Policy & Regulation

Disinformation and Our Technology Industries

It was interesting to see that, albeit belatedly, the American media started to stop giving Trump opportunities to spew out his lies across the country and beyond. It obviously had now reached a point where the media realized that if they continued to provide Trump with their avenues, this would make them accomplices in inciting violence. Is this going to be a turning point? 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

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

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

The Sharing Economy and Sec. 230(c) of the Communications Decency Act

The sharing economy is a challenge for local communities. On the good, it creates economic opportunity and reduces the price. On the bad, it circumvents public safety and welfare protection. Such is the clash between Airbnb and local jurisdictions. San Francisco implemented a local ordinance that permits short-term rentals on the condition that the rental property is registered. In order to register the property, the resident must provide proof of liability insurance... more

EFF: Internet Went All Out in Support of Net Neutrality

Yesterday's "Day of Action to Save Net Neutrality," resulted in more than 3.4 million emails to U.S. Congress and more than 1.6 million comments to the Federal Communications Commission. more

G20 Nations Must Set Clear Priorities for Digital Agenda

Home to two-thirds of the world's population and 90 percent of its economic output, the G20 countries are a powerhouse that have yet to take on a coordinated digital agenda. This could be about to change. Under the German presidency of the G20, digital concerns - from getting people connected to protecting people's data once they are - have been made a priority through a new 'Roadmap for Digitalisation'. more

U.S. Senator Inquiring Into Friday’s Crippling Cyberattack

U.S. Sen. Mark R. Warner (D-VA), a member of the Senate Select Committee on Intelligence and co-founder of the bipartisan Senate Cybersecurity Caucus, has released a letter asking three federal agencies for information on the tools available that prevent cyber criminals from compromising consumer products, such as Internet of Things (IoT) devices. more

Technology: Doomsday or Godsend – the Choice Is Ours

Following the American insurrection and the role the media played -- social media, particularly the "doomsday scenario," started to appear again in relation to technological developments. Only a few years ago, a group of hi-tech companies, including Tesla, warned against the negative aspects of artificial intelligence (AI). Other technologies that could seriously affect human developments include gene editing, nanotechnology and synthetic biology. more

Broadband Labels are Here

On October 10, all ISPs in the United States were supposed to have implemented and posted broadband labels. The labels were required as part of the Infrastructure Investment and Jobs Act. Large ISPs had to post labels six months ago, and now the requirement is for all ISPs. I looked at the ISPs in a few counties I'm very familiar with, and I found a few ISPs in each county that have not posted labels that I can find on their website. more

Trump Administration Doubles Down on Surveillance

The White House has expressed its full support on the need for permanent reauthorization of Section 702, created "to address an intelligence-collection gap that resulted from the evolution of technology in the years after FISA became law in 1978." more

How I Think CIRA Should Evolve: Towards CIRA 2.0

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

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

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

FCC Implements Broadband Labels

The FCC voted recently to implement consumer broadband labels. This was required by section 60504 of the Infrastructure Investment and Jobs Act. The new rules will become effective after the Office of Management, and Budget approves the new rules and after the final notice is published in the federal register. ISPs will then generally have six months to implement the labels. The labels look a lot like the nutrition labels that accompany food. more