Policy & Regulation

2020’s New Internet Success – Rejoinder

The posting with a similar name seems a bit contrived by anonymous in some strange attempt to enhance its significance. Many others, including myself, have been discussing this subject for some time. Indeed, a concerted lobbying effort and anti-competitive efforts by legacy TCP/IP internet stakeholders have been really ramped up over the past year to mischaracterize what is occurring. more

Best Practices: A Meaningless Term

Chad White wrote an article for MediaPost about best practices which parallels a lot of thinking I've been doing about how the email marketing industry treats best practices. After several conversations recently about "best practices," I'm convinced that the term is now meaningless. It's been bastardized in the same way that the definition of "spam" has shifted to the point that it has very different meanings to different groups of people. more

The Issue of Market-Initiated Competition in Telecoms

Many political discussions are taking place all over the world about how to best stimulate national or provincial telecommunications infrastructure investments against the background of current market dynamics. In this context the question often revolves around whether there is a market failure and, if so, does the government have a role to play here to address the matter, or can it be left for the market to sort out. more

Non-Profit Organizations Send Joint Letter to ICANN Opposing the Removal of .org Price Caps

In a joint letter sent to ICANN on Monday, a group of non-profit organizations has opposed the removal of price caps in the .org Registry Agreement. more

Editorials Against PROTECT-IP

First the Los Angeles Times, now the New York Times have both printed editorials critical of the PROTECT-IP bill. Both the LAT and NYT support copyright - and announce as much in their opening sentences. That doesn't mean we should sacrifice Internet security and stability for legitimate DNS users, nor the transparency of the rule of law. more

FCC Chair Releases Draft to Abandon Net Neutrality, Says Gov’t Must Stop Micromanaging the Internet

Federal Communications Commission Chairman Ajit Pai today released a statement on his draft "Restoring Internet Freedom Order", circulated to Commissioners this morning and will be voted on at the FCC's Open Meeting on December 14 more

Have You Had Your GDPR Training Today?

The suggestion was recently put to the GNSO Council: anyone who becomes a member of a proposed new Expedited Policy Development Process (EPDP) must be able to demonstrate that they have basic knowledge of privacy and data protection. This makes a lot of sense: Would you trust a lawyer who had never been to law school? Or a doctor who had never studied medicine? Of course not. Recently I asked members of our ICANN Community: have you had any GDPR training, classes, or certification? more

Perhaps It’s Time to Regulate Microsoft as Critical Infrastructure?

My main argument is about the policy of handling vulnerabilities for 6 months without patching (such as the Google attacks 0day apparently was) and the policy of waiting a whole month before patching this very same vulnerability when it first became an in-the-wild 0day exploit (it has now been patched, ahead of schedule). Microsoft is the main proponent of responsible disclosure, and has shown it is a responsible vendor... I simply call on it to stay responsible and amend its faulty and dangerous policies. more

Software-Defined Networking: What’s New, and What’s New for Tech Policy?

The Silicon Flatirons Conference on Regulating Computing and Code is taking place in Boulder. The annual conference addresses a range of issues at the intersection of technology and policy and provides an excellent look ahead to the tech policy issues on the horizon, particularly in telecommunications. I was looking forward to yesterday's panel on "The Triumph of Software and Software-Defined Networks", which had some good discussion on the ongoing problem surrounding security and privacy of the Internet of Things (IoT)... more

Does the Internet Need “Governance”?

It's remarkable to me that there are now two powerful agencies fighting to "govern" the Internet -- the ITU and the FCC. On any given day, it's hard to tell whether they are on the same side or different sides. The ITU process apparently began in earnest with the World Summit for the Information Society (WSIS) meetings, where the concept of "Internet Governance" became an urgent goal. The FCC process began when incumbent Internet Access Providers (IAPs) argued that "Net Neutrality" was a stalking horse for government control... more

FTC Comment Period Emphasizes the Need for a Better WHOIS System

Late last year, the U.S. Federal Trade Commission - the governmental arm responsible for protecting Americans from unfair trade practices -- opened a comment period on a proposed "Trade Regulation Rule on Impersonation of Governments and Businesses." It's no surprise that those who are victims of or are battling online impersonation saw this as an opportunity to highlight the importance of a working domain name registration data system ("WHOIS") ... more

ICANN Board Gets Decisive, Vertical Integration Debate Killed Off

Michele Neylon writes: "Earlier this morning ICANN made public the resolutions from the most recent board meeting of November 5th 2010. The meeting was not a "normal" meeting - it was deemed a "special meeting" and its sole topic was vertical integration and cross-ownership between registrars and registries. This topic, often simply referred to as VI, has been a subject of debate - often very heated - for the last 12 months." more

Wall Street Bailout: Could Learn a Thing or Two From Botnets

Well, at this point, the government is well on its way to bailing out Wall Street from its own incompetence, putting taxpayers on the hook for $700 billion. The worst part is that as Treasury Secretary Hank Paulson puts it, "You're worried about taxpayers being on the hook? Well, guess what? They're already on the hook!" I read that and said "Aw, crap..." Anyhow, Wall Street should maybe learn something from botnet operators. For you see, botnets are not just for sending spam anymore. The bots have diversified their holdings... more

Human Rights and the Digital Domain Primer - Part 4

The digital domain encompasses the different spaces and spheres we use to relate and interact with the people and things that surround us using digital technologies. The Universal Declaration of Human Rights, UDHR, as the globally accepted standard, should serve us as the guiding light when it comes to striking the delicate balance between our rights and responsibilities on and off-line. more

Tackling Cyber Security: Should We Trust the Libertarians? Part 2

A couple of months ago, I wrote a post posing the question of whether or not more government regulation is required in order to secure the Internet. On the one hand, anonymity is viewed in the west as a forum for freedom of speech. The anonymity of the Internet allows dissidents to speak up against unpopular governments. However, the anonymity afforded by the Internet is not so much by design as it is byproduct of its original designers not seeing how widespread it would eventually become. more