With the first anniversary of the European Union's General Data Protection Regulation (GDPR) approaching in just a few days, Microsoft's Corporate Vice President and Deputy General Counsel, Julie Brill says GDPR has been an important catalyst for progress in privacy protection around the world. more
According to Level 3, a major long haul Internet Service Provider, Comcast has demanded a "recurring fee" when Level 3 hands off movie and other high capacity video traffic for delivery by Comcast to one of the cable company's subscribers. This demand warrants scrutiny, perhaps less in the context of Network Neutrality and more in terms of further diversification (unraveling) of the peering process. more
On August 31st the Department of Justice (DOJ) sent a response to the August 12th letter from Senator Ted Cruz and some Congressional colleagues to the head of the Antitrust Division. In that letter Cruz et al asserted that if the pending extension of the .Com registry Agreement (RA) was granted in combination with the consummation of the IANA transition, that DOJ could be prevented from having "meaningful input into the prices that Verisign charges for registering a domain name within the .com domain for an extended period". more
Last September, I asked what had happened to the proposal for a branch connecting the ARCOS undersea cable, which has a landing point in North Miami Beach, to Cojimar, Cuba. The consortium that operates the cable had applied for permission to connect Cuba in July 2018, and the FCC granted a request for streamlined processing, which should have taken less than 45 days, but nothing happened until September 2020 when the application was referred to a Justice Department committee... more
Earlier this week, Facebook expanded the roll-out of its facial recognition software to tag people in photos uploaded to the social networking site. Many observers and regulators responded with privacy concerns; EFF offered a video showing users how to opt-out. Tim O'Reilly, however, takes a different tack... O'Reilly's point - and face-recognition technology - is bigger than Facebook. more
We learned from The Wall Street Journal yesterday that "Federal Communications Commission Chairman Julius Genachowski gets a little peeved when people suggests that he wants to regulate the Internet." He told a group of Journal reporters and editors today that: "I don't see any circumstances where we'd take steps to regulate the Internet itself," and "I've been clear repeatedly that we're not going to regulate the Internet." We're thankful to hear Chairman Julius Genachowski to make that promise. We'll certainly hold him to it. But you will pardon us if we remain skeptical... more
Financial Times has an article called The broadband numbers racket, by former FCC chief economist Thomas Hazlett, now a professor of law and economics at George Mason University. Hazlett points out that too many people use superficial selection of statistics to bolster questionable policy positions. more
Over the past three years, Trump and his followers around Washington have begun to erect the equivalent of his Southern Border Wall around the nation's information network infrastructure - especially for 5G. The tactics are similar - keep out foreign invaders who are virtually sneaking across the borders to steal the nation's information resources and controlling our internet things. The tactics and mantras are almost identical. more
A British perspective on a very American process... As a new member of the the "Tech Elders", I was invited to join yesterday's hearing in Washington, DC on the reclassification of broadband Internet access services. The US Federal Communications Commission (FCC) has decreed that Internet access should switch from being lightly regulated as an 'information service' (Title I) to a more heavily regulated as 'telecommunications service' (Title II). I'd first like to say that the process and content was a credit to the rule of law in the United States. more
So I heard about this ridiculous news the other day that now Australian customs officers have been given new powers to search incoming travelers' laptops and mobile phones for pornography, according to The Age. Really? Come on. Really? First the Internet filtering, a la porn wall, and now this? more
Encryption is a way to keep private information private in the digital world. But there are government actors, particularly here in the US, that want access to our private data. The NSA has been snooping our data for years. Backdoors have been snuck into router encryption code to make it easier to break. Today at M3AAWG we had a keynote from Kim Zetter, talking about Stuxnet and how it spread well outside the control of the people who created it. more
When discussions with overseas colleagues made it clear to me how fast things are changing here in Australia compared with the rest of the world, I was prompted to write this update about the developments in Australia, particularly in relation to its incumbent telco, Telstra. Most people overseas have not yet fully caught up with the fact that the destructive regime of Telstra's former CEO is well and truly over -- in the past there has been plenty of international reporting of the shocking behaviour of Telstra under Sol Trujillo (former US West) and his persistent attacks on the government included suing Ministers and abusing the Regulator. more
GDPR. It's the four-letter "word" everyone is talking about, and there are lots of questions still swirling around the topic. We wanted to provide a summary of where we are and what we believe the next ten days will bring... GDPR enforcement will begin May 25, 2018. After this date, those found in violation of the regulation can be fined up to 4% of annual global turnover or 20 Million Euros, whichever is greater. more
Quantum computers are coming, and the American Bar Association's SciTech section is beginning to consider the legal implications. This raises the question, will the legal profession be able to adopt emerging quantum technologies on a tech-business as a usual basis? Or will the developments flowing from quantum mechanical theory present a categorical challenge to the legal-industrial complex? more
Imagine living in a country where it was necessary to register with your community government by providing a copy of one of the following... This may be necessary in perhaps a large number of nations. However, as a United States citizen and resident, I was quite surprised when my local community issued the request. I investigated and found much to my dismay, that my community in fact was required by regulation to survey its residents on a biennial basis. more
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