Policy & Regulation

European Commission in Favour of New IANA Contract - Disapproves of US Only Bidding Process

In a move that shouldn't come as a surprise to anyone, the EU Commission has given a rather mixed welcome to the IANA bid. While they obviously like a lot of what they are seeing, they're also not overly impressed with the contract only being open to US companies. more

NIS2, ICANN and “Thick” WHOIS: A Mandate to Move Forward

The recent adoption at the end of December of the new EU Directive for a high level of cybersecurity across the Union -- commonly referred to as "NIS2" - paved the way for important updates to the domain name system (DNS). Most significantly, Article 28 of NIS2 and its related recitals resolved any ambiguities about the public interest served by a robust and objectively accurate WHOIS system that permits legitimate access by third parties to data... more

Comcast’s Demand for a Video Surcharge From Its Level 3 “Peer”

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

Still No Access to WHOIS Data

The ICANN 64 meeting in Kobe concluded two weeks ago, and we are no closer to accessing WHOIS data critical for law enforcement, cybersecurity threat investigators, intellectual property owners, or other consumer protection advocates who rely on the data to act quickly against online abuse in the domain name system. Instead of a balanced approach to WHOIS that serves the public interest, the ICANN Board is set to approve a new global policy that fails to even fully acknowledge critical... more

Regulation and Reason

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

Why the Internet is Not Like a Railroad

When one person transmits the speech of another, we have had three legal models, which I would characterize as Magazine, Bookstore, and Railroad. The Magazine model makes the transmitting party a publisher who is entirely responsible for whatever the material says. The publisher selects and reviews all the material it published. If users contribute content such as letters to the editor, the publisher reviews them and decides which to publish. more

What Did the Bush Admin Promise the Telco’s in Early 2001?

I have a hypothesis: The Bush administration came to power in December 2000. American telcos were on the precipice about to go into Free fall. We have seen how Bush politicized the Justice Department and are much more aware thanks to John Dean's Broken Government and Charlie Savage's Take Over of the intense desire to aggregate executive power to feed the Addingtons belief in the Unitary Executive. We now know that Cheney was meeting with the energy industry in early 2001 promising them whatever they wanted. We may begin to ask what the domestic telecoms industry was being promised? more

Microsoft Sees Serious Appetite for Revised Privacy Laws in US, Says It’s Time to Match EU’s GDPR

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

Security, Backdoors and Control

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

How Far Will U.S. Regulators Bend to AT&T and Verizon?

Recent events relating to the network plans of AT&T and Verizon are extraordinary: it appears that the commercial and lobbying clout of two major telcos is determining the telecom services which their customers can receive, the technology they will receive them with, and whether they will receive them at all. Already a large number of states have agreed to dismantle Carrier of Last Resort (COLR) obligations on them, while the FCC itself is being advised to change the rules to suit the business interest of the telcos. more

Filtering the Internet Is Still a Bad Idea: DCA, ABC, and Steroid Searches

A few days ago, ABC News ran an "investigative" piece called "Group Probes Ease and Danger of Buying Steroids Online." ABC describes the "group" at issue as "an online watchdog," the Digital Citizens Alliance. That group determined that some of the millions of available YouTube videos encourage steroid use and that YouTube (which is owned by Google) places ads next to steroid-related videos and search results. They argue that Google and YouTube should be held legally responsible for any illegal content linked or posted. more

NIS 2.0 and Its Impact on the Domain Name Ecosystem

I recently appeared on the 419 Consulting podcast to discuss the European Union's NIS 2.0 Directive and its impact on the domain name ecosystem. I encourage all TLD registries, domain name registration service providers, and DNS operators to listen to the recording of that session which Andrew Campling has made available. more

The Appeal Against Broadband Reclassification

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

Hello, Australia: Please Vote These Guys Out

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

National Telcos Can and Will Change Their Behaviour, Case in Point: Telstra

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