Policy & Regulation

IP Addresses Are Not Telephone Numbers - The Fundamental Flaw with the FCC’s Proposed Privacy Rules

Last month the FCC released a Notice of Proposed Rulemaking (NPRM) on Customer Proprietary Network Information (CPNI), the information telcos collect about consumers' phone calls. The Commission's proposed rules would adapt and apply privacy rules that have historically applied to the traditional telephone space to broadband carriers. It would also regulate how broadband providers use and share that data. more

Internet Governance in Transition: The ITU as a Battleground for Rival Visions

During the past few years, the International Telecommunication Union (ITU) has been a battleground where governments promote rival visions of how the Internet should be governed. Although there has been a recent cease-fire as Internet governance debates have focused more on the role of ICANN, those skirmishes may soon restart at the ITU... Co-authored by Ambassador Gross (chair of Wiley Rein's International & Internet Practice), Carl R. Frank, Umair Javed, and Sara M. Baxenberg (members of Wiley Rein's Telecom, Media & Technology Practice). more

Why You Should Demand ‘Net Morality’ Instead of ‘Net Neutrality’

I have come to the conclusion that "net neutrality" is an ethical issue at heart, one about the appropriate constraint of unfair ISP power. Some people are (I pray unintentionally) on the wrong side of a now-clear moral divide. They are claiming to prevent harmful abuse of power, when in reality their actions create fresh harm. A central issue is one of technical competence to comment. If your beliefs are disconnected from how the world works, you cannot evaluate whether you are espousing something sensible or silly. more

The Second Machine Age Calls for Vision and Leadership

This post I've been pondering on for a long time, but never found the right angle and perhaps I still haven't. Basically I have these observations, thoughts, ideas and a truckload of questions. Where to start? With the future prospects of us all. Thomas Picketty showed us the rise of inequality. He was recently joined by Robert J. Gordon who not only joins Picketty, but adds that we live in a period of stagnation, for decades already. "All great inventions lie over 40 years and more behind us", he points out. more

FBI vs Apple: A Bit Of Light Reading

Encryption is key to commerce online. Anything that weakens it is a threat to the digital economy, so the FBI vs Apple case is something that a lot of people are watching very closely... The most recent development is that Apple has filed "Motion to Vacate the Order Compelling Apple Inc. to Assist Agents in Search, and Opposition to the Government's Motion to Compel Assistance." Legal filings aren't light bedtime reading, but this one explores the legal issues as well as the privacy and security implications from multiple angles and underlines why this case is so important. more

ICANN CEO Fadi Chehade is Misleading the US Senate, Says Sen. Cruz

U.S. Sen. Ted Cruz (R-Texas) has released a statement today regarding a letter that Cruz, Sen. James Lankford (R-Okla.), and Sen. Mike Lee (R-Utah) received from Fadi Chehade, CEO of the Internet Corporation for Assigned Names and Numbers (ICANN) on Friday. more

Security, Backdoors and Control

Encryption is a way to keep private information private in the digital world. But there are government actors, particularly here in the US, that want access to our private data. The NSA has been snooping our data for years. Backdoors have been snuck into router encryption code to make it easier to break. Today at M³AAWG we had a keynote from Kim Zetter, talking about Stuxnet and how it spread well outside the control of the people who created it. more

The Growing Importance of Language in UDRP Proceedings

An increasing number of domain name disputes are being conducted in languages other than English, a trend that presents a new challenge for some trademark owners. In 2015, 85.77% of all domain names disputes at the World Intellectual Property Organization (WIPO) were conducted in English - down from an all-time average of 88.01% and a record high (in 2000) of 99.84% (disregarding 1999, the first year of the UDRP, because only one case was filed - in English -- that year). more

Just Another ‘Black Box’? First Thoughts on Twitter’s Trust and Safety Council

On Tuesday, Twitter announced the creation of the Trust and Safety Council, a body comprising 40 organisations and individuals from civil society and academia, tasked with "ensur[ing] that people feel safe expressing themselves on Twitter". The move is clearly a response to specific criticism of Twitter and its perceived inadequacies in dealing with hate speech?-- a theme so popular and well-trodden that it recently spawned a parody account. more

TLD Operators Should Not Police Content, Says EFF

Electronic Frontier Foundation (EFF) released a letter today stating "companies and organizations that run the Internet's domain name system shouldn't be in the business of policing the contents of websites, or enforcing laws that can impinge on free speech. more

Internet Governance Outlook 2016: Cooperation & Confrontation

In 2015 we saw many agreements on Internet Governance. 193 Governments agreed in the UN General Assembly on the WSIS 10+ Outcome Document. They agreed to extend the mandate of the IGF for ten years. They agreed to strengthen the multistakeholder approach. And they agreed to make more efforts to bring the next billion users online until 2020. The UN Group of Governmental Experts (GGE) agreed on a number of confidence building measures to strengthen cybersecurity. more

Cheers! Registries and Registrars Doing the Right Thing by Patients

Domain name registration is a hot industry. Registrars represent a growing multi-billion dollar industry with the keys to the Internet for any organization hoping to have a web presence. Further, because of their role as one of the gatekeepers to the Internet, registrars have the unique ability and are often asked to take action against illegal activity online. This fact was highlighted in the report released this week by the Office of the U.S. Trade Representative, the 2015 Out-of-Cycle Notorious Markets List. more

Encryption = good : Backdoor = bad

Every time there is a tragic attack on people or property, there is a cry from various authorities or politicians for law enforcement to get unfettered access to all kinds of communication tools. But that would cause far more harm than good, and is a really bad idea. The argument goes something like this: 'These bad actors hide behind encrypted communications to plan their evil deeds...' more

Officially Compromised Privacy

The essence of information privacy is control over disclosure. Whoever is responsible for the information is supposed to be able to decide who sees it. If a society values privacy, it needs to ensure that there are reasonable protections possible against disclosure to those not authorized by the information's owner. In the online world, an essential technical component for this assurance is encryption. If the encryption that is deployed permits disclosure to those who were not authorized by the information's owner, there should be serious concern about the degree of privacy that is meaningfully possible. more

Vehicle Manufacturers Tell Govt to Stay Off Regulating “Internet of Cars”

Major car manufacturers in U.S. are asking Congress to stay away from any type of increased regulation unless "absolutely necessary" as the industry evolves to take advantage of the "Internet of cars." more