Policy & Regulation

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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

EU Does a 180 on Search Engine Data Retention

A directive known as "Written Declaration 29," adopted last week by the European Parliament, calls for legislation that would require search engines to make a record of all search queries, as reported today by Startpage and Ixquick, anonymous search engine providers. "Framed as a measure to crack down on paedophiles, the controversial Declaration calls on the EU to require that search engines store all search traffic for up to two years for possible analysis by authorities." 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

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

Is Secured Routing a Market Failure?

The Internet represents a threshold moment for the communications realm in many ways. It altered the immediate end client of the network service from humans to computers. It changed the communications model from synchronized end-to-end service to asynchronous and from virtual circuits to packet switching. At the same time, there were a set of sweeping changes in the public communications framework... more

Why Regulate Cable Internet Access

The cable guys have their way of saying it: "What do you want to do, nationalize our businesses?" Another way of seeing this issue is: We have a very few very large providers of highspeed internet access in U.S. They have sufficient market power to decide how and when to prioritize internet communications. And all of these providers are competing with the internet in some way -- they are all (or are becoming) old media and old telecom companies that want to maintain control over their distribution channels. 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

The Disadvantages of Digital Inclusion and the Perils of Non-Universal Access

Many of us are familiar with network effects within telecommunications. Fundamentally, the notion is that as the number of participants in a network increases, the value of that network increases superlinearly. Though many different theories exist about how best to value these networks, the general idea is that the more people on a network, the more benefits accrue to everyone on the network... more

Internet Governance After Busan: Playing the Long Game

As you might imagine, I've been following the ITU's Plenipotentiary Conference very closely. It was built up to be the great showdown of our time -- the pro-'free and open' Internet in one corner (comprised for the most part of developed and democratic nations), in the other corner a contingent of totalitarian regimes bent on a fractured, censored Internet -- a near battle royale for control of one of the greatest communications tool the world has ever seen. more

Is the WCIT Indeed Wicked?

The traditional network operators see OTT services as a threat, and the companies offering them are perceived to be getting a free lunch over their networks - they are calling for international regulation. In particular, the European telcos (united in ETNO) have been claiming that this undermines their investment in infrastructure and they want to use the WCIT conference in Dubai later this year to lobby for regulatory changes that would see certain levies being levied - something that is strenuously opposed by, among others, the USA and the APAC countries. more

dot DO or dot DIE?

ICANN has started dot name evaluations and charging ahead at their full speed. Mathematically it can be proven that any reasonable success of the current 1500 proposed dot names will result in tens of thousands of additional applications in the subsequent rounds. It is estimated that by the year 2020 there will be 10,000 dot names in operation and by 2025 the number would easily double. Such forecasts are not based on technological advances more

Help Define ICANN’s Future

Mention ICANN in Internet circles and you will always find a multitude of views of what the organization should do, needs to do, and should have done; how it has to change, and why; and what it needs to focus on. Well, the time has come to make those views known and to try to persuade the rest of the community that they represent the best step forward. more

Is ICANN Entering a Bold New Era?

When Barack Obama succeeded George W Bush and became America's 44th president, it seemed he could do no wrong. But this was arguably more a consequence of the perceived inadequacies of his predecessor than a realistic reflection on his own abilities. A fact highlighted by Obama being awarded the Nobel peace prize a mere nine months after taking office, before he'd had any real chance of having an impact on America or the world. When Fadi ChehadĂ© was formally introduced as ICANN's next CEO, at the organisation's 44th international meeting in Prague last June, there was an undeniable Obama effect... 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

The Third Wave of Internet Exceptionalism

From the beginning, the Internet has been viewed as something special and "unique." For example, in 1996, a judge called the Internet "a unique and wholly new medium of worldwide human communication." The Internet's perceived novelty has prompted regulators to engage in "Internet exceptionalism," crafting Internet-specific laws that diverge from regulatory precedents in other media. Internet exceptionalism has come in three distinct waves... more