Policy & Regulation

Internet Governance and the Universal Declaration of Human Rights, Part 3: Article 6-12

Internet Governance like all governance needs to be founded in guiding principles from which all policy making is derived. There are no better fundamental principles to guide our policy making than the Universal Declaration of Human Rights, (UDHR). This article is Part 3 of a series exploring the UDHR as a guide and template for the digital governance and digital citizenship. We discuss UDHR Articles 6 through 12 and address topics such as fundamental digital values, cyberlaw, policymaking and the role of tribunals in digital governance. more

The Times Stand Still: Internet Shutdowns, the Irony of the Multistakeholder Process and Realpolitik

Governments worldwide increasingly resort to shutting down the Internet as a political tool to control information and silence dissent. This alarming trend is not limited to developing nations grappling with civil unrest or political transition. Indeed, it is gaining traction in developed nations, suggesting a global phenomenon transcending geographical boundaries and socio-economic development levels. 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

Bogus WSJ Story on Net Neutrality

Today's Wall Street Journal has a bogus, misleading story claiming that Google has been making deals with telephone and cable carriers that violate Network Neutrality. My BS detector was triggered by paragraph five, which reads: "One major cable operator in talks with Google says it has been reluctant so far to strike a deal because of concern it might violate Federal Communications Commission guidelines on network neutrality. 'If we did this, Washington would be on fire,' says one executive at the cable company who is familiar with the talks..." more

Asking a Better Question to Uncloak the Online Copyright Debate

The proverbial Pandora's box that is opened whenever the topic of online copyright infringement is raised throws into sharp relief a host of challenges that have confounded policy makers, internet service providers and consumers for many years. Chief amongst them is how to strike an appropriate balance between protecting the rights of content owners while continuing to promote the interests of the public and preserving the benefits of the internet, given its unprecedented ability to facilitate the rapid dissemination of copyrighted content. more

Google and the White Spaces

The white spaces proceeding is the next big opportunity for experiments in alternative ways of providing wireless highspeed internet access... A key advantage of unlicensed spectrum is that experiments in new technology can be carried out without asking the permission of spectrum licensees. To date, we have made very little spectrum available for unlicensed use and experimentation. The FCC has the discretion to decide whether the digital television "white spaces" may be used on an unlicensed basis... more

Managing (in)Security Through Regulation: A Key Phase for Nation States

Not so long ago, the notion of introducing laws and other regulatory responses to address cyber security issues was regarded with significant hesitation by governments and policy makers. To some extent, this hesitation may well have stemmed from a general perception by those who do not work directly in the field that the world of cyber security is somewhat of a 'dark art'. More recently, however, there has been a substantial shift in this attitude, with proposals to regulate a range of cyber security related matters becoming increasingly numerous. more

Let’s Talk About “Internet Responsibility”

We need to talk about Internet responsibility, and we need to talk about it now. By "Internet responsibility," I am not referring to some abstract subjective connotation of it, but rather to an attempt to identify objective criteria that could be used as a benchmark for determining responsibility. For the past 20 something years we all have been using the Internet in different ways and for different reasons; but, have we ever contemplated what our levels of responsibility are? 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

Registries, Registrars, Resellers and the Fight Against Cyber Crime: The EU-US Meeting

On 24 and 25 February 2011 the European Commission, DG Home Affairs, organised a meeting on cyber crime in cooperation with the US government, Department of Justice, with representatives of the law enforcement community, registries and registrars. The basis of the discussion was the RAA due diligence recommendations (hence: the recommendations) as presented by LEAs in the past years during ICANN meetings. The meeting was constructive, surprising and fruitful. I give some background, but what I would like to stress here is what, in my opinion, could be a way forward after the meeting. more

When Did CIRA Become the Commercial Internet Registration Authority?

Nearly ten years ago, the Government of Canada wrote a letter to the chair of the Canadian Internet Registration Authority (CIRA) that set out the framework for the management of the dot-ca domain. The government articulated a vision of the dot-ca domain as a “key public resource” and called on CIRA to act in an open and transparent manner. CIRA has long sought to live up to those standards, but in recent months the organization has shown an unmistakable shift toward prioritizing commercial gain over the public interest along with a troubling move toward secret decision making... more

The Network Management Excuse

Telco front-man Scott Cleland, in a recent blog post, thumbs his nose at the Four Internet Freedoms and says that the FCC should too. Under current leadership, it probably will. Referring to the recent submissions to the FCC by Free Press and Public Knowledge and Vuze complaining about Comcast's use of reset packets to block applications that compete with Comcast's own proprietary video entertainment offering, Cleland says "Network management trumps net neutrality." There are lots of reasons for, ahem, managing. Cleland neglects to observe that controlling congestion the way Comcast does it is like scattering nails in the road for traffic control. more

FCC to Hold Two December Workshops on PSTN Transition to New Technologies

The US Federal Communications Commission (FCC) recently issued a public notice that it will be holding two workshops on the transition of the public switched telephone network (PSTN) to "new technologies" such as voice-over-IP (VoIP). The workshops will be held on December 6 and 14, 2011, at the FCC's office in Washington, DC. The public notice states the goal as... more

Court Sides with FTC, Says AT&T Cannot Escape Jurisdiction of the Agency

California appeals court today gave Federal Trade Commission the green light to move forward with a lawsuit alleging that AT&T Inc was deceptive in slowing internet speeds to customers with unlimited plans. more

It’s Safe to Be a Dog on the Internet Again: Lori Drew Prosecution Terminated

"On the Internet, no one knows whether you're a dog." Of course, if you are a dog, and you are fibbing about it, according to the US Attorneys Office out in California you're a felon and should be sent to the dog pound. Fortunately, there's a new dog in town who seems to be howling a different tune. Bad facts make for bad law. The unfortunate alleged facts of this case involved fibbing about actual identities, playing with a young girl's emotions, and the girl's eventual suicide. more