Policy & Regulation

Julius Genachowski, FCC, and White Spaces: The Good and Not So Good News

Julius Genachowski, Obama's nominee to head the FCC, is a friend of Fred Wilson. Fred gives ten reasons why he likes the nominee on his blog. Genachowski was a top technology advisor to Obama during his campaign and reportedly advised the campaign on its superb use of the Internet. He is also a supporter of "net neutrality" although the devil is in the details on that issue. Even though the nominee is a lawyer, he has business experience as a VC, as an Internet executive, and as a board member of various Internet companies -- all good reasons to be hopeful about this very important policy post. That's the good news. The bad news from several days ago... more

Susan Crawford to the White House on Ada Lovelace Day

Just in time for Ada Lovelace Day comes the news that Susan Crawford (Wikipedia, CircleID) is headed to the White House as special assistant to the president for science, technology, and innovation policy... more

Digital Governance in 2023: Revisiting ‘1998 Deals’ and 12 Main Trends

At the beginning of 2023, the good news is that, in spite of all geopolitical tensions, the Internet infrastructure built around TCP/IP continues to carry emails, web pages, videos, and podcasts across the globe. Technically, the Internet remains robust. The bad news is that more and more digital borders will continue to affect the global nature of international digital communication... more

A Report on the OECD/BEREC Workshop on Interconnection and Regulation

I presented at a OECD/BEREC workshop that was held on the 20th June in Brussels, and I'd like to share some personal impressions and opinions from this workshop. The OECD/BEREC workshop was a policy-oriented peering and exchange forum. It was not a conventional operational peering forum where the aim is to introduce potential peers to each other and facilitate peer-based interconnection of network operators, but a workshop that involved both network operators and various national and EU regulators, as well has having inputs from the OECD. more

To What Extent Will the US Broadband Stimulus Package Provide a… Stimulus?

The story of America's lacklustre broadband performance is relatively well known. Part of that story relates to its low broadband penetration levels when compared with other developed economies... Another aspect of the story relates to broadband speeds... in terms of broadband technology levels, the USA still trails behind leading countries such as Japan and Korea, and some European countries such as France and Italy, by a full generation. more

Internet and Self-Governance? An Example

At the Government Roundtable meeting in Amsterdam on 12 September RIPE NCC presented on her results on auditing Local Internet Registries (LIRs) and on the policy process concerning certification of her members. If this showed something to the world it is that cooperation with governments and law enforcement agencies (LEAs) pays off and self-governance can work. How did this come about? more

Loopholes and Ambiguities in Contracts that ICANN Oversees

ICANN oversees the creation of many contracts. Its highest paid contractor has historically been the law firm of Jones Day, and of course ICANN has many lawyers on staff. In the past I've identified loopholes in proposed contracts, and those were corrected before they were exploited. However, are there other loopholes sitting in existing contracts waiting to be exploited, or ambiguities with major financial consequences depending on their interpretation? more

Public Private Cooperation: The Zeus Take Down Example

Microsoft took down a Zeus botnet recently. Within days it was publicly accosted by Fox-IT's director Ronald Prins for obstructing ongoing investigations and having used Fox-IT's data. This was followed by the accusation that Microsoft obstructs criminal proceedings... On top of all this EU Commissioner Cecilia Malmström announced that cooperation between law enforcement and industry will be forged in the European Cyber Crime Centre as of 2013. Coincidences do not exist. Why? more

European Commission Killing Off Thousands of EU Domains Due to Brexit

After the Brexit vote, I wrote that there could be an impact on EU registrants based in the UK. Over the past year, the UK government has been engaged in negotiations with the EU to navigate the application of Article 50 and the UK's exit from the European Union. While there has been a lot of focus on issues like the customs union and the border between Ireland and Northern Ireland, the eventual departure of the UK from the EU will have a tangible impact on the European digital economy. more

Stress Test: Accountability Reconsideration Request Filed with ICANN Board

In a rapid follow-up to the unprecedented joint letter sent on August 26th by all members of the ICANN community questioning the proposed Accountability Process imposed by ICANN staff, three of the groups that signed that letter have now submitted a formal Reconsideration Request (RR) to the ICANN Board. The August 29th RR -- submitted jointly by the Business Constituency, Registry Stakeholders Group, and Non-Commercial Stakeholders group -- requests that ICANN "confer with the community as soon as possible to address these concerns and amend its plan in such a way that the community input is taken into account as the plan goes forward.  more

France Proposes Internet Tax - An Old War resurfacing

France is proposing an Internet Tax which was reported in the New York Times. The proposal if it follows through will affect the landscape of internet governance in days ahead. The Actual Report was commissioned by President François Hollande, which described various measures his government was taking to address what the French see as tax avoidance by Internet companies like Google, Amazon and Facebook. more

Net Neutrality: What Is Old Is New Again

On July 22, the FCC's open Internet order - which transforms Internet access service from a lightly regulated information service into a heavily regulated telecommunications service - will take effect. This article describes the policies and legal theories underlying the Order and the Order's effect on consumers of Internet services and providers of the service, including a number of entities that had previously escaped FCC regulation. more

ICANN May Not Be Perfect, But It Is Working

Though I have been critical of some of ICANN's shortcomings, I remain a strong supporter of ICANN's role as a private sector-led, multi-stakeholder global regulator for the Internet's core addressing systems. My recent blog post about my concerns with the communications processes relating to the addition of the first Arabic script IDN ccTLDs has been quoted in an ITU Staff Paper prepared for the ITU Council Working Group on the World Summit on the Information Society, to be held in Geneva tomorrow. This document seems to suggest... more

Decision Day for ICANN: The End of the Beginning, or the Beginning of the End?

I've just arrived in Singapore, where ICANN's board will almost surely vote to launch an unprecedented expansion plan for generic top-level domains (gTLDs). As the new gTLDs start lighting-up over the next two years, we'll look back on this week as the "end of the beginning" since it ended several years of planning for the actual expansion. After the vote the real work begins: evaluating applications, implementing new mechanisms, and contract compliance on a scale far greater than ICANN has ever seen. more

Comcast Sneaks in Another Billing Line Item and “Earns” an Additional $1 Billion

My Comcast bill arrived today with a sneaky new $2.68 charge, $2.50 for leasing one (and only one) set-top box and $0.18 for the remote. This new billing line item, like the many others Comcast has introduced, adds to its bottom line with no additional capital expenditure. It shows how resisting the obligation to return to accepting set-top box free, "cable ready" sets was a smart strategy. more