Policy & Regulation

The Wall Street Lesson for Net Neutrality

As the institutions of Wall Street continue to crumble one after another, there's a lesson to be learned for those of us who want to make sure the Internet remains as free and open in the future as it has been in the past. The collapse of Fannie Mae, Freddie Mac, Bear Stearns, Merrill Lynch, Lehman Brothers, AIG and the rest didn't happen overnight. The situation has been brewing for years. The subprime mortgage crisis may have precipitated the immediate tragedy, but underpinning the whole mess is a philosophy about business and government. more

New gTLDs: Comments on the Unsigned “The Economic Case for Auctions”

When Kurt Pritz briefed the Generic Names Supporting Organization (GNSO) Council (and observers) in Los Angeles April 10th and 11th, the new generic Top-Level Domain (gTLD) process model flows transition through an "auction" state in two of the three paths where two or more applications existed for the same (or similar) strings. At that time Kurt, speaking for Staff, was clear that the existence of a well-defined community was not dispositive, which surprised the Council members from the Intellectual Property Constituency... more

Comcast and the Internet

Today the FCC is condemning Comcast's practices with respect to P2P transmissions.I'm happy for FreePress and Public Knowledge today, and I know they have achieved a substantial change in the wind. The basic idea that it's not okay for network access providers to discriminate unreasonably against particular applications is now part of the mainstream communications discourse. That has to be good news. I'm concerned on a couple of fronts. The FCC has taken the view that it can adjudicate, on a case-by-case basis, issues that have to do with "Federal Internet Policy." They used that phrase several times... more

.hk the “Most Unsafe” Domains?

Hong Kong domains are the most dangerous in the world; this little factoid from a recent McAfee report generated quite a bit of media coverage, and even made TIME magazine's top stories list. But all is not as it seems, and aspects of the report may have been out of date before the report was even published. McAfee's study seems to be based on a year's worth of data, and last year was a particularly bad year for the Hong Kong domain, thanks to a gang of botnet spammers registering thousands of domains under the .hk ccTLD. These domains were most likely registered using stolen credit cards... more

700 MHz Update: Will VZ Comply with the Rules?

Last Friday (HT: IPDemocracy), Google filed a petition [PDF] asking that the Commission ensure that Verizon understands what those "open platform" requirements for the C Block really mean. Verizon has taken the position in the past that its own devices won't be subject to the "open applications" and "open handsets" requirements of the C Block rules, and Google says it is concerned that Verizon doesn't plan to follow those requirements in the future. This is big. Here's the background... more

New CIRA Whois Policy Strikes Balance Between Privacy and Access

My weekly technology law column focuses this week on the new CIRA whois policy that is scheduled to take effect on June 10, 2008. The whois issue has attracted little public attention, yet it has been the subject of heated debate within the domain name community for many years. It revolves around the whois database, a publicly accessible, searchable list of domain name registrant information (as in "who is" the registrant of a particular domain name). more

ICA Posts Position Paper and Analysis of Snowe “Anti-Phishing” Legislation

The Internet Commerce Association (ICA) has posted a position paper and analysis of S. 2661, introduced on 2/25/08 in the US Senate. While we are firmly opposed to phishing and other criminal activities that may utilize domain names we are very concerned about the provisions of the proposal that appear to provide trademark owners with a means to avoid both UDRP and ACPA actions and alternatively bring private claims against domain names with a lower burden of proof and the potential for far higher monetary damages, without even requiring an allegation that the DN was in any way being utilized in a phishing scheme... more

iREIT Drops TM-Typo Domains?

As faithful CircleID readers will know, iREIT (Internet REIT, Inc.), a Texas domain name portfolio investment corporation, has been sued by Verizon and by Vulcan Golf for cybersquatting. It appears iREIT is taking steps to clean up its portfolio by deleting obvious typos of famous trademarks... more

Aging the Internet Prematurely, One PDP at a Time

After blogging about ICANN's new gTLD policy or lack thereof [also featured on CircleID], I've had several people ask me why I care so much about ICANN and new top-level domains. Domain names barely matter in a world of search and hyperlinks, I'm told, and new domains would amount to little more than a cash transfer to new registries from those trying to protect their names and brands. While I agree that type-in site-location is less and less relevant, and we haven't yet seen much end-user focused innovation in the use of domain names, I'm not ready to throw in the towel. I think ICANN is still in a position to do affirmative harm to Internet innovation. more

Recent COPA Ruling Shedding Light on Usefulness of XXX as Voluntary Self Regulatory Vehicle?

ICM Registry applauds the decision yesterday of Judge Lowell Reed of the United States District Court for the Eastern District of Pennsylvania in ACLU v. Gonzales to permanently enjoin enforcement of the Child Online Protection Act ("COPA"). Praising Judge Reed's meticulously documented opinion, ICM Registry President Stuart Lawley said, "This continues the unbroken chain of court decisions in the U.S. upholding free expression on the Internet, and it underscores the superiority of voluntary measures that empower users to select content compared with government regulations." Lawley concluded, "Now, more than ever, it underscores the need for ICANN to approve the proposal for a voluntary .xxx domain as another alternative to government regulation." more

Who is ICANN and Where Does it Fit With Internet Governance?

You'd be surprised how many people are asking that question at the moment, but you won't be surprised to know that the only thing they agree on is that they either don't know, or that they disagree with the people that believe they do. I am not going to attempt to provide my own answer, but I will point to a paper just released by the Parliamentary Office of Science and Technology (POST). POST, among other things, produces regular, concise briefings for the UK Parliament on whatever are the important topics of the time. And they have now done one on Internet Governance. more

Addressing the Future Internet

What economic and social factors are shaping our future needs and expectations for communications systems? This question was the theme of a joint National Science Foundation (NSF) and Organisation for Economic Co Operation and Development (OECD) workshop, held on the 31st January of this year. The approach taken for this workshop was to assemble a group of technologists, economists, industry, regulatory and political actors and ask each of them to consider a small set of specific questions related to a future Internet. Thankfully, this exercise was not just another search for the next "Killer App", nor a design exercise for IP version 7. It was a valuable opportunity to pause and reflect on some of the sins of omission in today's Internet and ask why, and reflect on some of the unintended consequences of the Internet and ask if they were truly unavoidable consequences... more

How Could the Internet be Governed: Perspective from Bulgaria

In the last few years there have been many discussions on how the Internet is governed, and how it should be governed. The whole World Summit on the Information Society (WSIS) ended talking about this problem. It caused exchange of letters between the US Secretary of State and the European Union presidency. And it caused a public discussion, organized by the US Department of Commerce on that issue. I saw some reflection of this discussion and here are some comments on that. My colleague Milton Mueller of the Syracuse University sent me an e-mail today in which, among other, it says, "A global email campaign by IGP generated comments from 32 countries... more

The Geography of Internet Addressing

The ITU-T has proposed a new system of country-based IP address allocations which aims to satisfy a natural demand for self-determination by countries; however, the proposal also stands to realign the Internet's frontiers onto national boundaries, with consequences which are explored here. ...we do indeed see the Internet as a single entity, and we even speak of the Internet's architecture as if there was one designer who laid out a plan and supervised its construction. But despite all appearances, the Internet landscape is indeed made up of many separate networks... This article will explore these issues, particularly in light of recent proposals to introduce new mechanisms for IP address management, a prospect which could, over time, substantially alter both the geography of the Internet, and its essential characteristics as a single cohesive network. more

Internet Management and National Security: Time for a Federal Action Plan

Former CIA Director George Tenet recently gave a speech highlighting the need for federal action on internet management in order to protect national security. As reported by the online edition of Government Executive, Mr. Tenet explained that, "greater government regulation of the Internet and telecommunications networks is needed in order to guard against terrorist attacks." more