Policy & Regulation

Luxembourg to Offer Investor-friendly Legal Environment for Domain Names

EuroDNS, the Luxembourg registrar, used its well attended New Year party last Wednesday to invite the Minister of Telecoms, Jean-louis Schiltz to talk about a law voted at the end of December 2007. According to the Finance and Budget Commission Report on Draft Law 5801, Revenues generated from use of, or license to use, a Domain Name are exempted from Luxembourg corporate taxes up to 80%. more

The True Faith of Internet Governance: Statism Finds Its Champion

A portion of me sympathizes with Richard Hill. He argues passionately in his recent article, "The True Stakes of Internet Governance" for a statist position on Internet governance. It is hard to be an unheeded prophet; difficult to take positions that are not in the comfortable mainstream of what, as you perceive, are lemmings heading for the cliff. I know the feeling. more

China Will Remember the U.S. Huawei War for a Generation

Only an idiot would believe that the U.S. is blocking TSMC manufacture of Huawei cell phone chips because of security fears. This is a commercial rivalry. The U.S. wants to put China's leading technology company out of business. We will fail, of course, at a price far higher than D.C. understands. The U.S. is ready for China's immediate countermeasures, even if Apple's stock price falls $hundreds of billions. But the long-run price will be devastating. more

Enabling Privacy Is Not Harmful

The argument for end-to-end encryption is apparently heating up with the work moving forward on TLSv1.3 currently in progress in the IETF. The naysayers, however, are also out in force, arguing that end-to-end encryption is a net negative... The idea of end-to-end encryption is recast as a form of extremism, a radical idea that should not be supported by the network engineering community. Is end-to-end encryption really extremist? Is it really a threat to the social order? more

Tips for Ecommerce to Survive and Thrive with GDPR

The regulatory environment for brands and retailers that do business online is getting stricter thanks to regulatory changes in Europe with the General Data Protection Regulation (GDPR), as well as existing regulations in the U.S. Companies that adapt quickly can turn these changes into a competitive advantage. As we grapple worldwide with the implications of the incredible amount of personal data generated every day, consumers are pressuring brands and legislators alike for more control over their information. more

Questionable Impact for US House Hearing on New gTLDs

This morning, the US House Subcommittee on Intellectual Property, Competition and the Internet led by Representative Goodlatte (R - VA) conducted a hearing on New gTLDs. Kurt Pritz, Senior Vice President from ICANN did his best to alleviate concerns about the risks posed to intellectual property rights and consumers as the result of the New gTLD Program and reiterated that the process to launch new gTLDs has been underway for 7 years. more

We Are All Internet Exceptionalists Now

The Stop Online Piracy Act (SOPA) and its defeat call attention to a delicious irony in public discourse on Internet governance. Even those who don't want the Internet to be an exception from traditional forms of regulation and law are forced to admit that something new and exceptional must be done to bring it under control, such as massive departures from traditional concepts of territorially bounded sovereignty through the use of in rem jurisdiction. more

Regulating and Not Regulating the Internet

There is increasingly heated rhetoric in DC over whether or not the government should begin to "regulate the internet." Such language is neither accurate nor new. This language implies that the government does not currently involve itself in governing the internet -- an implication which is clearly untrue given a myriad of laws like CFAA, ECPA, DMCA, and CALEA (not to mention existing regulation of consumer phone lines used for dialup and "special access" lines used for high speed interconnection). more

ACLU, Anti-Spam Laws, and the First Amendment

In an article published by the Technology Liberation Front, Cato Institute adjunct scholar Tim Lee dissects a recent argument by the American Civil Liberties Union (ACLU) regarding free speech & anti-spam laws. It's been interesting to watch the ACLU wrestle with anti-spam legislation. Their entire purpose is to work through the legal system to protect our civil rights, as defined in the First Amendment -- which is why I've been a card-carrying member since before I was old enough to vote... more

Trump’s Cuba Policy and Its Impact on the Cuban Internet

On June 12th, I speculated on Trump's forthcoming Cuba policy and its impact on the Internet. He outlined his policy in a June 16th speech and the Treasury Department published a FAQ on forthcoming regulation changes. It looks like my (safe) predictions were accurate. I predicted he would attack President Obama, brag about what he had done, make relatively minor changes that would not upset businesses like cruise lines, airlines, and telecommunication and hotel companies. more

Who is Responsible in Our Cloudy World?

A number of large technology companies, including Google, Microsoft and Yahoo!, have announced that they have signed up to a voluntary code of conduct on how they do business in countries that curtail freedom of expression like China and Singapore... It's not surprising to see this sort of self-regulation being proposed as otherwise political initiatives like the Global Online Freedom Act, passed in one US Senate committee but currently floating in legislative limbo, could actually make it into law. more

Thinking Carefully About New gTLD Objections: Community (3 of 4)

My third installment regarding gTLD objections - and understanding exactly what's required for an objector to prevail - moves to the more complex community-based objections. For those getting their first exposure to this unwieldy beast, pull up a chair and get comfortable. The community objection involves multifaceted elements, each having its own set of defining factors and often using similar terminology in different contexts. As such, it can be very confusing and one can easily lose track of the bigger picture. more

Amazon Gets FCC Approval to Deploy Its Project Kuiper Broadband Satellites

Today, the FCC has sided with Amazon in a regulatory battle over Project Kuiper, the company's satellite internet system. Despite objections from rival SpaceX, the commission has approved Amazon's plan to prevent the upcoming satellite internet constellation from causing orbital debris in space. more

Radical Shift of Power Proposed at ICANN Putting Govts in Primary Decision Making Role

ICANN has proposed a major change to its bylaws that would require the organization to adopt all policy "advice" issued by the Governmental Advisory Committee (GAC) unless 2/3 of ICANN's non-conflicted board members vote to oppose the adoption of that governmental rule. This draconian proposal to change ICANN's bylaws would fundamentally transform ICANN away from being a "bottom-up" and "private-sector-led" organization and into a governmental regulatory agency... more

The ITRs and Cybersecurity

Cybersecurity is a top-of-mind issue with calls for individual vigilance, national legislation, and international treaties to address gaps that are exploited causing significant harm and financial loss on a daily basis. The vast majority of these calls are well-intentioned though even among the best-intentioned, some are poorly directed. Such is the case with all of the proposals that would introduce security into the International Telecommunication Regulations (ITRs) of the International Telecommunication Union (ITU). more