Policy & Regulation

Extraterritoriality

Black's Law Dictionary defines it as "the extraterritorial operation of laws; that is, their operation upon persons, rights or jural relations, existing beyond the limits of the enacting state, but still amenable to its laws. The term is used to indicate jurisdiction exercised by a nation in other countries, by treaty..." Extraterritoriality is also the most significant emerging development today in the law shaping virtual network architectures and services that includes OTT and NFV-SDN. more

Next on the US Telecoms Agenda: Downgrading Broadband

The American industry lobby (AT&T, Verizon, and Comcast) successfully pushed the regulator to get rid of net neutrality, but they are not stopping there. They can sense the opportunity under the Trump Administration to roll further back any regulations that stand in the way of maximising their profits. As all three largely enjoy geographic monopolies in their regions of operation, there is little competition driving innovation forward, so their aim is to milk the networks that they currently have in place for as long as possible. more

Montana Becomes First State to Require ISPs to Abide by Net Neutrality Principles Despite FCC Repeal

Montana Governor Steve Bullock signs an executive order requiring ISPs with state contracts to adhere to internet neutrality principles. more

The End of Net Neutrality Regulation COULD Mean the End of Last-Mile Oligopolies

Landline networks like the old phone system and the new(er) cable systems do lend themselves to monopoly or at least duopoly outcomes. Building these networks is both very expensive and requires myriad government approvals. Once a system is in place, it is hard for anyone to raise the capital to duplicate it. Even a network of wireless towers is hard to compete with. more

First Do No Harm: Ensuring Compliance with the EU’s GDPR While Preserving Access to WHOIS Data

There is growing concern about how ICANN will comply with the EU General Data Protection Regulation (GDPR), whose enforcement sanctions come into force in May of 2018. How will ICANN comply with GDPR without unduly restricting global Internet users' access to the public WHOIS database? For nearly the past 20 years, Internet users, businesses, law enforcement and consumer protection agencies have relied on WHOIS as a necessary resource. more

Internet Governance Outlook 2018: Preparing for Cyberwar or Promoting Cyber Détente?

In 2018, Internet Governance will be one of the top priorities in the geo-strategic battles among big powers. In today's world, every global conflict has an Internet-related component. There is no international security without cybersecurity. The world economy is a digital economy. And human rights are relevant offline as well as online. It is impossible to decouple cyberspace from the conflicts of the real world. more

Is it Finally Time to Eliminate Needs-Based IPv4 Transfer Policies?

Two weeks before depletion of the American Registry for Internet Numbers (ARIN) IPv4 free pool in September 2015, we published an article recommending that the ARIN community adopt transfer policies that encourage trading transparency and improve whois registry accuracy. By eliminating needs justification as a pre-condition to updating the registry, we argued that ARIN could eliminate existing policy-based barriers that have kept many otherwise lawful and legitimate commercial transactions in the shadows. more

The Digital Geneva Convention Exists: Just Use It

It is one of those surreal, ironic moments in time. This coming week, an event called the Internet Governance Forum (IGF) 2017 will be held at Geneva in the old League of Nations headquarters now known as the Palais des Nations. On its agenda is a workshop to discuss "A Digital Geneva Convention to protect cyberspace." If the IGF participants, as they enter the Palais grounds, simply look in the opposite direction south across the Place des Nations, they would see 100 meters away, a glass cube building provided by the Republic and Canton of Geneva. more

Net Neutrality Not a Serious Issue Outside America

Most countries, don't have to fear internet quality problems in the same way as would be possible in the USA. The US competition watchdog has little power to hold telcos accountable to the nature of their broadband services. Back in 1996 broadband was classified as a content service and not a telecom service. So, for example, if a telco wants to provide preferred access to Google, it can sell them a superior broadband services which could create a two speed internet service... more

GDPR: Registries to Become Technical Administrators Only?

On 11 December 2017, about 25 participants from Europe and the US attended the public consultation for the brand new GDPR Domain Industry Playbook by eco (Association of the Internet Industry, based in Germany) at the representation of the German federal state Lower Saxony to the European Union in Brussels. The General Data Protection Regulation (GDPR) poses a challenge for the Registries, Registrars, Resellers and ICANN. more

FCC Doesn’t Understand How the Internet Works, Say Internet Pioneers in Open Letter

Internet pioneers and leading figures published an open letter today calling on FCC to cancel the December 14 vote on the agency's proposed "Restoring Internet Freedom Order." more

Eliminating Access to WHOIS - Bad for All Stakeholders

Steeped deep in discussions around the European Union's General Data Protection Regulation (GDPR) for the past several months, it has occurred to me that I've been answering the same question for over a decade: "What happens if WHOIS data is not accessible?" One of the answers has been and remains the same: People will likely sue and serve a lot of subpoenas. This may seem extreme, and some will write this off as mere hyperbole, but the truth is that the need for WHOIS data to address domain name matters will not disappear. more

Voluntary Reporting of Cybersecurity Incidents

One of the problems with trying to secure systems is the lack of knowledge in the community about what has or hasn't worked. I'm on record as calling for an analog to the National Transportation Safety Board: a government agency that investigates major outages and publishes the results. In the current, deregulatory political climate, though, that isn't going to happen. But how about a voluntary system? more

Transparency: The Internet’s Only Currency

I don't know about you, but I am angry. I am angry with the state of the world and our incapacity to do something about it. I am angrier because, in all this, I thought that the Internet would be the place where we would see collective action at its best. But, that's not going to happen. At least, anytime soon. Is it time to admit that the Internet has turned toxic? No. But, it is time to ask ourselves the question... more

Berners-Lee Talks Net Neutrality in Washington, “ISPs Should be Treated More Like Utilities”

Tim Berners-Lee is in Washington urging lawmakers to reconsider the rollback of net neutrality laws. more