Policy & Regulation

No Free Super WiFi, But the US Still Needs Improved WiFi Coverage

The FCC has long battled for a more efficient deployment of unused spectrum, endeavouring to adapt rules governing 'white space' TV spectrum (largely gifted to broadcasters years ago, and generally in the 700MHz band) to newly released spectrum (in the 600MHz band). This will considerably improve wireless broadband coverage where it is needed most... Certainly, in the US's disjointed broadband sector there are considerable challenges ahead... more

The Biggest gTLD Problem Has Just Appeared on the Horizon

A letter sent earlier this month by the ICANN Board to the Governmental Advisory Committee (GAC) should cause every new gTLD applicant's ears to prick up. Having been through every one of the applications for 1,396 different Internet extensions, the world's governments not only issued formal warnings for 199 of them, but also asked what mechanisms were in place to make sure that people did what they said they would in their applications. more

Pandora’s Box - New US Cyber Security Bills Create a Worm Hole in the Internet Galaxy

There are two Bills that are floating through the corridors of power on the Hill that could potentially change the course of civil and political rights within the United States and the world. One was introduced through the House of Representatives and the other through the Senate. The two Bills touch on a common thread that are premised on "national security" however there are interesting challenges that will surface should the Bills be passed that affect global public interest that require further examination, introspection and discussion. more

Internet Governance Outlook 2013: “Cold Internet War” or “Peaceful Internet Coexistence”?

Anyone who expected that with the end of the Dubai ITU World Conference on International Telecommunications (WCIT) in December 2012, the heated debate on the future regulation of the Internet will slow down should remember to fairytale of the battle of the knight with the seven-headed dragon. Hardly a head is cut off, another is growing. In 2013 the discussion on Internet freedom will likely gain in sharpness. more

Calling Stumps at WCIT: Win, Lose or Draw?

The problem with setting expectations is that when they are not fulfilled the fallout is generally considered to be a failure, and while everyone wants to claim parenthood of success, failure is an orphan. In that sense it looks like the WCIT meeting, and the International Telecommunications Regulations (ITRs) that were being revised at that conference this month are both looking a lot like orphans. There have been a number of reports of the outcome of the two week... Most of the blogs were quick to characterize the outcome as a loss for the dark forces that lurked somewhere in the closets of the ITU's headquarters in Geneva. But there is more to it than that. more

To Flat or To Cap?

I don't think it's a surprise to anyone, but it's the Christmas season again and doubtless a large number of television sets will be sold as part of the annual retail festivities. But these days the devices for sale in the shops are not just televisions: today's television is perhaps better described as a media computer with a very large display. Sure, the device can tune in to radio transmissions and display them... but the device also is equipped with either a WiFi or an Ethernet jack, or both. This alone sounds like a relatively innocuous addition to the television, but it's providing to be a highly disruptive change in the traditional Internet market space. more

Three New Cyber Security Threats in One Day

Internet crooks never cease to surprise me. The inventiveness in being bad is super. If these guys lent their thinking power to the economy, the economic crisis would be solved within a week. Today I ran into three brand new cyber security threats that were reported on. In one day. So I thought to share them with you. more

Why the Republican Policy Brief on Copyright Should Have Been Withdrawn

On November 16, the Republican Study Committee, a caucus of conservative Republican members of the U.S. House of Representatives, inadvertently released a policy brief entitled "Three Myths About Copyright Law" which was quickly withdrawn. Of course, as a work of the U.S. government, this document does not itself enjoy copyright protection, so it is widely available on the internet through groups like The Internet Archive project. more

How Far Will U.S. Regulators Bend to AT&T and Verizon?

Recent events relating to the network plans of AT&T and Verizon are extraordinary: it appears that the commercial and lobbying clout of two major telcos is determining the telecom services which their customers can receive, the technology they will receive them with, and whether they will receive them at all. Already a large number of states have agreed to dismantle Carrier of Last Resort (COLR) obligations on them, while the FCC itself is being advised to change the rules to suit the business interest of the telcos. more

FISMA Failings: Could EPA’s IT Defense Deficiencies Silence the Agency?

The possibility of unauthorized access to EPA information raises an array of concerns since EPA-held data includes various types of Confidential Business Information, scientific research data, environmental databases, agency plans for responding to "incidents of national significance" and other security-related matters, and environmental monitoring data used in regulatory enforcement actions. more

Is the WCIT Indeed Wicked?

The traditional network operators see OTT services as a threat, and the companies offering them are perceived to be getting a free lunch over their networks - they are calling for international regulation. In particular, the European telcos (united in ETNO) have been claiming that this undermines their investment in infrastructure and they want to use the WCIT conference in Dubai later this year to lobby for regulatory changes that would see certain levies being levied - something that is strenuously opposed by, among others, the USA and the APAC countries. more

European Privacy Authorities Object to ICANN Whois Proposals

In response to a letter from ICANN's Noncommercial Users Constituency (NCUC) to data protection authorities concerning overreaching requests of law enforcement agencies in ICANN's ongoing Registrar Accreditation Agreement negotiations, the Article 29 Data Protection Working Party has written the ICANN Board. more

Report On National Online Cybercrime and Online Threats Reporting Centres

Today I released a report on 'National cyber crime and online threats reporting centres. A study into national and international cooperation'. Mitigating online threats and the subsequent enforcing of violations of laws often involves many different organisations and countries. Many countries are presently engaged in erecting national centres aimed at reporting cyber crime, spam or botnet mitigation. more

Is It Time for a Breakthrough in Securing Cyberspace?

This year in July gen. Keith Alexander, director of the National Security Agency and head of the US Cyber Command participated at DefCon, the hackers conference in Las Vegas. In his address, gen. Alexander said, among other things, "This is the world's best cybersecurity community. In this room right here is the talent our nation needs to secure cyberspace."... As someone, who is regularly meeting the top Russian cyber folks, I already know (unofficially, of course) how the words of gen. Alexander were met in Moscow. more

Problems With Defining Jurisdiction on the Internet

The term "jurisdiction" has various definitions in law, but for our purposes here we can say it is the power of some legal body to exercise its authority over a person or subject matter or territory. In the Internet today, it is territory that gives rise to many major issues. As in real estate, what matters in jurisdiction is "location, location, location". When the Internet and trademark rights began to intersect, it quickly became apparent that traditional concepts of the jurisdiction of courts and legislatures would be seriously strained by situations where a registrant in one country could use a registrar in a second country to register a domain name in yet a third country. more