Policy & Regulation

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FCC’s Ignorant Extraterritorial Jurisdiction Bravado

The Federal Communications Commission yesterday released a Report and Order in the matter of its implementation of Ray Baum's Act Section 503 and international call spoofing. The FCC mostly did the right things in the R&O except in one rather extraordinary assertion of legal ignorance and bravado. It asserted unilaterally that it could exercise "extraterritorial jurisdiction that Congress expressly provided in section 503 of the Ray Baum's Act," and it furthermore knew of no "treaty obligation [contravened],...nor other legal barrier...and...are aware of none." more

A Look at the Security Collapse in the HTTPS Market

While in recent years, HTTPS has become integral part of protecting social, political, and economic activities online, widely reported security incidents -- such as DigiNotar's breach, Apple's #gotofail, and OpenSSL's Heartbleed -- have exposed systemic security vulnerabilities of HTTPS to a global audience. more

U.S. Appeals Court Upholds FCC’s Net Neutrality Rules

The US broadband industry has lost its lawsuit attempting to overturn the Federal Communications Commission's net neutrality rules and the related reclassification of Internet service providers as common carriers. more

Facebook Stays, Everybody’s Happy, but Nothing Has Changed

After some turmoil, Facebook won the war with the Australian Government as the necessary changes were made to the legislation that avoided them needing to change their business model. Those subtleties are lost in the general press. What counts for the popular media is that they were able to spin some great stories around the fact that Australia stood up to the giants. That brought international attention, which boosted the ego of Australian Prime Minister Scott Morrison. more

EU Considers Integrating New Norms of Cyberwar Into Security Policies

"The European Parliament has been asked to adopt a new set of 'norms' about online conflict," reports Simon Sharwood in The Register. more

Decoding the WSIS Message - ISOC Releases Matrix of Countries’ WSIS+10 Positions

Over the next few months, major discussions at the United Nations will shape the future of Internet governance. In order to prepare with our community for the ten-year Review of the World Summit on the Information Society (WSIS+10), in New York, USA, on 15 to 16 December 2015, we are publishing today a matrix of the countries' positions on WSIS+10. The matrix draws from their written contributions to the UN this summer, and is designed to help all stakeholders better understand the key issues at the the heart of the negotiations. more

Dissecting the ISOC/PIR/Ethos Transaction (With Ways to Help Ensure PIR’s 2002 Commitments)

On February 11th, Professor Ben Leff of American University Washington College of Law (WCL) spoke on the panel: The Controversial Sale of the .ORG Registry: The Conversation We Should be Having as a scholar of charitable and nonprofit law. On February 21st, he posted a blog piece on WCL's PIJIP blog outlining and expanding his presentation. With Professor Leff's permission, I repost his piece on CircleID to join the timely discussion taking place here on the .ORG sale. more

Why ‘Trust Me’ is a Bad Model for Internet Governance

"Trust me" is not a model for good governance of the Internet or anything else, says Daniel Castro, vice president of the Information Technology and Innovation Foundation (ITIF). "With the U.S. government relinquishing control of Internet governance, ICANN -- the global nonprofit organization responsible for managing key Internet functions -- will be operating independently without serious checks and balances..." more

U.N. Cybercrime Convention Enters Critical Stage

Negotiations for a U.N. cybercrime convention have reached a critical stage at the fourth round of discussions in Vienna. Delegates from over 150 states have met for over 100 hours to discuss the proposed convention, which has been met with skepticism from some states, nongovernmental organizations, and other stakeholders more

Do Not Track: Not as Simple as it Sounds

Over the past few weeks, regulators have rekindled their interest in an online Do Not Track proposal in hopes of better protecting consumer privacy. ... There are a variety of possible technical and regulatory approaches to the problem, each with its own difficulties and limitations, which I'll discuss in this post. more

What to Make of the Inaugural NetThing 2019

The last Australian Internet Governance Forum (auIGF) was held in October 2016 before the annual event was cancelled as part of an auDA review. Three years on and the auIGF replacement – NetThing – was held in Sydney on 28 October 2019, though I was surprised to see that this Australian Internet event no longer had an associated .au domain name, instead choosing to go with NetThing.info. more

... and still we are left wanting: Malta’s White Paper on Digital Rights

Last month, the Government of Malta published a White Paper for public consultation, proposing the introduction of four so-called "digital rights" in the Constitution of Malta. The proposal is indeed a step in the right direction but lacks punch where it matters most. While the government's efforts are commendable, the White Paper is riddled with misconceptions and does not go far enough. more

Why Facebook Is Not a Common Carrier

The ever-entertaining Fifth Circuit has recently upheld a strange Texas law that forbids most kinds of social media moderation. (Techdirt explains many of the reasons the court is wrong, so I won't try.) This brings us to the trendy question of whether Facebook, Twitter, et al. should be treated as common carriers. You can make a good argument to separate the point-to-point data transport from the ISP and make the former common carriage. more

Vehicle Manufacturers Tell Govt to Stay Off Regulating “Internet of Cars”

Major car manufacturers in U.S. are asking Congress to stay away from any type of increased regulation unless "absolutely necessary" as the industry evolves to take advantage of the "Internet of cars." more

The Government Needs to Address the Homework Gap

I've been at a bit of a loss over the last few days on what to write about, because suddenly newspapers, blogs, and social media are full of stories of how impossible it is for some students to work at home during the COVID-19 shutdowns. I've been writing this topic for years, and there doesn't seem to be a lot I can add right now - because the endless testimonials from students and families struggling with the issue speak louder than anything I can say. more