X.509 digital certificate standards at ITU X.509 Day, and the Secure Digital Network System (SDNS) standards at the NSA Cryptologic History Symposium 2022. more
When reading some of the nonsense constituting this initiative occurring in Washington, one wonders what planet the proponents live on. It is like peering through some perverse wormhole back to a 1990s Washington view of the world that saw “the internet” as some salvation for all the problems of humankind. For a world now focused on rolling out 5G virtualization infrastructure and content-based services and meshed devices, the challenges of cybersecurity and network-based harm to society, the initiative makes the U.S. Administration seem utterly out of touch with reality. Simply goofy. more
As I've pointed out in recent articles, the promises and obligations of the Memorandum of Understanding (MOU) are merged by direct reference into the InterNIC licensing agreement between the U.S. Department of Commerce and ICANN. This licensing agreement has been extended twice by mutual consent, most recently until January 2025. Therefore, the MOU's promises and obligations remain in effect through the InterNIC licensing agreement despite the fact that the MOU itself terminated in 2009. more
Reading the White House $100 billion broadband plan was a bit eerie because it felt like I could have written it. The plan espouses the same policies that I've been recommending. This plan is 180 degrees different than the Congress plan that would fund broadband using a giant federal, and a series of state reverse auctions. The plan starts by citing the 1936 Rural Electrification Act, which brought electricity to nearly every home and farm in America. more
We are on the cusp of a grave risk where unscrupulous groups with various agendas are using digital technologies to wage cultural war to stamp out dissent and gain control and power. The two most prominent recent examples are Donald Trump's "Make America Great Again" (MAGA) and China's Social Credit System (SCS). The following piece was prompted by work on the UDHR and Internet Governance series, for CircleID to deal with UDHR Article 27 and the role of culture, arts, and science in the life of the community. more
On July 2, 2002, Damien Cave published an interview on Salon.com with John Gilmore, "original 'cypherpunk' and all-around Internet supergeek," titled "It's time for ICANN to go." In this wide-ranging interview, Gilmore -- an early employee of Sun Microsystems who also co-founded Cygnus Software (acquired by Red Hat) and was an early supporter of the Electronic Frontier Foundation and the Internet Society (ISOC) -- offered blunt insight and eye-opening historical detail... more
Internet Governance, like all governance, needs guiding principles from which policy making, and acceptable behavior, are derived. Identifying the fundamental principles to guide Internet ecosystem policy making around digital citizenship, and around the integrity of digital practices and behavior, can and should start with the Universal Declaration of Human Rights, (UDHR). more
There is a lot of discussion about the Expedited Policy Development Process (EPDP) Phase 2 report on evaluating a System for Standardized Access/Disclosure (SSAD) to non-public gTLD registration data after the decisions taken by the GNSO Council on September 24th. Notably, the Business Constituency (BC) and the Intellectual Property Constituency (IPC) have voted against the adoption of the Final Report of the EPDP team. more
Neophotonics, the Nasdaq-listed producer of various optical communications products, including silicon photonics and photonic integrated circuits (PICs), warned investor this week that the new restrictions on business with China's Huawei - its largest customer - could have a major impact on future sales. more
After two years of grueling, complex and contentious debate, the ICANN EPDP team delivered its Phase 2 Final Report on July 31st, 2020. Unfortunately, and disappointingly, the policy recommended for the so-called "System for Standardized Access/Disclosure" (SSAD) fails to meet the needs of the users it supposedly is designed to benefit. more
I work with communities all of the time that want to know if they are unserved or underserved by broadband. I've started to tell them to toss away those two terms, which is not a good way to think about broadband today. The first time I remember the use of these two terms was as part of the 2009 grant program created by the American Recovery & Reinvestment Act of 2009. The language that created those grants included language from Congress that defined the two terms. more
Graham Linehan was banned from Twitter last week. Graham Linehan is an Irish writer and creator of Father Ted and Black Books. Twitter closed Graham Linehan's account for tweeting "men aren't women though" which twitter perceived as "hate speech" and offensive to the Trans community. Context always shapes meaning, and so I thought it would be useful to explore how hate speech is interpreted in California and then to see how it is treated in Fiji. more
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