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The U.S. Government has been operating so far in Fiscal Year 2016, which began on October 1st, with funding provided by two continuing Appropriations bills. The last one passed on December 11th and provides funding through midnight tonight, December 16th. Meanwhile, bipartisan Senate and House leadership, Appropriations Committee members, and Chairs of authorizing committees have been negotiating an omnibus Appropriations bill, along with a separate revenue package of tax provisions, behind closed doors. more
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
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
Per their timeline, ICANN released the gTLD Applicant Guidebook on May 30th. This version contains revisions based upon both community feedback, as well as recent consultations with the Governmental Advisory Committee (GAC). more
Progress is being made towards launching a .eu top-level domain for European individuals, business and organisations.
On 22 May 2003, the European Commission announced its decision to designate the European Registry for Internet Domains (EURID) as the Registry for the new top-level domain (TLD) .eu. EURID is made up of three founder members ? the registry operators for the country code top-level domains (ccTLDs) .be (Belgium), .it (Italy) and .se (Sweden). The Commission?s decision follows a call for expressions of interest published last September and an evaluation by independent experts of the seven applications received. more
On January 27th the Executive Multistakeholder Committee (EMC) held its first meeting to plan the "Global Multistakeholder Meeting on the Future of the Internet Governance" scheduled to be held in Sao Paulo on April 23rd-24th. A review of that planning session's results indicates a Sao Paulo meeting with downsized attendance and, most likely, accompanying expectations. more
Arthur C. Clarke said any sufficiently advanced technology is indistinguishable from magic. Milton Friedman said there's no such thing as a free lunch. The validity of the former statement does not invalidate the later. From this we can see that even magic has a price. Hence, its application is subject to cost-benefit analysis. There are many developing technologies that may eventually qualify as magic. more
France's data privacy watchdog has fined Google 50 million euros ($57 million) under the European Union's General Data Protection Regulation (GDPR) making it the most significant regulatory enforcement action since the law came into effect in May. more
Applying for a new generic Top-Level Domain (gTLD) will be expensive and complex. ICANN's Applicant Guidebook comprises 350 pages of dense instructions, spelling out the procedures to apply for a gTLD and to comment or object to the gTLDs applied for by others. Hidden among the forest of criteria and procedures is a problem that, unless solved, could deny good faith applicants the fair notice they deserve. more
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
After a more than 100 year run, the end is nigh for plain old telephone service (POTS). Through most of recent history POTS was provided by monopolies, which were regulated at both the federal and state level. The new world is much more competitive; we can talk via cell phones, computers, traditional phones hooked to a variety of devices instead of the old phone line, and a plethora of new gadgets like tablets. Voice service no longer has to be vertically integrated. more
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
As the fall of 2012 begins the implementation of rights protection mechanisms (RPMs) for new gTLDs is reaching a critical stage... Given the half year interval between the upcoming Toronto ICANN meeting and the following Beijing meeting in April 2013, it is highly desirable, and perhaps essential, that community discussion in Toronto result in a clear consensus on how RPM implementation should proceed if new gTLDs are to launch without further delay and if potential registrants are to perceive them as acceptable platforms for speech and commerce. more
Just in the last two weeks, two stories in the United States hit the press that highlight behavior from ISPs that would have likely have violated the Net Neutrality rules that were killed by Ajit Pai's FCC. The big ISPs have been surprisingly quiet and have not loudly violated those rules, even though they are no longer in effect. The industry speculation is that the big ISPs are treading lightly because they don't want to trigger a regulatory overreaction should there be a change of party in the administration or Congress. more
It is midnight in Dubai and I am listening to the final readings of the International Telecommunication Regulations (ITR). This instrument is the final output of two weeks of negotiations at the World Conference on International Telecommunication (WCIT), a gathering of the world's nations to update the the ITRs. The Chair goes through the document article by article, section by section, and with each passing "thank you", this Conference draws to a close. Many in the room are elated. more
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