Policy & Regulation

Time for Outrage! (continued)

When the scale of global surveillance carried out by the NSA (USA) and by the GCHQ (UK) was exposed by Edward Snowden through The Guardian, people around the world were shocked to discover how two established democracies routinely resort to methods that they have long deplored -- and rightly so -- in dictatorships, theocracies and other single-party arrangements. In a previous article, I lamented the fact that by carrying out this surveillance on an unprecedented scale, the US and the UK are, in fact, converging with the very regimes they criticize. more

What is a Security Mechanism?

Orin Kerr recently blogged about a 9th Circuit decision that held that scraping a public web site (probably) doesn't violate the Computer Fraud and Abuse Act (CFAA)... On its surface, it makes sense – you can't steal something that's public – but I think the simplicity of the rule is hiding some profound questions. One, I believe, can most easily be expressed as "what is the cost of the 'attack'"? That is, how much effort must someone expend to get the data? Does that matter? Should it? more

Study Links Half of “Rogue” Online Pharmacies to Two Domain Name Registrars

Brian Krebs reporting in Krebs on Security: "Half of all 'rogue' online pharmacies -- sites that sell prescription drugs without requiring a prescription -- got their Web site names from just two domain name registrars, a study released today found. The findings illustrate the challenges facing Internet policymakers in an industry that is largely self-regulated and rewards companies who market their services as safe havens for shadowy businesses." more

Lawrence Lessig’s Reaction to McCain’s Technology Plan

In reaction to U.S. republican presidential candidate John McCain's release of his technology policy statement on August 14, Lawrence Lessig has released a video presentation criticizing the tech plan for lack of change to important issues such as broadband penetration declines in the country. Early during the video presentation, Lessig has this to say: "...the single most important fact about internet's development in last decade has been the extraordinary decline United States has faced with respect to our competitive partners. We started the Bush administration at no. 5, we will end at no. 22. And the question anybody should be asking about internet policy here, is why we did so poorly and what change there might be to reverse that decline..." more

The Latest OEWG on ICTs Report: Thoughts and Recommendations

At the end of July, the Open-ended Working Group (OEWG) on ICTs -- which is currently discussing how states should and shouldn't behave in cyberspace - concluded its third meeting, which falls in the middle of its four-year mandate (ending in 2025). Below, we provide a summary of what happened, reflections on the outcomes and implications (the good and the bad), and some practical recommendations for stakeholders and governments to consider ahead of the next meeting. more

Substantial Majority of Americans Say Local Governments Should Be Able to Build Their Own Broadband

A recent study conducted Pew Research Center in March 13-27, has found a substantial majority of the American public (70%) believes local governments should be able to build their own broadband networks if existing services in the area are either too expensive or not good enough. more

Cruz’s Crusade Against IANA Transition Continues with Senate Hearing

Senator Cruz's against the IANA transition will continue next week with a senate hearing next week. The hearing is entitled: Protecting Internet Freedom: Implications of Ending U.S. Oversight of the Internet. While the hearing is being chaired by Cruz, no indication of who else will be speaking has been made public so far. In a press release from Cruz's offices earlier this evening, the Senator continued his almost hysterical and misleading narrative. more

ccTLDs Might Be Property

The long-running saga of victims who are pursuing 'state sponsors of terrorism' via ICANN has taken yet another turn. Some time back the Plaintiffs in Rubin & ors -v- Islamic Republic of Iran & ors managed to obtain Writs of Attachment in the Federal court district in Washington (D.C.) courts ordering that the ccTLDs of those respective countries be seized in part-payment of the damages they are owed. ICANN, fairly predictably, became involved at this point. more

Spin Doctoring from FBI in the Apple Case

It is rather amazing to follow the reporting on the FBI vs Apple case in relation to the FBI's order to Apple to provide them with software that would allow them to crack the security code on all Apple phones. In some of those reports spin doctoring from the FBI -- especially through the public media -- led you to believe that Apple is not willing to assist the FBI in the San Bernardino murder case. This is, however, blatantly false. more

Attacking DNS Abuse: The Next Amendments Needed

Abusive behavior that leverages the domain name system (DNS) continues to be a problem, with a reach that has been widely and credibly documented. There is little doubt that bad actors continue to use the DNS for nefarious and costly purposes. While the amendments made in 2024 to ICANN's Registry Agreement (RA) and Registrar Accreditation Agreement (RAA) were a step in the right direction, more advanced tools are needed to bring abuse rates down. more

Telecoms Leadership and the State of the Union

Before, during and after his inaugural speech (January 2009) President Obama spoke of the national benefits of broadband, and the changes which have been set in motion in the US telecoms market that were unheard of even a year ago. During the previous administration the incumbent telcos and cable companies had been given more freedom. As a consequence, innovation and competition dwindled and the US was no longer a leader in telecoms... However, since that time, the White House has lost some of its initial leadership. more

The Importance of the Emerging Data Trusts

I recently followed a webinar session organized by the University of Queensland on the factory of the future. Smart or not, the future will still need factories to make the stuff we humans use every day. One of the discussed questions included: "how will existing production models cope with the staggering and ongoing rate of digital disruption and advanced capabilities?" more

China Using Cybertechnologies to Expand Their Political Cloud

A few months ago, I mentioned that China’s social code would also be expanded to companies who want to deal with China. I have come across information that shows that China is indeed serious about this. China’s cyberspace regulator has proposed requiring companies pursuing share listings in Hong Kong to apply for cybersecurity inspections if they handle data that concerns national security. Large internet platforms planning to set up headquarters, operating or research centers abroad will have to submit a report to regulators. more

WSIS+10 Consultations at the U.N. Next Week: The Negotiations Are Accelerating

Next Monday the WSIS+10 Second Informal Interactive Consultations will take place at the UN Headquarters in New York. Much of the discussions will focus on what is called the "zero draft", which is the draft outcome document of the overall ten-year Review of the World Summit on the Information Society (WSIS). As it stands, the text is an effort from the negotiators to collect multiple perspectives, reconcile differences and hopefully make progress towards consensus before the UN General Assembly High-Level Meeting in December. more

FCC Votes Unanimously on Net Neutrality, McCain Introduces Bill to Block the Move

U.S. Senator John McCain has introduced a legislation that could block the U.S. Federal Communications Commission (FCC) from developing open Internet regulation which the agency voted on unanimously on Thursday. "Today I'm pleased to introduce the Internet Freedom Act of 2009 that will keep the Internet free from government control and regulation," said McCain. "It will allow for continued innovation that will in turn create more high-paying jobs for the millions of Americans who are out of work or seeking new employment. Keeping businesses free from oppressive regulations is the best stimulus for the current economy." more