Policy & Regulation

Policy & Regulation / Recently Commented

Rent vs. Buy: The Driver of Economics

We the people like to own stuff and not pay rent to use it (BTW, rent includes taxes but that's another story). They the oligarchs like to own the stuff and charge us rent to use it. The rise of a middle class has historically meant the rise of a property-owning class. The underclass pays exorbitant rents. The telecommunications world -- or at least the US part of it -- is a battle of rent vs. buy. Economics says that ownership or rentership is all based on access to capital. Certainly capital is a huge part of the equation -- can you spell "home loan"?; but it's not the whole story... more

P2P: Boon, Boondoggle, or Bandwidth Hog? (The Dark Side)

Yesterday's post explained how peer-to-peer (P2P) applications use the processing power, bandwidth, and storage capacity of participants in a service rather than centralized resources. This makes such applications generally less subject to catastrophic failure, much less subject to running out of resources (since each new user brings new capacity as well as new demand), and much cheaper FOR THE PROVIDER of the application in terms of hardware and bandwidth required. It's the FOR THE PROVIDER part that's the rub. Let's consider the case of BBC's iPlayer service... more

CALEA Roundup: 2005-2007

The wrangling around the Communications Assistance to Law Enforcement Act (CALEA) is one of those issues that creeps inexorably forward and is hard to follow unless you're really focusing. So here is a quick, if longish, overview: CALEA is a 1994 statute that requires telephone companies to design their services so that they are easily tappable by law enforcement in need of "call-identifying information." Back in August 2005, following a request from the Dept. of Justice, the Commission moved swiftly to impose CALEA obligations on providers of broadband access services and "interconnected VoIP" services... more

ARIN Statement on the Future of Addressing Policy

ARIN has just released a statement on the future of addressing policy. Specifically addressing the future of IPv4 addressing. What ARIN does is to emphasize the current policies and say they will be enforced even stronger than today if needed. I.e. there is no announcement of a change in policy. more

Two Things Happened at the FCC Today

Paul Kaputska has the best wrap-up of the 700 MHz press releases and statements online, with comments from major players. Rick Whitt is polite and welcoming, noting the progress that's been made (who would have thought any move towards unlocking devices from networks was possible?) while saying it would have been better to have included wholesale requirements. But while even mainstream media was (finally) focusing on the moderate, incremental, and possibly hopelessly unenforceable (and ultimately meaningless) steps taken by the FCC today in announcing its auction rules, something else happened. more

First Impression: FCC Rules for the 700MHz Auction

The FCC has issued rules which will govern the auction of valuable radio spectrum which could make a huge difference in the price and quality of communications in America. The glass is definitely half something: I'd say closer to empty than full but there are some things to like and some hope for competition. The decision is a compromise. Republican Chairman Martin was joined by Democrat Commissioners Adelstein and Copps in setting some open access conditions for 22MHz out of the 62MHz which will be auctioned. Republican Commissioner Tate reluctantly went along with these conditions and Republican McDowell voted against them. more

The Great Firewall of China

Are you suffering delays in your recent emails to china? It may be because of "series of disruptions to cross-border email traffic on adjustments to the country's vast Internet surveillance system," Reuters reports today. The delays have been going on for four days now. But, of course, there is no way to get official confirmation. The symptom seems to be an error message that is returned to the sender... more

FTC Report on Broadband Resurrects Freedom of Service Information

The Federal Trade Commission intends to monitor the information that telecom and cable companies provide about high-speed Internet service in the service plans they offer to customers, according to a report issued last week by the agency. The FTC asserts in the report, released on June 27, that since it has jurisdiction over matters involving consumer protection, it "will continue to enforce the consumer protection laws in the area of broadband access."... The consumer protection sections of the FTC report raise this question: are broadband providers engaging in a deceptive practice when they advertise a connection speed of, for example, "up to" 768 kilobits per second (kbps) - and yet actual speeds are considerably lower? more

ICANN: Keep the Core Neutral, Stupid

ICANN's travelling circus is meeting in San Juan, Puerto Rico this week. One of the main subjects of discussion has been the introduction of new generic Top-Level Domains (gTLDs), after a GNSO Report [PDF] proposed 19 "Recommendations" for criteria these new domain strings should meet -- including morality tests and "infringement" oppositions. ...It's important to keep ICANN from being a censor, or from straying beyond its narrow technical mandate. The thick process described in the GNSO report would be expensive, open to "hecklers' vetos," and deeply political... ICANN should aim for a "stupid core"... more

Google Explains What They Mean by “Net Neutrality”

Google has launched a new Public Policy Blog focused on U.S. government legislation and regulation -- reported in the media as part of Google's efforts in setting up focus on the U.S. government since early 2005. In an entry posted over the weekend on the blog by Richard Whitt, Washington Telecom and Media Counsel, key argument within the net neutrality debate is explained... more

Personal IE Domains Available Soon?

I've mentioned the topic of personal IE domains on here more than once in the past [also discussed here on CircleID] and in my conversations with the IE Domain Registry. Just to recap; Under the current rules you cannot register johndoe.ie if your name is John Doe. You would have to add a number to the name, thus rendering it totally useless eg. johndoe7.ie or something of that style... more

Net Neutrality Reflection

So this afternoon my charge is to lay out all the Net Neutrality (NN) issues to a bar association that doesn't have a telecom subcommittee... Cringely says that "In the end the ISPs [network providers] are going to win this [network neutrality] battle, you know. The only thing that will keep them from doing that is competition, something it is difficult to see coming along anytime soon..." more

Criminal Checks Needed for Domain Name Tasting, Kiting, Spying

International organisations should step in to prevent the "tasting," "kiting" and "spying" related to Internet domain names, say representatives from the US telecommunications and trademark industries. These new activities are dramatically altering online commerce and impacting legitimate businesses, and the United States Federal Trade Commission (FTC), World Intellectual Property Organization (WIPO) and the Internet Corporation for Assigned Names and Numbers (ICANN) should take action, they say. The US Anti-Cybersquatting Consumer Protection Act (ACPA) had too many loopholes given the actual trends in the domain name secondary market, said Sarah Deutsch, vice president and associate general counsel for Verizon, and Marilyn Cade, former AT&T lobbyist and now consultant on Internet and technology issues... more

Ed Richards of Ofcom on Net Neutrality

Ed Richards, Chief Executive of Ofcom, was at Columbia today... NN (Net Neutrality) debate does give us insight into importance of disclosure to consumers -- consumers should be able to switch providers, and they should know which ISPs are making prioritization decisions. This should be an obligation of suppliers to communicate this information to consumers. In particular, he says that Ofcom is actively exploring whether network operators whose traffic shaping activities change materially should have to tell consumers -- and if these changes are significant consumers should be allowed to break their contracts with the provider without penalty... more

UDRP and Article 92(b) of EUROPEAN COUNCIL REGULATION (EC) No 40/94

It has been over a year since I posted "The Non-Parity of the UDRP", how little did I know then compared to now! Since that posting, the corporations and their lawyers have given me a crash course in the law and I have learned much. There are many tricks that corporations will play on a domain name registrant in order to silence criticism of the corporation and to violate the registrants right of freedom of expression without frontiers. The UDRP Administrative Proceedings is one such trick... more