On November 16, the Republican Study Committee, a caucus of conservative Republican members of the U.S. House of Representatives, inadvertently released a policy brief entitled "Three Myths About Copyright Law" which was quickly withdrawn. Of course, as a work of the U.S. government, this document does not itself enjoy copyright protection, so it is widely available on the internet through groups like The Internet Archive project. more
Given the level of public interest in Ethos' acquisition of Public Interest Registry ("PIR") from the Internet Society, it is no surprise that this agreement continues to attract press attention. Ethos welcomes open discussion on this important investment, and we are of course following the media coverage closely. Unfortunately, it is not always possible to respond point-by-point to every article, so I would like to take this opportunity to address several mischaracterizations of the deal recently reported by Wired, Deutsche Welle, and others. more
The Internet Association -- a trade group that represents 36 companies including Google, Netflix, Amazon, Facebook, Twitter, eBay, Yahoo, and PayPal -- submitted comments (PDF) to the Federal Communications Commission on Monday to formally oppose a proposal to let Internet service providers charge content providers for priority access in their networks. The FCC is currently weighing a proposal to establish guidelines to protect the open Internet. more
In a blog post published today on Microsoft's website, company President and Chief Legal Officer, Brad Smith, has raised concerns over escalating cyberattcks over the past year and the need for a Digital Geneva Convention. more
Anybody that reads my blog posts knows that I am in favor of broadband regulation. I'm sure ISPs read this and wonder why -- because who doesn't like being unregulated? My feelings on this go back to basic economics - monopolies must either be regulated or split up. By definition, monopolies always end up taking advantage of consumers - unregulated monopolies really can't help this behavior because employees and management of monopolies will inevitably take advantage of monopoly market power. more
As the recent Senate vote on gun reform legislation has shown (wherein 42 of the 45 dissenting senators had recently received donations from gun industry lobbyists), getting things done for the good of the people is a hard task where legislation is concerned. It has been thus with the US's broadband infrastructure for years. A number of states have legislated against community broadband networks, often resulting from the lobbying efforts of the main telcos affected. State Legislatures commonly pass bills revoking local decision-making authorities from communities, effectively making them dependent on the dominant cableco and DSL provider. more
Is the United States in full retreat from internationally recognized regulatory best practice? Or is it instead headed toward some different destination -- "dancing to the beat of a different drummer"? Where is this likely to lead? The following is an introduction to a paper, published by IDATE, from J. Scott Marcus, a Senior Consultant for WIK-Consult GmbH: "...What has radically changed is telecoms regulatory practice in the United States. The U.S., in a long series of regulatory decisions, has largely abandoned its long-standing regulatory principles and moved in an entirely new direction." more
The newly released handbook applies the practice of international law with respect to electronic warfare. The Tallinn Manual on the International Law Applicable to Cyber Warfare -- named for the Estonian capital where it was compiled -- was created at the behest of the NATO Co-operative Cyber Defence Centre of Excellence, a NATO think tank. It takes current rules on battlefield behaviour, such as the 1868 St Petersburg Declaration and the 1949 Geneva Convention, to the internet, occasionally in unexpected ways. more
In the winter of 2014 I wrote a blogpost under the title 'Luddites of the 21st century unite?' (read here). In the post I wondered where the 21st century Luddites were. ICT, automation, artificial intelligence all threatened jobs, yet all those affected embraced smartphones and the Internet in droves. It seems I found them, but what to do? Brexit and Luddites Fast forward to early summer 2016. more
As is normal with a change of administration, there are articles in the press discussing the likely legacy of the outgoing administration. Leading the pack in singing his own praises is former FCC Chairman Ajit Pai, who recently published this document listing a huge list of accomplishments of the FCC under his Chairmanship. Maybe it's just me, but it feels unseemly for a public servant to publish an official self-praise document. more
Germany is trying to beef up its cyber defense, after the interior minister called for rules that allow nations to attack foreign hackers targeting critical infrastructure. more
"Activists and academics are calling on Canada's privacy commissioner to investigate after an executive order from President Donald Trump last week stripped Canadians and other foreigners of the limited digital privacy protections they had enjoyed previously in the U.S," Daniel Tencer reporting in the Huffington Post. more
The ICANN community is currently in full congratulatory mode because the team responsible for the delivery of the Phase 1 Final Report of the Expedited Policy Development Process on gTLD Registry Data (EPDP) has managed to do so in a record-breaking seven months. The GNSO Council approved the Final Report in a special meeting on 4 March 2019, and the report will now be sent to the ICANN Board for consideration and hopefully adoption. more
There's been some good discussion here about possible policy changes which Canadian Internet Registration Authority (CIRA) could consider. But there's more to the CIRA Board election which is underway than simply arguing about whether a PO Box satisfies a "presence" requirement. CIRA's done pretty well over the past decade, but it's not perfect. As a candidate for re-election to the CIRA Board (and currently Vice-Chair) here are some of my own personal thoughts regarding ways in which CIRA might improve. I call this (unoriginally, I know) CIRA 2.0. more
For the past several months, there has been much discussion within the ICANN community about something called "PDP 3.0". This has been raised in a number of different contexts including as part of ICANN's new governance review. But what exactly is PDP 3.0? And, will it save ICANN's multi-stakeholder governance model? I believe that if we are to save the multi-stakeholder model then now is the time to address the big issues not just the low hanging fruit on the surface - a new approach to achieving consensus across parties with widely differing views is needed. more
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