Policy & Regulation

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It’s Time to Rethink Outage Reports

Much has been said about the criticality of the small coterie of large-scale content distribution platforms and their critical role in today's Internet. These days when one of the small set of core content platforms experiences a service outage, then it's mainstream news, as we saw in June of this year with outages reported in both Fastly and Akamai. In the case of Akamai, the June outage impacted three of Australia's largest banks, their national postal service, the country's reserve bank, and one airline... more

Senate Judiciary Committee Hearing on Botnet Takedowns (July 15, 2014)

The background is of course quite interesting, given how soon it has followed Microsoft's seizure of several domains belonging to Dynamic DNS provider no-ip.com for alleged complicity in hosting trojan RAT gangs, a couple of days after which the domains were subsequently returned -- without public comment -- to Vitalwerks, the operator of No-IP. This is by no means a new tactic for Microsoft, who has carried out successful seizures of various domains over the past two or three years. more

RIAA Loses Again: No Legal Wins Against P2P File Sharers So Far

The Recording Industry Association of America (RIAA) has been taking a lot of people to court -- basically, harassing folks in an attempt to curb file-sharing. The $220,000 verdict against Jammy Thomas got a lot of news (and probably worried a lot of folks). However, on appeal (i.e., after a new court not cherry-picked by the RIAA to try the case looked things over), the RIAA lost... again. ...At its heart, the verdict reaffirms that simply making a copyrighted work available is not the same as actually distributing the work. more

What If I Were Wrong About Edge-Caching?

Nicholas Thompson at Wired Blog sums up yesterday's Wall Street Journal piece on Google. To summarize his summary: Google's edge caching isn't new or evil; Lessig didn't shift gears on NN; Microsoft and Yahoo have been off the NN bandwagon since 2006; The Obama team still supports NN; Amazon's Kindle support is consistent with its NN support. Yet... yet... more

Fear of New gTLD Monopolies Is Overblown

You should not worry too much if some of the new generic Top-Level Domain names (gTLDs) become monopolies. ICANN and the registries won't charge monopoly prices as long as they have to worry about the government stepping in. Monopolies normally present two problems for consumers: restricted output and higher prices. In the case of the new gTLDs, restricted output is caused only by ICANN's monopoly over approving gTLD applications. more

Canada’s Anti-Spam Law Coming Into Force July 01, 2014

Canada's Anti-Spam Law, CASL, is now a done deal. Last Thursday, Treasury Board of Canada President (and champion of CASL) Tony Clement approved Industry Canada regulations in their final form. Today, Minister of Industry the Honourable James Moore announced CASL will come into force in July 1, 2014. more

Law Enforcement Agencies Will Have Authority on Registries and Registrars

Accessing Whois information and acting on a litigious domain name is becoming a nightmare for law enforcement agencies. Law enforcement agencies must have an access to the information provided by registrants in the Whois database and, in specific cases, have authority to act FAST on a domain name. The EU has a solution for this and it's coming in 2020. more

A Consociational Bureau for the Internet Governance Forum

The principle that Internet governance "is a joint effort which requires cooperation and partnership among all stakeholders" (Geneva Declaration of Principles, para 20) has become axiomatic since it was first agreed at WSIS, and is fundamental to the IGF as a "new forum for multi-stakeholder policy dialogue" (Tunis Agenda, para 72). However at the same time as this principle has been universally embraced, some of its implications, that would require the four stakeholder groups identified in the Tunis Agenda to collaborate on the development of joint policy recommendations (Tunis Agenda para 72(g)) have met with resistance. That the strongest resistance has come from those stakeholders with the greatest investment in the existing Internet governance regime... more

Notes from NANOG 63

The following is a selected summary of the recent NANOG 63 meeting, held in early February, with some personal views and opinions thrown in! ...One view of the IETF's positioning is that as a technology standardisation venue, the immediate circle of engagement in IETF activities is the producers of equipment and applications, and the common objective is interoperability. more

Notice, Takedown, Borders, and Scale

I was on the front lines of the SOPA wars, because SOPA touched on two matters of strong personal and professional importance for me: protecting the Internet infrastructure, and protecting the economy from Internet related crime. I've continued to study this field and advise industry participants in the years since then. The 2017-02-20 paper by Annemarie Bridy entitled Notice and Takedown in the Domain Name System: ICANN's Ambivalent Drift into Online Content Regulation deserves an answer, which I shall attempt here. more

Emerging Markets Tech Watch 2012

2011 has been a significant year for the technology sector globally. Information technology is touching more people in more ways than ever before. Developed markets will be considering a 2012 in which business innovation, competitiveness, and service differentiation are built on ubiquitous broadband, cloud computing, smarter mobile computing, and an increasing plethora of Internet-connected devices. By contrast, securing the technology future for developing markets demands that attention be placed on more fundamental issues. more

Cuban “Technological Sovereignty” - a Walled Garden Strategy?

ToDus, a messaging application described as a "Cuban WhatsApp" and Apklis, a distribution site for Android mobile apps, were featured at the First Computerization Workshop held recently at the Universidad de Ciencias Informáticas (UCI). One might ask, why do we need a Cuban WhatsApp and Apklis when we already have WhatsApp itself and the Google Play Store? more

TLD Expansion: ICANN Must Not Back Down

ICANN's plan to open up the domain name space to new top level domains is scheduled to begin January 12, 2012. This long overdue implementation is the result of an open process that began in 2006. It would, in fact, be more realistic to say that the decision has been in the works 15 years; i.e., since early 1997. That is when demand for new top-level domain names, and the need for other policy decisions regarding the coordination of the domain name system, made it clear that a new institutional framework had to be created. more

Regulating Big Tech. This Time, for Sure!

United States President Biden has recently commented: “But let me be very clear: Capitalism without competition isn’t capitalism; it’s exploitation. Without healthy competition, big players can change and charge whatever they want and treat you however they want. […] So, we know we’ve got a problem – a major problem.” It’s not every day you hear the President of the United States take on the very industry that supported his national economy remaining the world’s richest over the past couple of decades. Yet his tone resonates with a growing unease within the US... more

Special Interests Circulating Draft Legislation to Cut Short ICANN’s Whois Policy Process

Special interests who oppose privacy are circulating draft legislation to cut short ICANN's Whois policy process, warns Milton Mueller in a post published today in Internet Governance Project. more