Policy & Regulation

Too Little, Too Late? Why ICANN’s Proposed WHOIS Access System Isn’t Worth It

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

Time to Stop Talking About Unserved and Underserved

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

Freedom of Expression Part 1: Hate Speech, Linehan, Trans as a Protected Class in California

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

A Short History of Internet Protocol Intellectual Property

A little over 25 years ago, the Internet Society proposed that they assume responsibility for the DARPA Internet Protocol (IP) specifications Intellectual Property Rights (IPR) that were being evolved by the Internet Engineering Task Force (IETF) to facilitate their use by the mainstream network communication standards bodies and providers. Last week, the IETF, in an attempt to fend off alternative Internet Protocols emerging in the 5G ecosystem and create a standards monopoly, asserted... more

5G Leadership Reality Check: January 2020

As we embark on a new year and decade, it seemed worthwhile to take a peek at the principal forums for global 5G industry technical collaboration and do a quick assessment of what is occurring and who are the "leaders." The leadership dimension is especially relevant in Washington these days – which is suffering from a peculiar 5G dementia. As the year ended, there were no less than 35 current 5G related Congressional legislative actions, several of which actually passed one of the chambers. more

Putting Cyber Threats Into Perspective

As society uses more digital technologies we are increasingly also faced with its problems. Most of us will have some horror stories to tell about using computers, smartphones, and the internet. But this hasn't stopped us from using the technology more and more. I believe that most people would say that their lives would be worse without technology -- in developed countries but equally in the developing world. more

Enough’s Enough: It’s Time to Set a Deadline for the Next New gTLD Application Window

The ICANN community is currently in full congratulatory mode because the team responsible for the delivery of the Phase 1 Final Report of the Expedited Policy Development Process on gTLD Registry Data (EPDP) has managed to do so in a record-breaking seven months. The GNSO Council approved the Final Report in a special meeting on 4 March 2019, and the report will now be sent to the ICANN Board for consideration and hopefully adoption. more

America Will Not Win the Global Race to 5G

Several weeks ago, the White House published a document asserting that "America Will Win the Global Race to 5G." The White House should get over it. This is not about America winning any global race to 5G, but the world working together on fundamentally different, complex, new communication networks and services. There are four important points, however. more

Stop Using the Term “Open Internet”

Over the past few years, the term "open internet" has become popular among politicians in Washington and Europe. It is bandied about in political pronouncements that assert that everyone needs to somehow support the open internet without ever actually defining it. It is sometimes used as a synonym for Net Neutrality. In fact, it is a bogus public relations term that is rather like saying you believe in the Tooth Fairy. more

Has President Macron Thrown Multistakeholderism Under the Bus at UN IGF 2018 Paris?

Today, President Macron threw down the gauntlet to President Trump and the US administration on Multistakeholderism. In his welcome address to IGF 2018 Paris a few hours ago, President Macron challenged IGF to become more relevant by reinventing itself in factoring in multilateralism into IGF's non-decision-making body and to move beyond the mere talk-ship lip service it has been for the last 13 years. more

Over the Top Services at the ITU PP-2018: Considering the Pittsburgh Massacre

This past Saturday, a self-professed neo-Nazi massacred eleven worshipers at synagogue services in Pittsburgh. The killer was reported to have lived on and was incented by an "Over the Top (OTT)" service purposely established to facilitate extremist activities known as Gab. Within hours, the cloud service providers hosting their services announced they would no longer provide hosting services. Presumably, the threat of both potential civil litigation liability among other penalties, as well as adverse publicity, provided the motivation. more

First Do No Harm: Ensuring Compliance with the EU’s GDPR While Preserving Access to WHOIS Data

There is growing concern about how ICANN will comply with the EU General Data Protection Regulation (GDPR), whose enforcement sanctions come into force in May of 2018. How will ICANN comply with GDPR without unduly restricting global Internet users' access to the public WHOIS database? For nearly the past 20 years, Internet users, businesses, law enforcement and consumer protection agencies have relied on WHOIS as a necessary resource. more

Internet Governance Outlook 2018: Preparing for Cyberwar or Promoting Cyber Détente?

In 2018, Internet Governance will be one of the top priorities in the geo-strategic battles among big powers. In today's world, every global conflict has an Internet-related component. There is no international security without cybersecurity. The world economy is a digital economy. And human rights are relevant offline as well as online. It is impossible to decouple cyberspace from the conflicts of the real world. more

The Hack Back Bill in Congress is Better Than You’d Expect

Rep's Graves and Sinema recently introduced H.R. 4036, the catchily named Active Cyber Defense Certainty Act or ACDC act which creates some exceptions to criminal parts of computer crime laws. Lots of reports have decried "hack back" but if you read the bill, it's surprisingly well targeted. The first change is to what they call Attributional Technology, and says it's OK to put bait on your computer for an intruder intended to identify the intruder. more

The One Reason Net Neutrality Can’t Be Implemented

Suppose for a moment that you are the victim of a wicked ISP that engages in disallowed "throttling" under a "neutral" regime for Internet access. You like to access streaming media from a particular "over the top" service provider. By coincidence, the performance of your favoured application drops at the same time your ISP launches a rival content service of its own. You then complain to the regulator, who investigates... It seems like an open-and-shut case of "throttling" resulting in a disallowed "neutrality violation". Or is it? more