Policy & Regulation

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A New Low for the ICANN Multistakeholder Process

ICANN's dismissal of public comments submitted on the .COM Registry Amendment wasn't surprising given that it recently dismissed the public comments on the .Org Renewal Agreement, but the speed and disdain which it demonstrated was. Despite public pronouncements by ICANN President and CEO, Gören Marby and assurances from ICANN Board Chair, Maarten Botterman, that public comments were welcomed and that ICANN would take them seriously... more

Simplifying Legalese

I attended a conference last week on Data Protection and one of the prime issues that cropped was that on the immanent complexity of legalese that prevents users from understanding the Terms & Conditions for which they're signing up when they join a social network, use an app or visit a website. This led to the Users being disinterested in understanding the T&Cs. This had a huge impact on Data Protection Policies since Users were ignorant about how their data was being used... more

Addressing Recent Media Mischaracterizations of the .ORG Acquisition

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

When CDA Immunity is Not CDA Immunity

Here's a question: If 47 USC 230(c) (the Good Samaritan provision of the Communications Decency Act) says that online services are not liable for third party content, then can you even sue the online service? Shouldn't the online service be immune from lawsuit? Because, after all, what would be the point of being sued for something for which you cannot be liable? more

China Says It Will Use All Means, Including Military, to Ensure Online Security

"Beijing vowed on Tuesday to use all necessary means, including military ones, to wipe out subversion and attempts to undermine its sovereignty in cyberspace," Zhuang Pinghui reporting in South China Morning Post. more

Trump Expected to Name FCC Commissioner Ajit Pai as Chairman

"Pai, a Barack Obama nominee who has served as the senior FCC Republican for more than three years, could take the new role immediately and wouldn't require approval by the Senate because he was already confirmed to serve at the agency," Alex Byers and Tony Romm reporting in Politico. more

5G Carriers Hoping for Handouts

The Information Technology Industry Council (ITI) published a recent report that looks at "5G policy Principles and 5G Essentials for Global Policymakers." For those who don't know ITI, they are a DC-based lobbying group that represents most of heavy-hitter tech firms, and which works to help shape policy on tax, trade, talent, security, access, and sustainability issues. I don't think I've seen another document that so clearly outlines the hopes of the big US cellular companies. more

Move Fast and Regulate Things

The international community is converging on one notion at least: that Facebook cannot be prosecutor, judge and jury of its own achievements and transgressions. The calls to regulate social media companies first came from various legislative bodies, then from civil society and national policymakers, then from the CEO of Facebook itself, "to preserve what is best about [the Internet]." If some scepticism followed that was natural enough – was the company sincere in calling for more regulation? more

EU Accuses Google for Using Android to Skew Market Against Competitors

European commission has taken a preliminary view that Google abused its mobile operating system's dominant position, following an initial one-year investigation. "What we found is that Google pursues an overall strategy on mobile devices to protect and expand its dominant position in internet search," says Margrethe Vestager, the EU competition chief. more

Why We Need Broadband Regulation

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

Internet Society Expresses Concern over Direction of WCIT

In light of final developments during the WCIT meetings, the following statement was released from the CEO and President of Internet Society, Lynn St. Amour on Wednesday, December 12, 2012: "At the conclusion of today's plenary, the Internet Society is concerned about the direction that the ITR'S are taking with regards to the Internet. The Internet Society came to this meeting in the hopes that revisions to the treaty would focus on competition, liberalization, free flow of information and independent regulation..." more

U.S. Falls Behind China in Broadband, Light-Touch Regulation Blamed for the Decline

Recent reports indicate that China has now surpassed the U.S. and is becoming the number one broadband country in the world. According to data analysis by market research firm Point Topic, both the U.S. and China had about 78 million broadband lines at the end of August; however China is growing twice as fast. Point Topic says that when broadband use initially surged in China, some experts predicted the country would overtake the U.S. in 2006. However the U.S. speeded up in the number of broadband lines and growth in China leveled off. For 18 months the two countries were more or less even with similar numbers of lines added in each quarter until the first quarter of this year. more

Microsoft’s Brad Smith Calls for a ‘Digital Geneva Convention’ to Protect Civilians

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

Amnesty International: Popular Mobile Apps Failing to Adopt Basic Privacy Protections

"Tech companies like Snapchat and Skype's owner Microsoft are failing to adopt basic privacy protections on their instant messaging services, putting users' human rights at risk," says Amnesty International. more

Why the Republican Policy Brief on Copyright Should Have Been Withdrawn

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