Policy & Regulation

Policy & Regulation / Recently Commented

Regulating and Not Regulating the Internet

There is increasingly heated rhetoric in DC over whether or not the government should begin to "regulate the internet." Such language is neither accurate nor new. This language implies that the government does not currently involve itself in governing the internet -- an implication which is clearly untrue given a myriad of laws like CFAA, ECPA, DMCA, and CALEA (not to mention existing regulation of consumer phone lines used for dialup and "special access" lines used for high speed interconnection). more

Hello, Australia: Please Vote These Guys Out

So I heard about this ridiculous news the other day that now Australian customs officers have been given new powers to search incoming travelers' laptops and mobile phones for pornography, according to The Age. Really? Come on. Really? First the Internet filtering, a la porn wall, and now this? more

Scene Behind the Screen of IDN ccTLDs

Fundamental & imperative story behind this enablement of a meaningful string as IDN ccTLD name script in local language is very interesting. Previously there was a limitation of two letters as abbreviation for the IDN ccTLD name script and it is I, who proposed and convinced ICANN to remove this limitations that enabled all countries and territories of the world (who use non-Latin base script of their official language) to apply for a meaningful abbreviation or full name of the country as IDN ccTLD. more

The Sad State of WHOIS, and Why Criminals Love It

I'm not even sure how to begin this post, but let me tell you -- my head explodes when I try to contact WHOIS "contacts" about criminal activity - FAIL. I think ICANN wants to do the right thing here, and has stated on multiple occasions that inaccurate WHOIS data is reason for registrar termination. That's a Good Thing... more

Say No to WIPO’s Proposal to Amend the PDDRP to Create New Law

A number of comments to ICANN's proposed Post Delegation Dispute Resolution Process for new gTLD Registry Operators support a proposal by the World Intellectual Property Organization (WIPO) to hold a registry operator accountable for trademark infringement that occurs within a TLD if it "knowingly permitted, or could not have reasonably been unaware of" infringing domain names within the TLD. more

Comcast vs the FCC - A Reply to Susan Crawford’s Article

This is a reply to Susan Crawford's circleid article "Comcast v. FCC - "Ancillary Jurisdiction" Has to Be Ancillary to Something". I started writing a reply to her article, adding some comments I had and also reminding her that she'd predicted this herself, in an earlier circleid article, but it turned out long enough that I decided to submit it as a circleid post instead. On the whole, the facts agree with this CNET article. This court decision was correct, and expected... more

More Provocative Reasons for a Mandatory National Breach Disclosure

I read, with some small amount of discomfort, an article by Bill Brenner on CSO Online, wherein he interviewed several other CSOs and other "Security Execs" on their opinions on the firing of Pennsylvania CISO Robert Maley. For those who haven't heard about this, Mr. Maley was fired for talking about a security incident during the recent RSA conference without approval from his bosses. more

Comcast v. FCC - “Ancillary Jurisdiction” Has to Be Ancillary to Something

Big news today - Judge Tatel has written the D.C. Circuit's opinion in Comcast v. FCC, and Comcast wins. Bottom line: The FCC didn't have regulatory authority over Comcast's unreasonable network management practices because it failed to tie that authority to any express statutory delegation by Congress... more

MIT 2010 Spam Conference Starts Tomorrow…

In January we presented the glorious history of the MIT spam conference, today we present the schedule for the first day. Opening session will be from this author, Garth Buren with a topic entitled The Internet Doomsday Book, with details be released the same day as the presentation. Followed by Dr. Robert Bruen with a review of activities since the last MIT spam conference... more

Domain Registrars & Registries: Don’t Say You Weren’t Warned

There is an old saying that "bad news comes in threes." Domain name service providers have witnessed two unsettling developments in the past few weeks. The third, still winding its way through the U.S. Congress, could have enormous ramifications. Registries and registrars, in particular, need to speak up or resign themselves to the consequences. more

American National Broadband Plan Good First Step

The National Broadband Plan that the FCC will present on 17 March will set the USA on a completely different telecoms path. This plan will hopefully show Congress that it is worthwhile making the legislative changes that will deliver the social and economic benefits of a national broadband infrastructure. more

ICANN CEO Urges African Telcos to Shatter Monopolies

ICANN CEO, Rod Beckstrom, urges African leaders to "shatter" telecommunications monopolies in their nations in order to help lower the price of Internet access to their citizens during his opening remarks at the start of the 37th ICANN meeting in Nairobi, Kenya. Beckstrom noted that while 15 percent of the world's population lives in Africa, Africans make up less than 7 percent of all Internet users. more

ICANN and Its Responsibilities to the Global Public Interest

In 1998, the United States government might have taken a different path in asserting its control over the technical administration of the DNS. It might have asserted full U.S. governmental control, or it might have turned over the functions to an international body such as the International Telecommunications Union. Instead, it created a "private-public partnership", incorporated as a California "nonprofit public benefit corporation", with a charter giving the company a dual mission of quasi-governmental functions combined with responsibility for operational stability of the Internet. more

Country Internet Registries: One African Perspective

Paul Wilson, Secretary-General of APNIC, was correct when he reminded the panelists of the IGF2009 workshop "Adopting IPv6: What You Need To Know" that "countries don't typically get IP address allocations, network service providers do". The ITU stills seems to cling to the notion that countries get IP blocks... more

Broadband Stymied

Unfortunately, no matter what else the stimulus bill may or may not have done, it's slowed down the rate of broadband deployment in the US over the last year. The Rural Utility Service (part of the US Agriculture Department) and NTIA (part of the US Commerce Department) have awarded only 15% of the first round money they promised to make available. To be blunt, they failed in their mission. more