Policy & Regulation

With the New US CTO, Why Not a New OCA: Office of Connectivity Advocacy

We need a positive strategy for assuring connectivity. Instead of trying to fix telecom we should be working to take advantage of what we have and build vital, even if mundane applications like telemedicine and broaden our access to information while empowering communities. By realizing the value in our existing infrastructure and encouraging the creativity we can provide immediate benefits to our economy and our safety. We need a "Connectivity Strategy" with a champion... more

Net Neutrality: What Is Old Is New Again

On July 22, the FCC's open Internet order - which transforms Internet access service from a lightly regulated information service into a heavily regulated telecommunications service - will take effect. This article describes the policies and legal theories underlying the Order and the Order's effect on consumers of Internet services and providers of the service, including a number of entities that had previously escaped FCC regulation. more

Open Season

In June 2016 the Organization for Economic Cooperation and Development (OECD) hosted a meeting of ministers to consider the state of the Digital Economy. The central message from this meeting was the message that: "Governments must act faster to help people and firms to make greater use of the Internet and remove regulatory barriers to digital innovation or else risk missing out on the potentially huge economic and social benefits of the digital economy." All well and good, and as a piece of rhetoric it seems to strike an appropriately positive note without straying far from what appears to be bland truisms of our time. more

Critics Say FCC’s New Report Declaring US Broadband Healthier Than Ever is Based on Flawed Data

The US Federal Communications Commission (FCC) released its 2019 Broadband Deployment Report on Wednesday stating the digital divide is shrinking substantially, and more Americans than ever have access to high-speed broadband. more

Thailand Passes Law Giving Sweeping Powers to State Cyber Agencies

Thailand's military-appointed parliament on Thursday passed a controversial cybersecurity law which gives sweeping powers to state cyber agencies. more

A Template for Adequacy: EU Pitches for Data Protection Gold Standard

Largely unnoticed by technology and Brussels wonks, the European Commission's on adequacy for international data flows was released in early January. The primary aim of this document is to promote the EU's data protection regime as the global gold standard, to which other countries should aspire. In so doing, the Commission wants to remove data protection as a bargaining chip in free trade negotiations, insisting this should instead be dealt with separately, by opening adequacy negotiations with the Commission. more

Amazon Gets FCC Approval to Deploy Its Project Kuiper Broadband Satellites

Today, the FCC has sided with Amazon in a regulatory battle over Project Kuiper, the company's satellite internet system. Despite objections from rival SpaceX, the commission has approved Amazon's plan to prevent the upcoming satellite internet constellation from causing orbital debris in space. more

A Closer Look at the “Sovereign Runet” Law

In December 2018, a bill on the "stable operation" of the Russian segment of the Internet was introduced and got the title "Sovereign Runet" in mass media and among the public. It was adopted after 5 months later, despite doubts about the technical feasibility of its implementation. The law is very ambitious in its intent to simultaneously control Internet traffic and protect Runet from some external threats, but legislators still have no idea how it would actually work. more

A New U.S. National Broadband Plan?

United States Senator Edward Markey (D-Mass) introduced a bill that would require that the FCC create a new National Broadband Plan by July 2021. This plan would lay out the national goals needed for broadband going forward and also provide an update on how the COVID-19 crisis has impacted Internet access. I am not a big fan of the concept of a national plan for many reasons. more

As We Head to ICANN64 in Japan, Let’s Pay Attention to National and Global Context of the Region

Soon it'll be time again for some of us to pack our bags and head for the ICANN64 meeting in Kobe, Japan. Even if you plan to stay at home, it still will be helpful to understand the national and global context in which the meeting is taking place. One way to do that is by looking at Japan's Prime Minister's Shinzo Abe recent Keynote Speech at the World Economic Forum Annual Meeting, (Jan 23rd, 2019) entitled: "Toward a New Era of "Hope-Driven Economy" more

How Effective Are Internet Blackouts? Insights from Uganda

On 18th February, 2016, Uganda Communications Commission, the Telco regulator, ordered all ISPs to sever access to Facebook, Twitter and WhatsApp. 11 million Internet users, including myself were forced to live through a four-day Internet blackout. With this unprecedented move, Uganda joined Syria, Russia, Egypt, Burundi and other regimes that have weaponized the Internet to curtail free speech and access to information. more

Over 80 European Organizations Demand Protection for Net Neutrality

Today, more than 80 organizations, represented by The European Consumer Organization (BEUC) and European Digital Rights (EDRi), sent a letter to the European Commission demanding the end of dangerous experimentation with the functioning of the Internet in Europe and the protection of the principles of openness and neutrality. more

Federal Data Crisis: Unreliable Federal Databases are Destroying Opportunities for Small Businesses

Databases are the infrastructure of the modern administrative state and data is its lifeblood. When the data is contaminated with errors, federal agencies have difficulty performing even the most basic administrative functions such as managing its inventory of office space and protecting the personally identifiable information (PII) of social security number holders. The federal dissemination of unreliable data doesn't just waste money; it undermines public trust in government and leaves it unmanageable. more

Protecting Privacy Differently

My thesis is simple: the way we protect privacy today is broken and cannot be fixed without a radical change in direction. My full argument is long; I submitted it to the NTIA's request for comments on privacy. Here's a short summary. For almost 50 years, privacy protection has been based on the Fair Information Practice Principles (FIPPs). There are several provisions... more

Over the Top Services at the ITU PP-2018: Considering the Pittsburgh Massacre

This past Saturday, a self-professed neo-Nazi massacred eleven worshipers at synagogue services in Pittsburgh. The killer was reported to have lived on and was incented by an "Over the Top (OTT)" service purposely established to facilitate extremist activities known as Gab. Within hours, the cloud service providers hosting their services announced they would no longer provide hosting services. Presumably, the threat of both potential civil litigation liability among other penalties, as well as adverse publicity, provided the motivation. more