Policy & Regulation

Policy & Regulation / Most Commented

Why Regulate Cable Internet Access

The cable guys have their way of saying it: "What do you want to do, nationalize our businesses?" Another way of seeing this issue is: We have a very few very large providers of highspeed internet access in U.S. They have sufficient market power to decide how and when to prioritize internet communications. And all of these providers are competing with the internet in some way -- they are all (or are becoming) old media and old telecom companies that want to maintain control over their distribution channels. more

More on 700 MHz Block C Hits Reserve Price

This is big... For the upper band C Block, the FCC mandated that any winning licensee have in place "no locking" and "no blocking" provisions conditioning its use of this spectrum: "Licensees offering service on spectrum subject to this section shall not deny, limit, or restrict the ability of their customers to use the devices and applications of their choice on the licensee..." The no-locking, no-blocking requirements were hedged in by substantial limitations... But it's still important... Particularly if Google is the winning bidder, something we may not know for a month or so. more

NANOGGING

There are many network operator group meetings being held these days. Even in the backwater of the South Pacific where I live there is now AUSNOG, and NZNOG is just next door in New Zealand. We now have MENOG in the Middle East and AFNOG in Africa. The original NOG was the North American Network Operators Group (NANOG), and they have the T-Shirts to prove it! NANOG meets three times a year, and I attended NANOG 41 in October 2007. NANOG meetings cover a broad variety of topics, from operational tools, measurement, and peering practices through to a commentary on the state of the Internet industry. Here are my impressions of the meeting. more

The Third Stage of the VoIP Rocket Never Fired

Ten years ago was the dawn of Voice over IP (VoIP). The pioneering Israeli company VocalTec had just released its VoIP software for PCs (it was named iPhone, BTW). Industry guru Jeff Pulver (whom I now partner with in FWD) had begun to hold his Voice on the Net (VON) shows. As the founder of VoIP startup ITXC, I was invited to give a keynote at VON in Boston. The evolution of VoIP, I opined with the requisite PowerPoint slides, will be like a three stage rocket. I was right about the first two stages and dead wrong about the third... more

Radio Interview Discusses Domainers and Domaining

Damien Allen of VTalk Radio recently interviewed Professor Eric Goldman of the Santa Clara University School of Law on the topic of "Domaining". The interview covers the nature of domaining as a business and how it differs from cybersquatting. From the interview: "Often times the domainers are not particularly interested in profitable resale and, in fact, in my experience many times when domainers get complaints about domains, they'll just hand the domain name back, no questions asked and no money charged. They're not looking to make money from the resale of the domain names..." more

Trench Warfare in the Age of The Laser-Guided Missile

The historical development of spam fighting is allowing computer-aware criminals to take the upper hand in the fight against what has now evolved into a completely technologically and organizationally merged threat to public safety. If we do not change our strategic approach immediately, the battle, indeed even the war may be all but lost... Of late, much has been said in the popular and computer press about a vector that is annoying, but hardly critical in nature: 'Image spam'. Spammers have jumped on the new technology of 'image-only' payloads, which morph one pixel per message, rendering them unique, and traditional check-sum blocking strategies ineffective... Fortunately this fraudulent stock-touting scheme leaves a paper trail that has allowed for some successful prosecutions in the latter half of the year. Stock spamming, while popular at present time is likely to decline as legal actions increase... more

The First French Judicial Decision Over .EU

Over at VoxPI, Alexandre Nappey reports that, a few days ago, the first French judicial decision over a .eu domain name was released -- or more specifically the first decision over an application for a .eu name. The two parties own a trademark "EUROSTAR". They agreed on the coexistence of their respective marks in September 2004. Both applied for the same name 'eurostar.eu', on the same day. more

ICANN Does Something Technical!

I've often said that ICANN regulates the business of buying and selling of domain names and that ICANN's claim that it coordinates technical matters to preserve the stability of DNS is a fantasy. Well I am proven wrong. ICANN has done something technical. ICANN has issued Guidelines for the Implementation of Internationalized Domain Names, Draft Version 2 [PDF] (pending approval by the ICANN board.) It's only four pages long, but those few pages contain a lot of significant material. more

Signposts in Cyberspace: An NRC Report on the DNS and Internet Navigation

In light of the recent decision by the United States government to "maintain its historic role in authorizing changes or modifications to the authoritative root zone file" and ICANN's recent decisions to add more gTLDs (including .xxx), and to renew VeriSign as the .net registry, readers may be interested in the just-published report of the National Research Council's Computer Science and Telecommunications Board, Signposts in Cyberspace: The Domain Name System and Internet Navigation. ...a comprehensive policy-oriented examination of the Domain Name System in the broader context of Internet navigation. more

Live Nude Domain Names

ICANN announced recently that it has begun negotiations with an applicant for another 'sponsored' (non-open) top level domain, .XXX. There has been a fair amount of coverage, for and against. My initial reaction is (with the proviso that the public information to assess these things is always insufficient): .XXX seems plausible for what it is but it isn't what many probably think it is. ...that's the key to understanding this. This TLD is intended to be a trade association and is not a form of regulation. more

ICANN Approves New Domain for Adult Sites

The Board of Directors of the Internet Corporation for Assigned Names and Numbers (ICANN) has determined that the proposal for a new top level domain submitted by ICM Registry, Inc. has met the criteria established by ICANN. Accordingly, ICM Registry will now move forward into technical and commercial contractual negotiations with ICANN to generate a voluntary .xxx top-level domain (TLD). more

Open Ends: Civil Society and Internet Governance - Part II

This is the second part of a three-part series interview by Geert Lovink with Jeanette Hofmann, policy expert from Germany, where she talks about her experiences as a member of the ICANN's Nominating Committee and her current involvement as a civil society member of the German delegation for the World Summit of the Information Society (WSIS). "So much in the current debates over global governance seems to go back to the issue what place governments and individual nation states have within global governance. What has been your ICANN experience? Ideally, what would be the place of the state? Do you believe in a federal structure? Should, for instance, bigger countries, in terms of its population, have a great say?..." more

DNS WHOIS: Barking Up the Wrong Tree

As the Internet has grown and matured, it has become obvious to everyone involved that the DNS Whois system, as it currently exists, is not a sustainable way to share contact information for resolving network problems. ICANN, in an attempt to save DNS Whois, has plunged head long into the process of developing new policies aimed at fixing it. While I respect all of the hard work that has gone into this process, the results thus far have only made it clearer that this system faces intractable problems. more

Internet Meltdown?

Is the internet on the verge of a meltdown? A non-profit organization, People For Internet Responsibility (PFIR), is concerned that there is the risk of "imminent disruption, degradation, unfair manipulation, and other negative impacts on critical Internet services..." PFIR believes that the "red flag" warning signs of a potential meltdown include "attempts to manipulate key network infrastructures such as the domain name system; lawsuits over Internet regulatory issues... ever-increasing spam, virus, and related problems..." more

An Economic Analysis of Domain Name Policy - Part II

"Comparisons with Telecommunications Policy" is the focus of part two of a three-part series based on a study prepared by Karl M. Manheim, Professor of Law at Loyola Law School and Lawrence B. Solum, Professor of Law at University of San Diego. Special thanks and credit to Hastings Communications and Entertainment Law Journal, Vol. 25, p. 317, 2004. ...In the United States, an independent federal agency, under the direction of Congress, is charged with developing and implementing policies governing the major telecommunications industries. These include broadcast radio and television, wireline and wireless telephony, and video distribution via cable, wireless, and satellite. One might wonder why the Federal Communications Commission ("FCC") does not likewise have jurisdiction, at least in the US, over perhaps the most significant telecommunications industry -- the Internet. more