Policy & Regulation

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Government Hacking: Proposed Law in the Netherlands

In 2012 I wrote a blog on CircleID called State hacking: Do's and don'ts, pros and cons. In this post I give some thoughts to the concept of a government "hacking back" at criminals. The reason for this was an announcement by the Dutch government that it contemplated law along these lines. The proposed law is now here: the Act Computer Criminality III. more

DHS Planning to Monitor, Collect Social Media Information on All Immigrants to US

The U.S. Department of Homeland Security (DHS) published a new rule under the Privacy Act of 1974 in the Federal Register last week, detailing how it intends to expand the information it collects when determining a person's immigration status to include social media handles and potentially even search histories. more

FCC Doesn’t Understand How the Internet Works, Say Internet Pioneers in Open Letter

Internet pioneers and leading figures published an open letter today calling on FCC to cancel the December 14 vote on the agency's proposed "Restoring Internet Freedom Order." more

Europe and Data Protection: We Need a Real Debate - Exactly What We Don’t Have Now

Europe is at the forefront of the global debate about data protection and privacy. Unfortunately that debate is characterised more by hyberbole and scaremongering than real discussion. Europeans deserve better -- and so does the world, who rightly see Europe as a leader on this subject. The new Commission has a chance to truly lead in partnership with governments, like Brazil, that agree with us. more

The Future Internet I Want for Me, Myself and AI

Artificial Intelligence has the potential to bring immense opportunities, but it also poses challenges. Artificial intelligence (AI) is dominating the R&D agenda of the leading Internet industry. The Silicon Valley and other startup hubs are buzzing about artificial intelligence and the issue has come at the top of policymakers' agenda including the G20, the ITU, and the OECD, where leaders gathered this week in Paris. more

Net Neutrality and Google/Verizon

What surprises me about the Google/Verizon deal is not that they have come to agreement, but that they have taken so long to do so. What they have agreed to is essentially what I proposed they do back in 2006. What Google want and what Comcast, Verizon and the carriers want is not and was not incompatible. more

“Restoring” Internet Freedom for Whom?

Recently, a colleague in the Bellisario College of Communications asked me who gets a freedom boost from the FCC's upcoming dismantling of network neutrality safeguards. He noted that Chairman Pai made sure that the title of the FCC's Notice of Proposed Rulemaking is: Restoring Internet Freedom. My colleague wanted to know whose freedom the FCC previously subverted and how removing consumer safeguards promotes freedom. more

Supporting Organizations Marginalized in ICANN Accountability Proposal

The Cross Community Working Group on Enhancing ICANN Accountability (CCWG-Accountability) make a number of helpful recommendations to improve organizational accountability at ICANN, however one aspect of the plan is deeply flawed: changing the role of ICANN's Governmental Advisory Committee (GAC) from purely an "advisory" role to a "decision making" role over fundamental matters at ICANN, including its governance. more

Cuba Testing 3G Internet Access

ETECSA, Cuba's monopoly ISP, has been running free tests of their forthcoming mobile access. It seems that the latest test is over for now, but Andy Garcia (@Dancuba96) ran a speed test before it ended... ETECSA has not announced when commercial 3G service will commence, where it will be available at first and what it will cost, but the following image at the start of the @ETECSA_Cuba Twitter page suggests that service will begin soon they are serious about mobile #Internet access. more

About That Second, Third and Fourth Wireless “Attachment”

There is some good news about the decision by Verizon Wireless to offer shared monthly data plans. But there could be a lot more if the FCC applied its Carterfone policy. That policy gave consumers the power to decide what and how many devices to attach to a network connection. If Carterfone applied, consumers could use multiple devices to access a network subscription, albeit perhaps not at the same time. more

Will John McCain Help the NEXT Blackberry Creator?

Today a senior McCain advisor, Doug Holtz-Eakin, proudly held up a Blackberry and declared: "You're looking at the miracle that John McCain helped create." Bloggers on all sides of the partisan divide are having a field day with this -- suggest that the McCain campaign is out of touch, desperate, or trying to top the trouble VP Al Gore got into, when he was falsely accused of claiming to have invented the Internet... more

Facebook vs Google: The Pot Calling the Kettle Black

In case you missed it a few days, a story broke that said that Facebook was caught hiring a PR firm to spread stories about Google about how they invade people's privacy... Even though I work for Microsoft and therefore can hardly be considered unbiased, I think Microsoft would be in a position to call out others for lack of privacy protection. I say this based on the fact that in my division, every new feature that we implement has to go through Privacy reviews... more

No GDPR Action Against Any Big Tech Firms Since Law Imposed Last Year, Doubts Escalate Over Enforcer

Last year Europe imposed GDPR, arguably the world's toughest standard for data privacy and now, a year later, there has yet to be any enforcement action against a big tech firm. more

Is 47 USC 230(c) an Immunity or an Affirmative Defense (Does it Matter?)

Procedure matters. It matters whether a defendant can dispose of a litigation right out of the gate, or whether the defendant must suffer the slings and arrows of discovery, motions, and trial before presenting a successful defense. Procedurally, once a litigation has been initiated, defendant has a chance to say, "hey, wait a minute, there isn't actually a cause of action here." It's like someone suing me for being tall. Well, yeah, but there is no recognized cause of action against being tall. more

The Issue Is the Digital Economy, Not Broadband

After some five years of public debate on the national broadband network it is heartening to see that more and more people are getting the message that the network means more than just fast internet access. Increasingly key decision-makers in business and government are reaching an understanding of the transformation that is underway in the economy. more