Policy & Regulation

Net Neutrality’s Legal Binary: An Either/Or With No “Third Way”

People working on net neutrality wish for a "third way" — a clever compromise giving us both network neutrality and no blowback from AT&T;, Verizon, Comcast and others. That dream is delusional because the carriers will oppose network neutrality in any real form; they want paid fast lanes. They have expressed particular opposition to "Title II" of the Communications Act — something telecom lawyers mention the same way normal people might reference the First or Second Amendments. Title II is the one essential law to ban paid fast lanes. 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

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

Research Group Releases International Law on Cyber Warfare Manual

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

Rural Home Connectivity in Cuba

Cuba's government monopoly ISP ETECSA in October announced special home connectivity rates for some of the poorest towns in rural Cuba. The monthly charge for 30 hours of 512/256 Kbps DSL access in those towns will be 5 CUC. In other areas where home connectivity is available, the minimum monthly charge is 15 CUC for 30 hours of 1,024/256 kbps service and faster, more expensive, plans are available. more

Encryption = good : Backdoor = bad

Every time there is a tragic attack on people or property, there is a cry from various authorities or politicians for law enforcement to get unfettered access to all kinds of communication tools. But that would cause far more harm than good, and is a really bad idea. The argument goes something like this: 'These bad actors hide behind encrypted communications to plan their evil deeds...' 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

NTIA Asks New gTLD Applicants to Submit Public Interest Commitments

Kevin Murphy reporting in Domain Incite: The National Telecommunications and Information Administration said today that all new gTLD applicants, even those that have not already been hit by government warnings, should submit Public Interest Commitments to ICANN. In a rare comment sent to an ICANN public forum today, the NTIA suggested that applicants should use the process to help combat counterfeiting and piracy. ... NTIA said that applicants should pay special attention in their PICs to helping out the "creative sector". more

Is the U.S. Dancing to a Different Drummer?

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

Open Data Leads to Competition

In a previous post, I spoke of Amazon's use of customer and market data in restraint of trade, but they are not alone. For example, leaked internal documents show that plans to sell access to user data were discussed for years and received support from Facebook's most senior executives. Facebook gave Amazon extended access to user data because Amazon was spending money on advertising and partnered with them on the launch of the Fire smartphone. more

WIPO: Disregard TLD in Trademark Dispute

There is a Dutch website which regularly publishes comments on rulings of the World Intellectual Property Organization (WIPO) Arbitration, Dutch court cases, and similar things. They have a newsletter which reports over the latest cases. It is really meant for people who are into the legal aspects of domain names. In the July "nieuwsbrief" newsletter, there was a remark (in Dutch) about a case that the top level ".nl" suffix to the name should not be considered relevant. 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

Rural Broadband Subsidy – What’s the Rush?

The Federal Communications Commission (FCC) has adopted procedures for Phase I of the Rural Digital Opportunity Fund (RDOF) auction, which will award up to $16 billion in support over ten years for the deployment of fixed broadband networks to homes and businesses in census tracks that are unserved by voice and broadband with download speeds of at least 25 Mbps. more

FCC Pushing for Free Internet Plan, Called Most Controversial Issue in December

Outgoing Federal Communications Commission Chairman Kevin Martin is pushing for action in December on a plan to offer free, pornography-free wireless Internet service to all Americans, despite objections from the wireless industry and some consumer groups. The proposal to allow a no-smut, free wireless Internet service is part of a proposal to auction off a chunk of airwaves. The winning bidder would be required to set aside a quarter of the airwaves for a free Internet service. more

IANA Transition Under Further Attack, Now Officially Blocked by Republican Policy

"Handover of US internet control to ICANN now officially blocked by Republican policy," Kieren McCarthy reporting today in The Register: "The planned transition of the internet's critical technical functions from the US government to a technical body may come under further attack after the Republican Party officially agreed to block it on Monday. more