Policy & Regulation

Policy & Regulation / Recently Commented

Dissecting the 2022 UK Cyber Security Strategy: The ‘Whole of Society’ Approach

The UK government launched its 2022 Cyber Security Strategy on 15 December 2021, outlining its ambitious plans to improve the resilience of UK institutions and businesses while protecting the country's interests in cyberspace. The strategy signals a more involved approach by the government, which previously relied heavily on the private sector for leadership. The government's stated commitment to a 'whole of society' approach sounds really good on paper, but what exactly does it really mean? more

New German Legislation Provides Copyright-Related Internet Platform Obligations

Recently, there has been an interesting development in the liability of Internet intermediaries in Germany, and I will comment here in this text. The "Act on Copyright Liability Online Content Sharing Service Providers" began to apply on August 1, 2021 in the country. This act is a German attempt to deal with the controversy generated by the approval in 2019 of the new European directive on copyright, specifically with article 17. more

Internet Society Seeks Nominations for 2022 Board of Trustees

Are you passionate about preserving the global, open Internet? Do you have experience in Internet standards, development or public policy? If so, please consider applying for a seat on the Internet Society Board of Trustees. The Internet Society supports and promotes the development of the Internet as a global technical infrastructure, a resource to enrich people’s lives, and a force for good in society. Our work aligns with our goals for the Internet to be open, globally connected, secure, and trustworthy. more

Eight-Year Legal Battle Recap: DCA Blocked From Being Heard on Its Merit

It has been a while, nearly eight years since we have been in touch. I thought I would post an update to the DCA vs ICANN case, to the interested party of the global internet, towards the eight-year legal battle DCA had with ICANN. I believe there would be useful lessons learned that would shed some light on ICANN's activities in the Internet community. For those not aware, the DCA vs. ICANN case involved many twists and turns, spanning nearly a decade of DCA's efforts to hold ICANN accountable for the harm it caused to DCA over the delegation rights of the .Africa new gTLD Registry. more

Another Year, Another ICANN NomCom

Another challenging year due to the Corona pandemic is coming to a close, and ICANN has held another virtual annual general meeting (AGM) -- the 6th in a row. Unlike last year, today, we can hope for a better next year. In many regions of the world, the figures look better, and the opening is progressing. That at least gives us hope that ICANN will hold face-to-face meetings again next year -- at least they are planning it so. That should also make it easier for the new Nominating Committee (NomCom). more

Regulating Magic: Why We Need to Establish a Regulatory Framework for Quantum Computing and Artificial Intelligence

The promises of quantum computing, artificial intelligence, and other advancing technologies sound like magic. However, even magic is subject to the laws of economics. And even quantum computers are “legal things…technological tools that are bound to affect our lives in a tangible manner,” as Valentin Jeutner explains in The Quantum Imperative: Addressing the Legal Dimension of Quantum Computers. Analogous to Asimov’s Three Laws of Robotics, Professor Jeutner proposes a three-part “quantum imperative,” which “provides that regulators and developers must ensure that the development of quantum computers. more

ICANN Is Violating Its Legal Agreements with the U.S. Government – Who’s Next?

In April, I published an article, The Multistakeholder Moment of Truth: Will Stakeholders Hold ICANN Accountable?, alerting stakeholders that ICANN is violating its legal agreements with the U.S. Government -- namely the InterNIC licensing agreement and merged Memorandum of Understanding. At that time, I warned that it is essential for stakeholders not to remain silent in the face of this transgression, "hoping that such behavior left unchecked will end of its own accord." more

Multi-Stakeholder Internet Governance Is Captured and Presumed Dead

Technical management of the Internet was delegated to ICANN by the U.S. government because it was believed that the private sector would be more agile and responsive to the needs of globally distributed stakeholders. However, this optimism and the faith it has produced has proven to be misplaced since ICANN's multi-stakeholder governance continues falling far short of the basic expectations set when it was created. more

Let’s Not Forget the Lobbyists

Common Cause recently released a report, Broadband Gatekeepers, that describes the influence that lobbyists have on broadband policies. The numbers are staggering -- the ISP industry spent $234 million lobbying the 116th Congress (2019 and 2020). That number is likely understated since the rules on reporting lobbying are lax, and enforcement is almost nonexistent. That number doesn't include the huge amounts of lobbying efforts at State legislatures. more

Let’s Get the Politics Out of Infrastructure

I believe the infrastructure of our country, states, and counties is critically important to our future. If we can get focused on infrastructure and global warming, the future for our kids and grandkids will be bright. All it takes is vision, leadership, and investment. Unfortunately, the issues have become politicized. In the case of infrastructure, the politicians have a tough time just defining what infrastructure is. more

It’s Time to Change the US’ Cuba-Internet Strategy

In a post last week, I advised Cuban President Díaz-Canel that investment in fixed broadband Internet would benefit both the Cuban people and his regime. This week, I've got advice for US President Biden -- don't try to out-pander the Republicans and call President Díaz-Canel's bluff by offering support for fixed broadband. What won't work... more

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

President Díaz-Canel, Cuban Internet Is More Than Facebook on Cell Phones – Don’t Be Afraid of It

As a result of Internet service interruption during the recent anti-government protests in Cuba, Florida Senator Rubio and Governor DeSantis and President Biden have called for measures to strengthen and guarantee Cuban Internet connectivity, but that won't happen until the Cuban government recognizes that doing so is in its long-run interest. I have seen several suggestions that we smuggle end-user satellite terminals from services like SpaceX Starlink into Cuba but attempts to... more

The Infrastructure Guessing Game

As U.S. Congress inches closer to an infrastructure bill, the industry is feverously speculating how a broadband infrastructure plan might work. There is still a lot of compromise and wheeling and dealing to be done, so nobody knows how a final broadband program might work, or even definitively if there will be one. But since this is the billion-dollar question for the industry, it's worth a review of the possibilities. more

Capping Broadband Internet by Design

FIOS by Verizon, is a bundled Internet access, telephone, and television service that operates over a fiber-optic communications network with over 5 million customers in nine U.S. states -- providing Fiber to the Home (FTTH). One of the first service areas was a Northern Virginia community known as Ashburn -- which is also is the cloud data center capital of the world. It literally sits on top of the most massive mesh of high bandwidth, low latency fiber in existence. more