Policy & Regulation

UDRP and the ACPA Differences, Advantages and Their Inconveniences

The ACPA and the UDRP provide two separate and distinct methods for resolving domain name disputes. Both alternatives have many critics and proponents, but the true value of each will ultimately be determined by how well each combats cyber-squatting. Separately, the UDRP and the ACPA will probably work well to defuse most of the cyber-squatting that is currently invading the Internet. If combined together the UDRP and the ACPA can be a cost saving and effective way to prevent cybersquatting... more

ICANN’s New gTLD Program Makes Some Progress (... Sort of)

True to form, the outcomes of the ICANN Board's new generic Top-Level Domain (gTLD) Retreat in Norway late last week haven't exactly provided the community with huge amounts of confidence in the fact that the new gTLD program will be finalised this year. But when you read between the lines, we may be able to provide supporters of the program with a little hope... more

White Spaces: Timing

Last week's emergency petition by the broadcasters to delay the FCC's Nov. 4 vote is just part of the white spaces atmosphere right now. Ars Technica reports that the mud is really flying -- the broadcasters are accusing proponents of white space use of wanting to kill off television. It's a familiar argument -- "If you do Y, broadcast television as we know it will be destroyed." 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

US, European Consumer Groups Call on FTC to Investigate Google for Deceptive Tracking of Users

Over 75 consumer groups in U.S. and Europe have asked the US Federal Trade Commission (FTC) to investigate Google for unfairly and deceptively manipulating users of mobile phones with its Android operating system by constantly tracking location. A letter sent to the FTC by the Transatlantic Consumer Dialogue (TACD), a forum of US and EU consumer organizations, says Google manipulates users into constant location tracking. more

Set-Top-Box Revisited: How Does the Gateway Solution Increase Competition?

The FCC seems determined in revisiting and repairing the current CableCard rules fiasco in which it chose to mandate a universal Set-Top-Box for Cable, Telco, and DBS providers. Where does a solution lie, and is the FCC going down another road of improbable acceptance? The problem with a CableCard solution, in an attempt to create more competition, was the opening of current provider STB's to access other venues, which turned out to be both technically and business concept unfriendly. more

Thinking Carefully About New gTLD Objections: String Confusion (Part 1 of 4)

Since speaking last fall on community-based TLDs at the New gTLD Summit in Los Angeles, I have been asked a number of times to provide input on the objections ICANN allows in its New gTLD Applicant Guidebook ("AGB" or simply the "Guidebook"). As the March 13 deadline approaches, I now present the first of a series of four spotlight articles on the subject -- one on each of the four permissible grounds for objection. more

Obama’s Tech Stimulus Plan: Health IT, Broadband, and Smart Grid

Steve Lohr has a nice piece in the New York Times ('Technology Gets a Piece of Stimulus,' 26 Jan 2009, p. C1) this morning about the role that technology and innovation will play in the economic recovery (aka stimulus) bill supported by the Obama Administration. In the past, health IT deployment has been approached as an engineering problem: what computers have to be part of which networks exchanging which types of data? This loses sight of the purpose of electronic medical records... more

Internet Governance and the Universal Declaration of Human Rights, Part 2: Article 1-5

Digital governance, like all governance, needs to be founded in guiding principles from which all policy making is derived. There are no more fundamental principles to guide our policy making than the Universal Declaration of Human Rights, (UDHR). This article is Part 2 of a series of articles exploring the application of the UDHR to rights issues in the cyberspaces of the Internet ecosystem. The previous article in the series explores the foundations of the UDHR. more

Restraining Order Filed by US States’ Attorneys in the Final Hours of IANA Transition

With less than 24 hours to go before the historic contractual relationship between the US government and ICANN is set to expire, a motion hearing is expected to be held today based on a lawsuit filed in federal court in Texas by four states' attorneys general which could lead to NTIA facing the possibility of a temporary injunction. 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

DOJ to Cruz: .Com Price Freeze Can Be Extended to 2024

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

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

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

McCain’s Tech Policy

I was hoping that McCain's Tech Policy would emphasize and extend the two McCain pro-Internet initiatives -- the McCain Lautenberg Community Broadband Act and Spectrum Re-regulation, neither of which have yet seen the light of day -- but it doesn't. In the first case, it makes a vague nod in the direction of "market failure and other obstacles." In the second, it treats spectrum policy as a done deal; now that we can surf the Web in coffee shops, we're done. more