The ever-entertaining Fifth Circuit has recently upheld a strange Texas law that forbids most kinds of social media moderation. (Techdirt explains many of the reasons the court is wrong, so I won't try.) This brings us to the trendy question of whether Facebook, Twitter, et al. should be treated as common carriers. You can make a good argument to separate the point-to-point data transport from the ISP and make the former common carriage. more
Let's face it. The suppression of free speech is happening all over the Internet. Examples range from fanatics shouting down "unbelievers" in chatrooms to governments silencing voices to rig elections. We are equally convinced that freedom of speech as a principle should be generally upheld in cyberspace. This principle is strong where freedom and democracy are strong. It shines bright for those in search of freedom and democracy. Well, folks, think again. A recent experience has made me think otherwise. more
Let's face it, when it comes to digital technologies, fundamental human rights are not on top of the digital agenda. They seem irrelevant and remote, even an obstacle to digital innovation and opportunities. We are quick to pay lip service to them, but we permit the profit motive and stakeholder self-interests to override human rights principles. It does not matter how right and righteous the cause might be; to be implemented, it must be profitable or carry stakeholder benefits. more
The entire set of issues of network neutrality, interconnection and settlements, termination monopolies, cost allocation and infrastructure investment economics is back with us again. This time it's not under the banner of "Network Neutrality" but under a more directly confronting title of "Sender Pays." The principle is much the same: network providers want to charge both their customers and the content providers to carry content to users. more
In 2020, the ICANN Generic Name Supporting Organization (GNSO) Council approved a plan to revamp the WHOIS system as per the recommendations given by the ICANN Expedited Policy Development Process (EPDP). This plan directed ICANN to develop a centralized System for Standardized Access/Disclosure (SSAD) for WHOIS records. After much debate regarding the suitability and cost of such a system, ICANN brought together a group... more
On August 16, 2022, UN Secretary-General Antonio Guterres nominated ten high-level and eminent persons to serve in a new IGF Leadership Panel (ILP). The ILP includes luminaries like Vint Cerf, the father of the Internet, Tomas Hendrik Ilves, the former president of Estonia, and Maria Ressa, the Philippine woman who won the Nobel Peace Prize in 2021. It is an interesting mix of "usual suspects" and "fresh blood." more
At the end of July, the Open-ended Working Group (OEWG) on ICTs -- which is currently discussing how states should and shouldn't behave in cyberspace - concluded its third meeting, which falls in the middle of its four-year mandate (ending in 2025). Below, we provide a summary of what happened, reflections on the outcomes and implications (the good and the bad), and some practical recommendations for stakeholders and governments to consider ahead of the next meeting. more
On August 10, the FCC issued a press release denying the long-form applications of Starlink and LTD Broadband in the RDOF reverse auction. This is big news because these are two of the biggest winners of the reverse auction. LTD Broadband was the largest winner of the auctions at $1.32 billion, while Starlink had claimed over $885 million in the auction. more
FCC Chairman Jessica Rosenworcel has circulated a draft Notice of Inquiry inside the FCC to kick off the required annual report to Congress on the state of U.S. broadband. As part of preparing that report, she is recommending that the FCC adopt a new definition of broadband of 100/20 Mbps and establish gigabit broadband as a longer-term goal. I have a lot of different reactions to the idea. more
It is time to recognize the Internet as a public good - freely available like other basic infrastructures such as roads and sidewalks. In 1989 Tim Berners-Lee created the World Wide Web by taking advantage of open connectivity available among universities and research institutions. Today we see that same open connectivity within corporations, in our homes, and on university campuses. more
The war in Ukraine, Metaverse and Splinternet were among the most discussed items during the recent World Economic Forum (WEF) in Davos. The topic of cyber security was primarily about the role of cyberattacks in the Ukraine war. Cyber is not the focus of day-to-day public war reporting but is an integral part of warfare on both sides. This applies above all to the use of "social media." more
Quantum computers are coming, and the American Bar Association's SciTech section is beginning to consider the legal implications. This raises the question, will the legal profession be able to adopt emerging quantum technologies on a tech-business as a usual basis? Or will the developments flowing from quantum mechanical theory present a categorical challenge to the legal-industrial complex? more
On May 12th, European legislators head into their final trilogue negotiations around the NIS2 Directive. This week, the Internet Infrastructure Coalition (i2Coalition) shared guidance found below with negotiators, focused on the Directive's Article 23. i2Coalition has been detailing our concerns about Article 23 before even their public consultation in March 2021. more
On April 28, 2022, a "Declaration on the Future of the Internet," initiated by the U.S. government, was signed by 60 governments at the White House in Washington, D.C. According to Jack Sullivan, National Security Advisor to U.S. President Joe Biden, the Declaration is intended to serve as a reference document for future international negotiations on Internet-related issues. Is there a reason why the U.S. government is launching an initiative on the "Future of the Internet" at this point in time? more
The early stages of internet development operated in a culture of independence from outside influence. In fact, as though to commemorate the spirit of the times, in 1996, John Perry Barlow wrote "A Declaration of the Independence of Cyberspace." In it, he told governments they "have no sovereignty where we gather." He went on to state, "Ours is a world that is both everywhere and nowhere, but it is not where bodies live." more
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