Policy & Regulation

Return of Net Neutrality: Discussion of European Net Neutrality Proposal Relevant for U.S. Broadband Market

There is an interesting recent discussion in Europe about net neutrality that has relevance to the U.S. broadband market. The European Commission that oversees telecom and broadband has started taking comments on a proposal to force content generators like Netflix to pay fees to ISPs for using the Internet. I've seen this same idea circulating here from time to time, and in fact, this was one of the issues that convinced the FCC first to implement net neutrality. more

From “Network Neutrality” to “Sender Pays”, the Principles Remain Much the Same

The entire set of issues of network neutrality, interconnection and settlements, termination monopolies, cost allocation and infrastructure investment economics is back with us again. This time it's not under the banner of "Network Neutrality" but under a more directly confronting title of "Sender Pays." The principle is much the same: network providers want to charge both their customers and the content providers to carry content to users. more

P2P: Boon, Boondoggle, or Bandwidth Hog? (The Dark Side)

Yesterday's post explained how peer-to-peer (P2P) applications use the processing power, bandwidth, and storage capacity of participants in a service rather than centralized resources. This makes such applications generally less subject to catastrophic failure, much less subject to running out of resources (since each new user brings new capacity as well as new demand), and much cheaper FOR THE PROVIDER of the application in terms of hardware and bandwidth required. It's the FOR THE PROVIDER part that's the rub. Let's consider the case of BBC's iPlayer service... more

.WTF Domain Being Used In Privacy Campaign

ICANN comment periods on policy proposals don't normally garner much attention. In the case of the current comment period on proxy/privacy services, however, things are very different. To date several thousand comments have been filed, while the topic of the policy proposals has received media attention across hundreds of outlets. more

Afilias’ Rule Violations Continue to Delay .WEB

As I noted on May 26, the final decision issued on May 20 in the Independent Review Process (IRP) brought by Afilias against the Internet Corporation for Assigned Names and Numbers (ICANN) rejected Afilias’ petition to nullify the results of the public auction for .WEB, and it further rejected Afilias’ demand to have it be awarded .WEB (at a price substantially lower than the winning bid). Instead, as we urged, the IRP Panel determined that the ICANN Board should move forward with reviewing the objections made about .WEB, and to make a decision on delegation thereafter. 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

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

Online Property Protection and the Public Interest

Proposals to enhance online property protection have received a lot of attention lately. Brand managers, goods manufacturers, and content distributors strenuously argue that current law enforcement mechanisms are inadequate to meet the challenges of today's fast-paced marketplace. They specifically note that foreign-based "rogue websites" continue to distribute unlicensed products and content despite existing rules; they maintain that new legislation is needed to empower intellectual rights holders to counter such cyber-criminals more effectively. more

ICANN - Dispenser of Internet Justice

The following is a paper presented as a keynote speech at Studienkreis 2013 in Pisa, Italy last week. ICANN is beginning to look more and more like a government. It assesses taxes, it has amassed an enormous treasury, it passes laws with international effect, and it has developed an ad hoc judiciary system to enforce its laws. This paper will take a look at that judiciary system and ICANN as dispenser of Internet justice. more

Refutation of the Worst IANA Transition FUD

Of all the patently false and ridiculous articles written this month about the obscure IANA transition which has become an issue of leverage in the partisan debate over funding the USG via a Continuing Resolution, this nonsense by Theresa Payton is the most egregiously false and outlandish. As such, it demands a critical, nearly line by line response. more

ICANN Mission Creep is Becoming Mission Leap

Under the leadership of Fadi Chehade and Steve Crocker, ICANN finally runs like an organization that has grown up. When it comes to process, accountability, and transparency, this is excellent news for the Internet. But it also raises a new question: how far will we let ICANN grow "out" of the limited technical mission for which it was created? In his opening remarks here in Durban, Chehade announced the expansion of local engagement centers and significant expansion of ICANN staff - for the second straight year. 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

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

Beyond Net Neutrality: A Manifesto for Internet Freedom

The Internet's existence within the regulatory system has been a disastrous failure. Network Neutrality is fine as far as it goes. The problem is that it leaves the current abysmal system in place. On my Economics and Architecture of IP Networks Mail list, Erik Cecil has been deconstructing the regulatory system. Bottom line -- the most significant thing that can be done for the citizens of the internet in the US would be for the FCC to declare the internet protocol to be telecommunications and no longer exempt from regulation. more

Cuba’s Odd Emphasis on the National Intranet

In 2014, Cuba embarked on a program for the "informatization" of society and "advances in the informatization of society" was the theme of the short videos by ETECSA president Mayra Arevich Marín and Vice Minister of Communications Wilfredo González... I was struck by the emphasis on the Cuban national intranet, as opposed to the global Internet... This emphasis is reflected in the relatively low price of intranet access and the continued development of Cuban content and services. more