Policy & Regulation

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Berkman Broadband Study: Mixing Passion and Scholarship

Last week, comments were filed with the FCC in response to the Berkman study of international broadband comparisons... Many of the comments were not supportive of the Harvard Berkman study. In an earlier blog posting, we had observed that there appeared to be statistical problems in the Berkman study that would not hold up to peer review. Our comments may have understated the extent of the problems. more

Global Content Removals Based on Local Legal Violations - Where are we Headed?

From the Internet's earliest days, the tension between a global communication network and local geography-based laws has been obvious. One scenario is that every jurisdiction's local laws apply to the Internet globally, meaning that the country (or sub-national regulator) with the most restrictive law for any content category sets the global standard for that content. If this scenario comes to pass, the Internet will only contain content that is legal in every jurisdiction in the world... more

Five Countries are Considering Anti-Spam Laws

The international press is alight with reports of various countries considering privacy and anti-spam legislation. It appears that many countries have arrived at the logical conclusion that after years of supposed 'self regulation'; some marketers must be brought to heel by way of regulation and law, to stop abusive practices. more

The ICANN Hunger Games

Adolescents were fascinated by the book and film called "Hunger Games". The plot is about a government forcing people to watch, and forcing some to play, a cruel game for life and death. ICANN's own Hunger Games, the so-called "digital archery" or "batching" process, is not lethal to people, but shares all other features: it is forced upon the participants, it is destructive, unfair and unnecessary. more

2nd Annual RIPE NCC - LEA meeting: Cooperation Unfolds

On Wednesday 16 March the Serious Organised Crime Agency organised a meeting in London with the RIPE NCC. For the second time law enforcers from the whole world met with the RIPE NCC and RIPE community representatives to discuss cooperation. RIPE NCC staged several very interesting presentations that showed the LEAs the importance of the work done within RIPE and ARIN, the information RIPE NCC has and the relevance of all this to LEAs. Also issues were addressed that can potentially be harmful to future investigations. more

FCC: We Will Regulate Broadband

Since the dust has settled from a stinging defeat in federal court, the FCC has decided to move on its own to settle the broadband regulation dispute. With a 3-2 vote the commission issued a Notice of Inquiry that would set the stage for more regulatory authority of broadband. It seems ironic that the motivating factor was the court case brought by Comcast in Federal District Court to immobilize the FCC's efforts to sanction the service provider from throttling Bit Torrent, file sharing customers. more

IP Addresses Are Not Telephone Numbers - The Fundamental Flaw with the FCC’s Proposed Privacy Rules

Last month the FCC released a Notice of Proposed Rulemaking (NPRM) on Customer Proprietary Network Information (CPNI), the information telcos collect about consumers' phone calls. The Commission's proposed rules would adapt and apply privacy rules that have historically applied to the traditional telephone space to broadband carriers. It would also regulate how broadband providers use and share that data. more

ICANN and GAC: A New Role Needed?

Syracuse University professor Milton Mueller published a blog under the title "Will the GAC go away if the Board doesn't follow its advice?". Having been to a number of (very limited) ICANN meetings on behalf of law enforcement cooperation, I would like to share a few - probably thought provoking - observations. The GAC should not leave ICANN but it may be more efficient if its role changed and its efforts were aimed at a different form of output. more

Are We Ready to Defend Our Freedom? Book Review: “The Age of Surveillance Capitalism”

It is not often that you read a book where afterward nothing seems the same again. Like Adam Smith's The Wealth of Nations, Shoshana Zuboff's book: The Age of Surveillance Capitalism: The Fight for a Human Future at the New Frontier of Power,, puts what we do in these times into a context and gives a focus to ongoing issues of privacy and governance with regard to the Domain Name System. This is even more astonishing as the book does not even mention the DNS, the Internet ecosystem or even Internet Governance directly. more

UK Government Releases New Cyber Security Standard for Self-Driving Vehicles

UK government today announced the release of a new cyber security standard for self-driving vehicles. Funded by the Department for Transport, the British Standards Institute has developed the guidance to set a marker for those developing self-driving car technologies. more

Why a Net Neutrality Law is Not Enough

Once we decide that Network Neutrality is a good thing to (re)enshrine in law, then we need to ask how to do that effectively. One way would be to pass a law saying, "Thou shalt not discriminate." That's the current approach. But network operators will say that they must manage their network, and if, in the course of network management, they were to disadvantage some source, destination, application, service or content, they might be accused of violating the law. So any Network Neutrality law must have a Network Management Exception... more

Really? A Hearing on New gTLDs at this Late Stage?

To the dismay of many (and the chagrin of some), it appears as though the US House Subcommittee on Intellectual Property, Competition and the Internet will be conducting a hearing on New generic Top-Level Domains (gTLDs). Meanwhile, ICANN is careening towards the finish line of the new gTLD Program with a vote by the ICANN Board scheduled for June 20th. Just what this all means remains to be seen. more

GDPR, ICANN, and Registrar WHOIS

On Friday I was on a surprisingly interesting session at Rightscon 2018 in Toronto about GDPR and WHOIS. The panel consisted of Eleeza Agoopian from ICANN staff; Avri Doria who was recently appointed to the ICANN board; Elliot Noss who runs large registrar Tucows; Stephanie Perrin who has done a lot of privacy work for the Canadian government and as an ICANN volunteer, and me; Milt Mueller, who is now at Georgia Tech, moderated. more

Google and China: Some General Thoughts

I have deferred blogging on the Google/China imbroglio for a few reasons. First, heavyweights such as Jonathan Zittrain have tracked International online censorship and online security issues more closely than I have. Second, after Google's provocative blog post, I wanted to see the facts develop rather than rely solely on Google's assertions. The spin doctors are now moving in, so the useful development of the factual record will be slowing down. more

Sopho’s Threat Report Focuses on Social Network Spam

The latest Sophos Threat Report shows an upward trend in spam and identity theft through social networks. One of the examples Sophos gives is Facebook. In general Sophos claims that from 2009 to 2010 the spam, phishing and malware containing messages all doubled. more