Policy & Regulation

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First Impression: FCC Rules for the 700MHz Auction

The FCC has issued rules which will govern the auction of valuable radio spectrum which could make a huge difference in the price and quality of communications in America. The glass is definitely half something: I'd say closer to empty than full but there are some things to like and some hope for competition. The decision is a compromise. Republican Chairman Martin was joined by Democrat Commissioners Adelstein and Copps in setting some open access conditions for 22MHz out of the 62MHz which will be auctioned. Republican Commissioner Tate reluctantly went along with these conditions and Republican McDowell voted against them. more

Comcast Xfinity App Argument: Risking Divestiture of Cable or Broadband

This sounds extreme, but Comcast continues to push the boundaries in separation of its broadband service with its cable service. It is walking a thin line between being a broadband provider, offering fast Internet access to millions of subscribers, and treating its Xfinity Xbox 360 App as a priority over customers not having its cable service. Saying the Xbox 360 is just another set-top-box for its own customers is just a complex way of undermining Net Neutrality rules as defined by the FCC upon the companies purchase of NBCU. more

McCain Tech Plan: The Only Vision is Backward-Looking

So I've spent more time with the McCain tech plan today. At a time when this country is suffering economically and looking for fundamental change, it looks as if Sen. McCain is in the back office having lunch with a bunch of accountants. The heavy emphasis in the policy on tax cuts seems designed to appeal to people who equate lower taxes with progress. Haven't we already had years of that kind of approach? more

Yes, 3 Billion Net Users by End of Year, but What Will the Majority in Emerging Markets Do Online?

The United Nations International Telecommunications Union (ITU) announcement that by end 2014, there will be nearly three billion Internet users -- two-thirds of them from the developing world -- with mobile-broadband penetration approaching 32 per cent. This information is so timely that it needs to be put in proper perspective by asking: What will the majority of these two-thirds do online? And how do we in the ICANN community deliver on our mandate of serving the global public interest? more

Zero-Rating and the Creation of Digital Castes

During the last Internet Governance Forum in Istanbul, a day was devoted to Net Neutrality with three panels devoted to the subject. The first was exactly about Zero-Rating: Net Neutrality, Zero-Rating & Development: What's the Data? the second was Network Neutrality: a Roadmap for Infrastructure Enhancement and last, the main session Network Neutrality: Towards a Common Understanding of a Complex Issue and Zero-rating was discussed on all three panels. more

New Top Level Domains Application Metering - Figure It Out ICANN!

Let me begin by saying that I am big supporter of ICANN. But good grief ICANN, why must the ENTIRE new gTLD process be so painful? I could run through a long list of all the delays, missteps and glitches, but why bother? It's almost comical at this point -- although not for 1,930 new gTLD applicants who have been waiting for ICANN to get their act together. First we were led to believe that the batching of applications was necessary due to resourcing constraints, which I personally never understood as the evaluation of applications is being done be third-party consultants. more

Namecheap Files ‘Request for Reconsideration’ Against ICANN’s Removal of .ORG Price Caps Decision

One of the largest domain name registrars, NameCheap, on Monday filed a Request for Reconsideration with regards to ICANN's recent decision to remove historical price caps for the .org top-level domain (TLD) from the Public Interest Registry (PIR) contract. more

We’re Almost There… IANA Stewardship Transition

Since Friday, I have been listening to and, yes, talking to many in Dublin who are engaged in the multistakeholder effort to transition the IANA functions. Our goal is an orderly transition that both reaffirms the strength of the global multistakeholder model while protecting and preserving the coordinated, well-functioning administration of the unique identifiers that are the core of the technical genius of the Internet. more

IP Addresses and Privacy Sensitive Data - A Level Playing Field Needed

Reading Peter Olthoorn's book on Google (a link is found here), I ran into a passage on IP addresses. Where Google states that it does not see an IP address as privacy sensitive. An IP address could be used by more than one person, it claims. The Article 29 Working Party, the EU privacy commissioners, states that it is privacy sensitive as a unique identifier of a private person. It got me wondering whether it is this simple. Here is a blog post meant to give some food for thought and debate. I invite you to think about the question 'how private is an IP address'? more

US Federal Trade Commission Says It Lacks Resources to Go After Privacy Violations Effectively

At hearing on Wednesday, the U.S. Federal Trade Commission (FTC) urged Congress to pass data privacy legislation and enhance its authority to police large tech companies. more

It’s Official: China Now Has More Broadband Lines than the United States

It was just last year that those of us raising alarms about the massive half-decade market failure in the United States to adequately provision broadband services were facing a misinformation campaign that raw numbers mattered more than percentage rankings. According to this argument, the U.S. broadband market was sound because we had more broadband lines than anyone else. The misinformation brigade got so much attention that public interest groups had to issue reports systematically refuting the PR are marketing hype. more

One Billion Internet Users

Last week ICANN took another very significant step forward in the expansion of the internet by approving the delegation of a number of Chinese script IDN ccTLDs. Although we have all heard statements that portray the introduction of IDN ccTLDs as being perhaps the single most important factor in the achievement of ICANN's "One World, One Internet" vision, we should take a moment to appreciate the true significance of this latest round of IDN ccTLD approvals. more

Capping Broadband Internet by Design

FIOS by Verizon, is a bundled Internet access, telephone, and television service that operates over a fiber-optic communications network with over 5 million customers in nine U.S. states -- providing Fiber to the Home (FTTH). One of the first service areas was a Northern Virginia community known as Ashburn -- which is also is the cloud data center capital of the world. It literally sits on top of the most massive mesh of high bandwidth, low latency fiber in existence. more

CRTC Denies CAIP Application on Throttling, But Sets Net Neutrality Hearing

This morning, the CRTC issued its much-anticipated ruling in the CAIP v. Bell case, the first major case to test the legality of Internet throttling. The Commission denied CAIP's application, ruling that Bell treated all of its customers (retail and wholesale) in the same throttled manner. This points to the challenge in this case -- it was not about discriminatory network practices per se, but rather about wholesale shaping in a specific context. more

In Which We Explore the Federal Laws that Apply to Cyberstalking

Tragedies frequently result in flurries of legal activity. Last years witnessed the Myspace tragedy in which a 13 year old girl committing suicide. Unfortunately stalking laws have been clumsy tools that are difficult if not impossible for law enforcement officials to wield. Where existing laws respond poorly to tragedies, the option behind Door Number One is to enact a new law, and the option behind Door Number Two is to argue for a reinterpretation of current law that would somehow miraculously shoehorn the tragedy into the law. Unlike game shows, legal contestants can pick both doors -- which is what happened in this case. more