Policy & Regulation

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Finland’s Broadband USO an Inspiration for Europe

Europe's governments are increasingly acting on the popular belief that the Internet should be a basic right, and that citizens not disposed to using IP-based services should nevertheless have access to its infrastructure. As such, governments either have already introduced legislation to this effect or are in the process of doing so. First off the block was Switzerland: from January 2008 Swisscom's 10-year renewed USO (universal service obligation) has included the provision of broadband at a regulated price. more

Another Year, Another ICANN NomCom

Another challenging year due to the Corona pandemic is coming to a close, and ICANN has held another virtual annual general meeting (AGM) -- the 6th in a row. Unlike last year, today, we can hope for a better next year. In many regions of the world, the figures look better, and the opening is progressing. That at least gives us hope that ICANN will hold face-to-face meetings again next year -- at least they are planning it so. That should also make it easier for the new Nominating Committee (NomCom). more

Why Overseas Registries Shouldn’t Worry About China’s New Domain Name Regulation

On March 25th, 2016, the Ministry of Industry and Information Technology (MIIT) officially posted its revisions to the "Chinese Measures for the Administration of Domain Names" (2016 edition) for public comment. A decade has gone by since the latest administration measures were introduced in 2004 (2004 edition). Registries and registrars have been longing to see this update for a while, and it is therefore no surprise that the new edition has drawn substantial attention at home and abroad. more

Starting a New Conversation on Cybersecurity

The cybersecurity debate can be highly confusing at times. There is perhaps an analogy to be made between "Cybersecurity" and "The Economy". We all want to fix the economy but making progress is not an easy task. As soon as you are beyond that statement you notice that there is a lot of nuance. Issues like trust, influence, actors, and affectivity all come to play when you want to fix the Economy. The cybersecurity discourse has similar features. more

GDPR - Territorial Scope and the Need to Avoid Absurd and Inconsistent Results

There is an urgent need to clarify the GDPR's territorial scope. Of the many changes the GDPR will usher in this May, the expansion of EU privacy law's territorial scope is one of the most important. The GDPR provides for broad application of its provisions both within the EU and globally. But the fact that the GDPR has a broad territorial scope does not mean that every company, or all data processing activities, are subject to it. more

Will Harding’s Mistakes in International Telecommunication Cooperation be Repeated?

The International Telecommunication Union recently began a well-deserved celebration of one of the real success stories in international cooperation -- the 110th anniversary of the Radio Regulations as a treaty instrument. An ITU publication describes the historical highlights. Global cooperation among governments in managing radio spectrum via the Radio Regulations has been generally regarded as essential from the outset in the early years of the 20th Century and remains so today. more

The ICANN Quilombo

Argentines use the word "quilombo" to describe "a real mess", which is what I feared was awaiting us at the outset of ICANN's meeting in Buenos Aires this week. Since then, ICANN President Fadi Chehade has done a good job cleaning-up the internal process quilombo he and the board created. But ICANN's leadership has left the ICANN community struggling to answer deep and ongoing questions about the future of the Internet and the multistakeholder model. more

Petition to Decrease US Government Funding to the ITU

I have a "We the People" petition up on the White House website to decrease the US government funding to the ITU from $11M/year to the minimum $22K/year and minimize the USG head-count at meetings, with all of the reclaimed resources going to support Internet governance and diplomacy supporting the multistakeholder Internet governance model. more

Bad Timing: Comcast, Netflix, NN, Cable Modems, and NBCU

Comcast, the largest broadband provider, largest pay-TV company, and third-largest telephone company in the country, distributes communications services to more than a third of the country. Today Comcast's existing overwhelming market power was on display in major public battles with (1) Level 3 and (2) cable modem manufacturer Zoom. The takeaway from today: No market forces are constraining Comcast -- or any of the other major cable distributors, none of which compete with each other. more

Internet Governance and the Universal Declaration of Human Rights, Part 7: Articles 20-21

Internet Governance, like all governance, needs to be founded on guiding principles from which all policymaking is derived. There are no more fundamental principles to guide policymaking than the Universal Declaration of Human Rights (UDHR). This article, Part 7 of a series, looks at Articles 20 and 21 and explores how principles in the UDHR and lessons learned over the last half-century help define the rights and duties of one's engagement in the digital spaces of the Internet ecosystem. more

Senate Oversight Hearing Explores “Test Drive” of IANA Transition

The IANA transition still appears to be on track for consummation at the end of the September 30th expiration date of the current contract between NTIA and ICANN in the wake of the May 24th Senate Commerce Committee oversight hearing on "Examining the Multistakeholder Plan for Transitioning the Internet Assigned Number Authority". That is, while there are clearly some concerns on both sides of the aisle about terminating the remaining U.S. government ties to ICANN... more

Plumbing Neutrality

I've been having arguments about Network Neutrality with a lawyer. My position is that you can't adequately regulate ISPs to be neutral, because there's no agreement what "neutral" means in practice. He points out that the courts aren't interested in technical details like what packets are dropped, it's that all traffic has to be treated the same, and ISPs should just figure out how to do that. So I contemplated a city with Plumbing Neutrality with the simple rule that all people must be treated the same... more

Neustar Analysis Shows ICANN Study Overstates Risk of Harmful Domain-Name Collision

As we blogged about recently, Neustar is committed to ensuring that the domain name system is secure and stable and has been operating top-level domains (TLDs) for over a decade. Tuesday, Neustar submitted comments to the Internet Corporation for Assigned Names and Numbers (ICANN) in response to ICANN's proposal to delay the launch of hundreds of new generic top-level domains (gTLDs). ICANN's decision to delay the launch is based on a study it commissioned that measured the potential frequency of domain-name collision. more

‘The Global Village’ Idiot

I recall from some years back, when we were debating in Australia some national Internet censorship proposal de jour, that if the Internet represented a new Global Village then Australia was trying very hard to position itself as the Global Village Idiot. And the current situation with Australia's new Data Retention laws may well support a case for reviving that sentiment. more

Federal Cybersecurity Best Practices: FISMA Continuous Monitoring

Studies have found only limited, insufficient agency adherence with FISMA's (Federal Information Security Management Act) continuous monitoring mandates. One survey found almost half of federal IT professionals were unaware of continuous monitoring requirements. A recent GAO report found that two-thirds of agencies "did not adequately monitor networks" to protect them "from intentional or unintentional harm." more