Policy & Regulation

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This COVID-19 Crisis Proves the Internet Is Indeed a Caribbean Right

The coronavirus pandemic has, in the most emphatic way, shown us all just how interconnected everything and everyone is. A worldwide race is underway to minimize human interactions in order to avoid a global catastrophe. The inescapable consequence of these initiatives is an unprecedented shut down of the local, regional and global economy. The latest cost estimate to save the global economy is now at $7 trillion and climbing. more

US, Russia and China Stay Out of Paris International Cybersecurity Pact

US, China and Russia have refused to sign the French-backed agreement, Paris Call for Trust and Security in Cyberspace, announced by French President at the UNESCO Internet Governance Forum (IGF) on Monday. more

In Which We Consider the Meaning of ‘Authorized’: GIVAUDAN FRAGRANCES CORPORATION v. Krivda

What does authorized access mean? If an employee with authorized access to a computer system goes into that system, downloads company secrets, and hands that information over to the company's competitor, did that alleged misappropriation of company information constitute unauthorized access? This is no small question. If the access is unauthorized, the employee potentially violated the Computer Fraud and Abuse Act (CFAA) (the CFAA contains both criminal and civil causes of action). But courts get uncomfortable here. more

Time to Look Past ‘Net Neutrality’. Let’s Start a Fresh Post-Neutrality Debate…

Yesterday, as many of you heard, the European Parliament voted to reject the 'net neutrality' fundamentalist amendments to the already flawed proposals they had helped to create. That's the good news. The bad news is that the law that we now have is merely ludicrous, rather than insane. Furthermore, it doesn't properly protect end users, hold ISP feet to the service delivery fire, or truly encourage broadband ecosystem innovation. more

The Issue of License Proliferation

When I was on the ICANN board, we were dealing with the issue of Internationalized Domain Names (IDNs), an initiative to allow non-latin characters in domain names. Technically, it was difficult and even more difficult was the consensus process to decide exactly how to do it. Many communities like the Chinese and Arabic regions were anxious to get started and were getting very frustrated with the ICANN process around IDNs. ... When I joined the Open Source Initiative board of directors, we were also struggling with a similar, but slightly different problem. more

Telecoms Competition on a Downhill Slide in America

That is what happens when you base your telecommunications policies on the wrong foundations. The problems with the telecommunications industry in America go back to 1996 when the FCC decided that broadband in America should be classified as internet (being content) and that therefore it would not fall under the normal telecommunication regulations. Suddenly what are known as telecommunications common carriers in other parts of the world became ISPs in the USA. How odd is that? more

Russia Targeted British Telecom, Media, Energy Sectors, Reveals UK National Cyber Security Centre

Speaking at The Times Tech Summit in London, Ciaran Martin, chief of the National Cyber Security Centre (NCSC), warned Russia is seeking to undermine the international system. more

Why More Effort Won’t Solve the Exceptional Access Problem

In the debate over government "exceptional access" to encrypted communications, opponents with a technical bent (and that includes me) have said that it won't work: that such a scheme would inevitably lead to security problems. The response -- from the policy side, not from technical folk - has been to assert that perhaps more effort would suffice. FBI Director James Comey has said, "But my reaction to that is: I'm not sure they've really tried." Hillary Clinton wants a "Manhattan-like project, something that would bring the government and the tech communities together". More effort won't solve the problem - but the misunderstanding lies at the heart of why exceptional access is so hard. more

Internet Challenges Need Win-Win Solutions

The current internet versus telcos debate that is going to be played out at the WCIT conference in Dubai later this year is still following the old confrontational pattern. The telco industry, for all the right reasons, started off as a monopolistic one. With the limited technology and knowledge of that time this system has been able to deliver telephone networks to all the countries in the world, and the industry can be proud of that achievement... However technology and knowledge have progressed... more

Analysis of Wireless Broadband Plan in 2nd Stimulus Package

While it was good to see that the Administration included telecoms in its new stimulus package - which was launched in September 2011 - the concerns expressed when the project was announced last year still persist. Wireless is not a solution to the significant broadband problems the USA is facing. ... The new plan seems to be driven more by the failed attempts in previous initiatives to roll out more broadband infrastructure. more

Electronic Frontier Foundation Tells ICANN to Delete URS from .Travel

The Electronic Frontier Foundation (EFF) has just told ICANN to drop the notion of applying the Uniform Rapid Suspension (URS) dispute resolution system to .Travel and other legacy gTLDs without undertaking a full Policy Development Process (PDP). In a June 12 letter, EFF stated: ICANN should not apply URS to the .travel domain, or to any additional domains, by the unaccountable means of staff inserting new conditions into the renewal of the registry operator's contract. Rather, the public policy implications of such a move demand that a full PDP be undertaken first.  more

The UN’s AI Leadership

In the same way monarchs are proclaimed - by powerful stakeholders attending a coronation and not objecting - the UN's International Telecommunication Union (ITU) took a mandate last week to coordinate AI Safety worldwide, with most industry leaders and relevant UN agencies were present when it did so. more

Opinion: UK Moving Quickly Down the Slippery Slope…

Admittedly, I'm a not Johnny-come-lately with regards to surveillance, intelligence, telecommunications, network security, law enforcement, and a cross-pollination of all-of-the-above. I actually have a very colorful background of working within all of the aforementioned disciplines - at one time or another - either through the U.S. Military, U.S Government contractors, private industry, etc. ... And unfortunately, I am not generally "shocked" very often by much of the abuses being perpetrated on unwitting Internet users, both by supposedly "trusted" entities (e.g. Democratic Governments, ISPs, etc.) more

Integrating the GAC More Effectively

We all may have breathed a sigh of relief when the ICANN Governmental Advisory Committee (GAC) and the Board concluded their eleventh-hour negotiations on new generic Top-Level Domains (gTLDs) with some measure of success, but we can all agree that panicked policymaking is, at best, less than optimal. ICANN needs to integrate GAC input more effectively. The Final Report recently issued by the Joint Working Group (JWG) of the ICANN Board and the GAC contains several thoughtful and productive recommendations. more

New Jersey Becomes Latest State to Implement Its Own Net Neutrality Rules

New Jersey on Monday became the latest state to implement its own net neutrality rules following the FCC's Repeal. more