Policy & Regulation

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Internet Governance in Transition: The ITU as a Battleground for Rival Visions

During the past few years, the International Telecommunication Union (ITU) has been a battleground where governments promote rival visions of how the Internet should be governed. Although there has been a recent cease-fire as Internet governance debates have focused more on the role of ICANN, those skirmishes may soon restart at the ITU... Co-authored by Ambassador Gross (chair of Wiley Rein's International & Internet Practice), Carl R. Frank, Umair Javed, and Sara M. Baxenberg (members of Wiley Rein's Telecom, Media & Technology Practice). more

IP Addresses and Personally Identifiable Information

I don't normally cheer for Google when I don't own shares in the company, but this time I will make an exception. Alma Whitten, Software Engineer at Google, today posted to their Public Policy Blog that IP addresses shouldn't be considered Personally Identifiable Information (PII). This is not a problem in the United States but it is in the EU, and if the EU actually were to legislate this it would most definitely affect Microsoft and Google's business functionality in the EU... more

.eu Domain Name Contract Signed: Registration Could Begin in Six to Nine Months

The long awaited Service Concession Contract to operate the .eu registry was signed yesterday (Oct. 12). Now the European Commission will formally notify ICANN of the selected registry operator allowing official negotiations to commence between EURid and ICANN to have .eu put in the root. According to the press release, registrations could begin in six to nine months... more

Google Voice Dispute Highlights an Opportunity for Mobile Network Operators

The recent row between Google, Apple and AT&T concerning the removal of Google Voice from the Apple iPhone store highlights the friction existing between network operators and so-called over the top (OTT) application providers. Most observers believe that AT&T initiated the blockade because Google Voice (which offers free or highly discounted calling rates) is a direct threat to AT&Ts call revenue (Google Voice users need only pay AT&T for access to the Internet). more

700 MHz Update: Will VZ Comply with the Rules?

Last Friday (HT: IPDemocracy), Google filed a petition [PDF] asking that the Commission ensure that Verizon understands what those "open platform" requirements for the C Block really mean. Verizon has taken the position in the past that its own devices won't be subject to the "open applications" and "open handsets" requirements of the C Block rules, and Google says it is concerned that Verizon doesn't plan to follow those requirements in the future. This is big. Here's the background... more

The Hack Back Bill in Congress is Better Than You’d Expect

Rep's Graves and Sinema recently introduced H.R. 4036, the catchily named Active Cyber Defense Certainty Act or ACDC act which creates some exceptions to criminal parts of computer crime laws. Lots of reports have decried "hack back" but if you read the bill, it's surprisingly well targeted. The first change is to what they call Attributional Technology, and says it's OK to put bait on your computer for an intruder intended to identify the intruder. more

ICANN’s Contract Not Enforceable on WHOIS Accuracy

This may or may not come as a shock to some of you, but ICANN's contract with the Domain Name Registrars, in terms of WHOIS inaccuracy is not enforceable. Bear with me. The ability of ICANN to enforce against a Registrar who fails to correct or delete a domain with false WHOIS does not exist. more

The Future of the Internet Economy: Chapter 2

The OECD held a "high-level" meeting in June 2011 that was intended to build upon the OECD Ministerial on The Future of the Internet Economy held in Seoul, Korea in June 2008. I was invited to attend this meeting as part of the delegation from the Internet Technical Advisory Committee (ITAC), and here I'd like to share my impressions of this meeting. This 2 day meeting, "The Internet Economy: Generating Innovation and Growth", had the objective of exploring a number of current issues in the public policy space... more

Policy Failure Enables Mass Malware: Part II (ICANN and OnlineNIC)

On Wednesday September 29th at 1PM there will be a meeting in the Old Executive Building in Washington D.C. with Registries and domain Registrars to discuss illegal Internet sales of prescription drugs. ICANN was originally invited but declined because citing "inappropriateness" . One "U.S." Registrar who definitely will not be in attendance is OnlineNIC more

Leading Domain Registries and Registrars Release Joint Document on Addressing ‘DNS Abuse’

A group of leading domain name registries and registrars have joined forces in the fight against abuse in the Domain Name System (DNS), by developing a "Framework to Address Abuse." Each contributing company has shared its expertise and experience mitigating abusive practices with the goal of submitting the resulting Framework as a foundational document for further discussion in the multistakeholder community.  more

The Future of the Internet: A Political View

Lets face it, gathering a collection of ministerial delegations to laboriously recite prepared speeches to each other sounds about as exciting as watching paint dry. And observing meetings where the major outcome appears to be limited to the scheduling of the next meeting can become somewhat tedious after a while. It should not be surprising that the level of expectation of tangible outcomes for such governmental meetings is invariably abysmally low. So what's the value of adding yet another meeting to governments' schedule? What makes the OECD-hosted ministerial meeting on the Future of the Internet Economy so unique in the context of the Internet's current political landscape and its political future? Why would a meeting about the dismal science of economics hold any interest at all? more

China Continues to Add 30M Broadband Subscribers Per Year

China continues to add broadband subscribers at a rate of about 30M per year. MIIT puts the January growth at 2.5M to a total of 152.5M. Of those, about 1.5M were DSL. They don't release fiber counts, but Jeff Heynen of Infonetics is reporting tens of millions of lines of fiber gear are in the pipeline. China has been consistently at 2-3M net adds per month. Two key policy moves are likely to maintain or even increase the growth rate. more

Report on Reaction to FOISA

On February 4, 2004, United States Congress held a hearing on a new proposed bill called the Fraudulent Online Identity Sanctions Act (FOISA). This bill will increase prison sentences by up to seven years in criminal cases if a domain owner provides "material and misleading false contact information to a domain name registrar, domain name registry, or other domain name registration authority." What follows is a collection of commentaries made in response to this proposed bill. more

Understanding 5G: A Basic Primer

The initial, essential step toward understanding 5G is to perform an intellectual body purge of the endless disgorging of cluelessness and disinformation that emerges from the Washington White House and radiates out around that city and then to the outside world that it infects. The institutes, pundits, self-professed experts, summits, and even the U.S. press all pretty much feed out of the same trough of 5G political slop that gets passed around as incantations of ignorance, spin, and K-street lobbying. more

Security, Standards, and IoT: Will Connected Devices Flourish Under Prescriptive Regimes?

Security for Internet-connected devices, the "Internet of Things" (IoT), is critically important. Now, more than ever, it is top of mind for device manufacturers, network operators, consumer advocates, lawmakers, and government regulators -- domestically and internationally. In the face of recent attacks, government authorities and consumer advocates have proposed legislation, frameworks, certifications, and labeling schemes. more