Policy & Regulation

NJ Content Liability Law Ruled Inconsistent with Sec. 230 (just like in Washington and Tennesse)

Back in a time before most members of Congress or prosecutors knew that there was an Internet, there was Prodigy. Prodigy, as part of its service, ran family-friendly chat rooms that it moderated in an effort to keep kids protected from unfortunate content. In a different Prodigy chat room, some unknown third party said something apparently bad about an investment firm Stratton-Oakmont. Stratton-Oakmont didn't like that very much, and sued. more

India’s eCommerce Policy: NOT a ‘Bollywood Drama’ but an Adaptation of Script of Acts from Elsewhere

The draft e-commerce policy paper of the Ministry of Commerce and Industry of India raises valid observations concerning some of the imbalances, such as, on the excessive advantages gained by the "first movers" in the private sector, which implies advantages gained by the first -mover States on the Internet, on some of the prevailing gaps in the space and also on concerns about the abusive practices by a few e-commerce platforms and vendors. Most of these concerns are best addressed globally... more

Content - The Next Regulatory War Zone

At the 2014 TelSoc Charles Todd Oration the former Chair of the ACCC, Graeme Samuel, warned against the looming content monopoly... "There is a constant risk that the exclusive tie-up of rights to content for new and emerging markets will allow the right holders to shut out competition across a wide range of services delivered over new networks." He didn't think that the current telcos have the right expertise to enter the content market... more

Scaremongering from Spy Agents

In an article for the Financial Times, Mr Hannigan -- the chief of the British spy agency GCHQ said: "I understand why they [US technology companies] have an uneasy relationship with governments. They aspire to be neutral conduits of data and to sit outside or above politics." "But increasingly their services not only host the material of violent extremism or child exploitation, but are the routes for the facilitation of crime and terrorism."... more

Can the Internet Work Across Borders?

On the face of it, the answer is a rather obvious and simple "yes"! The Internet obviously works across borders. Technically, it is a global network servicing its users wherever they may be on the planet. But it is this very nature -- the fact that the Internet is not bound to a specific country or territory -- which has more and more people asking themselves whether it can really work across borders. more

Pre-Registrations of .NYC Domain Names and the Shattered Dream

In response to United Domains pre-registration of .nyc domain names, we posted the below on our blog and the NARLO sites yesterday. While United Domains pre-registration service is free and non-binding, the North American Regional At Large Organization, part of the ICANN governance ecology, is concerned that "the offer of such a service could create artificial demand..." 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

World’s Growing Refugee Population Requires Access to Broadband to Mitigate Problems, Says Report

Many of the problems refugees and their host countries face can be mitigated and made easier to solve if internet connectivity gaps are closed, says a team of senior communications experts working with UN High Commissioner for Refugees (UNHCR). more

Human Rights and Standards Development Organizations

Do human rights come into the picture when technology and policy work are involved? If so, where? This is a question that has come up multiple times during the last dozen years, and occasionally even before, in Internet Governance discussions. These discussions have included debates on whether human rights were specifically applicable to protocol design or to the organizations developing protocol standards. more

Broken Policies

As an email policy wonk, I think a lot about how specific policy implementations can go wrong. Sure, every policy can go wrong, or not fit a common case. A lot of people only write polices that address common cases and don't worry about the rarer cases. The problem is there are some rare cases that may cause significant harm and those cases should be addressed. Consumerist has a case up about email policy gone wrong with a clear path to harm but no policy for handling the issue. There are a couple places I see where this policy hole can be fixed. more

ICANN, NTIA, Verisign and ANA Weighing In on ‘Name Collisions’ and the Readiness of New gTLD Program

Gregory S. Shatan of Reed Smith writes: "Last week, ICANN (the organization that oversees the domain name system of the Internet) was busy with nothing less than the security and stability of the Internet. At ICANN's recent meeting in Durban, those of us attending heard a drumbeat of studies, presentations and concerns regarding "name collisions": the conflicts that will arise when new gTLDs go live and conflict with existing top-level extensions in private networks..." 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

From ICANN57 Hyderabad to the 3rd WIC Wuzhen Summit: A Moment of Consensus on Internet Governance

Two events that happened last month deserve an additional note. One is the ICANN57 conference held in Hyderabad on November 3-9. The other is the 3rd World Internet Conference Wuzhen Summit held in Zhejiang Province on November 16-18. Though being completely overwhelmed by the result of President election in the United States, both events mark the victory of non-state actors and serve as good news for the community. more

Human Rights and Regular Internet Users

Human rights are a topic that came up several times at the IETF meeting that just ended. There's a Human Rights Research Group that had a session with a bunch of short presentations, and the featured two talks at the plenary asking, 'Can Internet Protocols Affect Human Rights?' The second one, by David Clark of MIT, was particularly good, talking about "tussle" and how one has to design for it or else people will work around you. more

Is It Time for Social Networks to Adopt Some Trademark Protection?

The headlines this week say that over 200 million domain names now exist on the internet. Pretty impressive... But consider the explosive growth of Social Networks. The top twenty social networks alone have over 2 billion user names. With User Names on social networks rapidly becoming the Internet's new brand identifiers, I wonder: is it time that we apply the same trademark rules we have for domain names to user names as well? more