Policy & Regulation

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Reshaping Cyberspace: Beyond the Emerging Online Mercenaries and the Aftermath of SolarWinds

Ahmed Mansoor is an internationally recognized human rights defender based in the Middle East and recipient of the Martin Ennals Award (sometimes referred to as a "Nobel Prize for human rights"), On August 10 and 11, 2016, Mansoor received an SMS text messages on his iPhone promising "new secrets" about detainees tortured if he clicked on an included link. Instead of clicking, Mansoor sent the messages to the Canadian Citizen Lab researchers. more

Global Surveillance: Towards Convergence?

Built for the most part during the Cold War, surveillance systems on a global scale were considered a vital necessity with the onset of nuclear weapons, if only to keep Mutually Assured Destruction at bay. Today, these systems are also used for domestic surveillance and universal data harvesting, including on one's own citizens. Should we still consider these systems with the same reverence as if we were, say, in the midst of some Cuban Missile Crisis? more

Revised Top Level Domain Law in Sweden?

On March 31, Swedish regulatory overview office, Post and Telecom Authority published a 54 pages report on revision of the Swedish Top-Level Domain (TLD) law for internet. The report contains proposals for revision of policy and Swedish law regulating top level domains. This is not a surprise. The issue has been simmering for ten years, at least. However, with increasing dependency of information society, public regulators are increasingly inclined to revise public regulation in the area. more

Return of Net Neutrality: Discussion of European Net Neutrality Proposal Relevant for U.S. Broadband Market

There is an interesting recent discussion in Europe about net neutrality that has relevance to the U.S. broadband market. The European Commission that oversees telecom and broadband has started taking comments on a proposal to force content generators like Netflix to pay fees to ISPs for using the Internet. I've seen this same idea circulating here from time to time, and in fact, this was one of the issues that convinced the FCC first to implement net neutrality. more

Privacy in the Age of COVID-19

The Washington Post reports that a recent poll conducted shows that 3 out of 5 Americans are unable or unwilling to use an infection-alerting app developed by Google and Apple. About 1 in 6 adults can't use the app because they don't own a smartphone -- with the lowest ownership levels for those 65 and older. People with smartphones evenly split between those willing versus unwilling to use such an app. more

White House Issues Update on Cybersecurity Report

J. Nicholas Hoover reporting in InformationWeek: "The White House on Wednesday issued an update of the Obama administration's ongoing cybersecurity work, detailing some of the steps being taken in an effort to secure the nation's networks against cyber attacks and in the process offering some new insight into the administration's future plans. The progress report, issued immediately after a meeting held by White House cybersecurity coordinator Howard Schmidt with agency secretaries, cybersecurity experts..." more

Likely and Behind the Scenes Changes at the FCC

It should come as no surprise that the Federal Communications Commission will substantially change its regulatory approach, wingspan and philosophy under a Trump appointed Chairman. One can readily predict that the new FCC will largely undo what has transpired in previous years. However, that conclusion warrants greater calibration. more

Facebook Is Right to Call the Australian Government Bluff

As mentioned in previous analyses, the way that the Government has approached its battle with the digital giants has been flawed from the beginning. True, its tough stand had made Google pay media companies well above what these companies would have been able to negotiate individually with Google, but the fundamentals of why these battles are taking place are still unchanged. more

eco to Address the Impact of Brexit on the Domain Industry

eco, which is the largest internet industry association in Europe, is holding a virtual meeting later this month to discuss Brexit. The meeting, which is scheduled for July 27th at 1200 UTC, will be the first of several dialogues among industry to discuss the potential impact of the UK's exit from the EU on the domain name industry. As I mentioned in a recent post, the exit of the UK from the EU has an "unknown" impact on how domain name registries and registrars will interact with UK based registrants. more

US Court Upholds Repeal of Net Neutrality

The DC Circuit Court of Appeals ruled on the last day of September that the FCC had the authority to kill Title II regulation and to repeal net neutrality. However, the ruling wasn't entirely in the FCC's favor. The agency was ordered to look again at how the repeal of Title II regulation affects public safety. In a more important ruling, the courts said that the FCC didn't have the authority to stop states and municipalities from establishing their own rules for net neutrality. more

NTIA Revs up Rhetoric as IANA Transition Looms

It's been almost six weeks since the NTIA announced "that the proposal developed by the global Internet multistakeholder community meets the criteria NTIA outlined in March 2014 when it stated its intent to transition the U.S. Government's stewardship role for the Internet domain name system (DNS) technical functions, known as the Internet Assigned Numbers Authority (IANA) functions", and thereby signaled the start of the last lap of the IANA transition marathon. more

The Boundary Between Sec. 230 Immunity and Liability: Jones v. Dirty World Entertainment Recordings

Out in the wilderness of cyberspace is a boundary, marking the limits of Sec. 230 immunity. On the one side roams interactive services hosting third party content immune from liability for that third party content. On the other sides is the frontier, where interactive content hosts and creators meet, merge, and become one. Here host and author blend, collaborating to give rise to new creations. more

Fierce Political Battle Expected as FCC Chair Elaborated on Plan to Reverse ‘Net Neutrality’ Rules

FCC Chairman Ajit Pai speaking in Washington today, said he wants to reverse rules that boosted government regulatory powers over Internet service providers. more

NTIA Directs Smoke Signals Toward LA

On September 25th-26th the Cross Community Working Group developing enhanced accountability measures to accompany the IANA functions transition, and replace the "backstop" role played by the U.S., will meet in Los Angeles to review the 90 comments filed on their second draft Proposal and consider responsive modifications... As NTIA will be the primary evaluator of whether the transition & accountability package that is eventually forwarded by ICANN meets the criteria it set when it announced the transition in March 2014, CCWG participants in LA will be carefully reading the tea leaves of this latest NTIA statement. more

Experts Urge Immediate Halt on Development of “Giant” AIs

More than 1,000 experts in the artificial intelligence community have called for an immediate pause on the development of "giant" AI systems like GPT-4 for at least six months. more