Policy & Regulation

Internet Access and the Missing Institutional Design

It's Friday, a day to tie some threads together. There were three announcements/events this week that are connected in a non-obvious way... These three elements go together in creating a picture of US policy towards Internet access at the beginning of 2008. Rather than seeing the Internet as an engine for economic growth, creativity, innovation, and new jobs -- and as the converged communications medium for the next generation -- current policy is to wait for private companies to decide when investment in access makes sense for them. Those private companies have plenty of incentives to shape access to suit their own business plans. more

M3AAWG and APWG Do the Best Survey Yet on WHOIS Redaction

M3AAWG, the Messaging, Malware, and Mobile, Anti-Abuse Working Group and APWG, the Anti-Phishing Working Group, surveyed their members about recent WHOIS changes. With over 300 results from security researchers, it's the broadest report yet on WHOIS use. The survey results confirm our concerns that WHOIS was a vital resource for security research, and its loss is a serious and ongoing problem. more

There Is No Cuban Home Internet Plan - And That’s Good News

I've followed Cuba's home-connectivity "plan" from the time it was leaked in 2015 until the recent Havana home Internet trial. I thought the plan was a bad idea when it was leaked -- it calls for installation of obsolete DSL (digital subscriber line) technology -- and now that the Havana trial is complete, I question whether the plan was real. ETECSA denied the validity of the leaked presentation at the time, and their definition of "broadband" was "at least 256 kb/s." more

Computer Transactions, Not People, Are Driving the Need for All-Fibre Networks

Ever since we first became involved in developing policies and strategies for countries relating to what are now known as national broadband networks, we have argued that those taking part in the strategic decision-making processes of designing these networks should look, not at what broadband can do now, but at what high-speed broadband can do to assist countries to create the best opportunities for future developments. more

Domain Slammers Go Phishing

ICANN introduced a requirement for domain name registrars to send out annual notices to all their customers (registrants) to check the Whois on their domain names to ensure the information is correct. While this seemed fairly reasonable (if cumbersome), the fact is it confuses the heck out of people -- and creates a whole lot of confusion for registrants. But that was a problem we could deal with. Fast-forward to October, 2008... more

Wait and See Approach on Abuse

Wait and see approach on abuse attracts ICANN Stakeholder attention: A few weeks ago I made a detailed argument as to why product safety applies to domains, just like it does to cars and high chairs. I also argued that good products equal good business or "economically advantaged" in the long run. Then I really made a strong statement, I said if we don't actively engage other Internet stakeholders -- those that interact with our products, we would eventually lose the opportunity to self-regulate. more

Horse’s Head in a Trademark Owner’s Bed

Recently, the Internet Corporation for Assigned Names and Numbers (ICANN) unveiled its Trademark Clearinghouse (TMCH), a tool it proposes will help fight trademark infringement relating to another of its new programs - generic top level domain (gTLD). As Lafeber describes, criticism of ICANN's gTLD program and subsequent TMCH database is mounting. Skeptics have noted that given the significant cost of registering a gTLD - the application fee is $185,000 and subsequent annual fees are $25,000 - the program appears to be solely a cash cow, without adding much value to Internet users. more

Pot…Kettle…Black: The REAL Hypocrisy Threatening the Future of the Internet

Amongst all of the media pieces in the run up to WCIT-12 next week, few have been as counterfactual as that appearing on the website of the National Journal. The editor, Jean-Christophe Nothias clearly has very little knowledge of how Internet economics or governance works, making such uninformed statements such as "Critically, the connections between the approximately 40,000 autonomous servers at a global level are ruled by contractual agreements between operating agencies." more

Is Internet Part of the Curriculum of Universities?

Recently I joined my son, who is in his final high school year, to visit the open day of the newly founded Leiden University College in The Hague. The school focuses on Liberal Arts & Science and offers a broad education on (international) politics, philosophy and economy. The idea is to prepare the next generation internationally oriented public servants and leaders of the future. Among others they have former Dutch Minister of Foreign affairs and Secretary General of NATO Jaap de Hoop Scheffer as a college professor. 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

What is ‘On-Tap’ at ICANN 38 - Brussels (There’s More to Belgium than Beer!)

As the shorter of the ICANN interregnums comes to a close and the ICANN faithful finalize their dinner reservation agendas for Brussels, it is time again for a preview of what will be 'on-tap' at next week's ICANN meeting. While, as always, there is a lot going on in ICANN Land, a scan of the blogosphere and ICANN list serves suggests that the four most discussed topics will be... more

ICANN Issues Notice of Breach of Registry Agreement to .Pharmacy TLD Operator

The National Association of Board of Pharmacy ("NABP"), the operator of the .Pharmacy top-level domain is in breach of its Registry Agreement with the ICANN according to a letter issued by the agency today. more

Google Asks U.S. Government to Allow Transparency for Its National Security Request Data

In an open letter published today, Google has asked the U.S. Attorney General and the Federal Bureau of Investigation for more transparency regarding national security request data in light of the NSA data collection controversy. more

Internet Governance and the Universal Declaration of Human Rights, Part 4: Article 13-15

This is Part 4 of a series of articles published (here in CircleID) on the UDHR and human rights in the cyberspaces of the Internet Ecosystem. Here we discuss Articles 13-15 and touch on other topics such as the role of cyber governance, empowered digital citizenship, and whistleblowers. At this point in this series of articles on the UDHR in the digital age, it is useful to pause and remind ourselves of the purpose of this analysis. 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