At the end of its 2024 term, the Supreme Court made two landmark rulings that limit federal agencies' regulatory powers. Loper Bright Enterprises v. Raimondo curtails their ability to create new regulations, while SEC v. Jarkesy reduces their capacity to enforce existing laws. These decisions significantly weaken agencies like the FCC in regulating sectors of the national economy, marking a substantial shift in administrative authority. more
David Redl has written to ICANN in relation to the ongoing work around whois and GDPR. The letter, which was shared with the GNSO Council last night, is a mixed bag. On the one hand, it offers the carrot in relation to what's been done so far, but then there's the not so veiled threat, which isn't a revelation by any means, of "domestic legislation." more
I have some bad news: the published literature on 'net neutrality' fails to grasp the stochastic nature of broadband and its implications. This means that the relationship of traffic management to QoE is universally misunderstood and/or misrepresented. As a result the whole policy process is being placed into opposition with nature! Nature isn't changing to accommodate the policy process. So the policy process has to change. more
There is currently a heated discussion going on in Europe, and particularly here in Germany, about the use of COVID-19 digital tracing apps, a discussion that shows us how much the Internet has become a matter of life and death. The uses for such apps are undeniable, but the idea of deployment still meets with popular resistance. Sensitized by countless leaks and hacks, and chafing under restrictions in their freedom of movement, people are concerned that even the last zones of privacy are to be monitored, and that the personal data collected could be misused. more
Modern Internet Standards provide for more reliability and further growth of the Internet. But are you using them? You can test this on the Dutch website www.internet.nl (also available in English and Polish). Recently the website was renewed. Not only the style has been adapted, but also the way the tests are performed and the test results are shown. A lot of additional information has been added, so that even the tech savvy internet users can find an explanation underpinning the test results. more
More than 50 major environmental groups have called on ICANN to protect the .ECO domain, representing a ground swell of public interest and support. Their letters are included with Big Room's community-priority .ECO application to ICANN... "This is one of the highest-level global mobilizations of the environmental community in history. Over 190 countries, more than 1,000 entities and over 10 million individual members are represented." more
We do live in turbulent times. There is such a lot happening, with many people feeling overwhelmed and lost. One of the reasons given why we do have these problems is technology. I would argue against that. In all reality, technology is a tool that we can use, and yes, we all know that we can use it for the wrong reasons (cars kill people, atom bombs, killer robots, chemical and biological warfare and so on). However, we have learned to live with it, and in general, the outcome from science, innovation and technology has been positive. more
Currently, the process for approving broadband construction projects on federal property varies from agency to agency. Property controlled by the federal government includes roads, about 30 percent of the nation's land and more than 10,000 buildings. The order will require the Departments of Agriculture, Commerce, Defense, Interior, Transportation and Veterans Affairs as well as the Postal Service to develop a single process for approving Internet construction projects. more
Just over one week ago, the New York Times published a major investigation into the intractable problem of illegal sexual images of minors being exchanged online. Despite flaws in the story and its companion pieces, the main take-away that Internet companies have failed to adequately address the problem has resonated widely. Prostasia Foundation too has been critical of some of the Internet platforms called out in the article. But at the same time, we need to be realistic about how much responsibility we can (or should) place on tech firms to solve this problem. more
Kenji Kushida is a scholar at Stanford University, who has written a most explanatory overview of how America came to dominate cyberspace, through computer companies. He traces the evolution of the Internet to a series of actions taken by the US government to limit the power of the telephone companies. Kushida looks at the USA, Europe and Japan from the perspective of what happened when telephone monopolies were broken up and competition introduced in the 1990s. more
The Subcommittee on Communications and Technology has scheduled a hearing for Wednesday, April 2, 2014 on "Ensuring the Security, Stability, Resilience, and Freedom of the Global Internet." more
A recent telephone poll conducted by professors at Berkeley and the University of Pennsylvania concluded, "Contrary to what many marketers claim, most adult Americans (66%) do not want marketers to tailor advertisements to their interest." The study's authors claim that their poll is the "the first nationally representative telephone (wireline and cell phone) survey to explore Americans' opinions about behavioral targeting by marketers." ... But what is most surprising about this poll is not that 66% of users said they do not want tailored online ads, but that 34% of users said they did! more
Net Neutrality has become a hot topic in India, following a brief but high-profile national debate instigated by a consultation paper from the Telecom Regulatory Authority of India (TRAI) that solicited views on what net neutrality is, and whether regulations protecting it are needed in India. The paper also hinted at possible regulation of all kinds of online services (like Skype, Uber, or Google) in the future. But no-one could have predicted what happened next... more
On the 5th of November 2019, the release of the first of ITU's Measuring Digital Development series coincided with Freedom House's unveiling of its Freedom on Net 2019 report. This serendipity prompted me to write this blog note after carefully examining both reports. On one hand, ITU's analytical publication, with its new friendly format, emphasizes that Internet use continues to spread, warning however that the digital gender gap is widening. more
I watch the controversy over the proposed sale of the .ORG domain with a mixture of bemusement and concern. Some in the ICANN community – mostly those who resent that the Internet ever became commercialized – oppose the sale of the Public Interest Registry to the for-profit company Ethos for $1.1 billion. The basis of their concern is that the domain for non-profits should be in the hands of a non-profit and that the new owners might increase the current $9.93 fee PIR charges for a domain. more