Policy & Regulation

Policy & Regulation / Recently Commented

The Broadband Numbers Racket

Financial Times has an article called The broadband numbers racket, by former FCC chief economist Thomas Hazlett, now a professor of law and economics at George Mason University. Hazlett points out that too many people use superficial selection of statistics to bolster questionable policy positions. more

The Freedom to Innovate Without Permission

In a speech this morning, widely heralded (and criticized) as a call for "network neutrality," FCC Chairman Julius Genachowski: "Why has the Internet proved to be such a powerful engine for creativity, innovation, and economic growth? A big part of the answer traces back to one key decision by the Internet's original architects: to make the Internet an open system." Now "open system" doesn't mean anarchy. The Internet has rules, technical standards codified in the unassuming sounding "Requests for Comment." more

Domain Registry/Registrar Cross Ownership: A Reality Check

Funny how marketplace reality can poke holes in claims and theories. A debate is raging between some existing registries (Afilias, PIR, Neustar) and registrars like ourselves over the issue of 'cross-ownership' in Top-Level Domains (TLDs). At question: should the same set of shareholders be allowed to own all or part of a registry as well as a registrar that sells names in the TLD owned by the registry? These registries are saying 'no', and one of their principal objections is they think current registrars have an unfair advantage in pursuing TLD deals. more

Choosing the Right Path to a Permanent Accountability Framework for ICANN

Over the next month, the ICANN Board will consider its options for ensuring that some framework is in place to ensure ICANN's accountability to the global Internet community after the approaching expiration of its Memorandum of Understanding and Joint Project Agreement (MOU/JPA) with the U.S. Department of Commerce. We analyze these options in our new paper... more

Swedish Regulator Bans Inclusion of Letters “b”, “a”, “n”, “k” in Domain Names Under .SE

Swedish Regulator PTS have today notified .SE, the Swedish (.SE) TLD registry that they have to change the rules... In short, the decision implies that any form of the sequence of the characters "b", "a", "n", "k" are illegal in domain names in Sweden. Further that checks of what domain names are registered are to be checked before registration. more

Unreasonable ccTLD Registry Price Increases!

It highly concerns me when domain registries controlling a certain Top-Level Domain (TLD) raise the wholesale prices they charge to registrars (domain retailers) without consultation to domain registrants (domain buyers). When this happens, all the registrars will need to pay more to the registry for every domain which they register or renew for a customer. They will in turn raise their prices to cover the additional cost to them. Transferring the domains to a different registrar will not help, as all the registrars for that TLD will be forced to raise prices as they all have to pay more to the registry. Don't think it hasn't happened before? more

National Telcos Can and Will Change Their Behaviour, Case in Point: Telstra

When discussions with overseas colleagues made it clear to me how fast things are changing here in Australia compared with the rest of the world, I was prompted to write this update about the developments in Australia, particularly in relation to its incumbent telco, Telstra. Most people overseas have not yet fully caught up with the fact that the destructive regime of Telstra's former CEO is well and truly over -- in the past there has been plenty of international reporting of the shocking behaviour of Telstra under Sol Trujillo (former US West) and his persistent attacks on the government included suing Ministers and abusing the Regulator. more

Domain Name Registry-Registrar Vertical Separation: The Economic, Anti-Trust Red Herring

ICANN has operated on the fundamental principle that there should be separation within the domain name marketplace between registries (wholesale) and registrars (retail). This fundamental principle has been a pillar upon which ICANN has provided registrants (consumers) with increased choice, innovation, and price savings. Therefore it was with great surprise when ICANN staff unilaterally undertook this initial vertical separation analysis through exclusive consultation with ICANN contracting parties (registrars and registries), while totally excluding non-contracting parties (individual, business and non-commercial registrants)... more

National Broadband Infrastructure: Global Regulatory Re-Think Required

Around the world governments, regulators and the industry are struggling with the old regulatory legacy systems. These have become a major stumbling block in the transition to a new environment. Increasingly countries are beginning to understand the social and economic benefits a national broadband infrastructure can offer, but it is impossible to bring that about while the systems are based on the present regulatory regimes. To take these broader benefits into account we will need to develop government policies to facilitate the digital economy... more

Networks and Nationalization

This post isn't about -- or isn't only about -- the use of computer technology to commit crimes. It's more about the use of computer technology to commit war. A few weeks ago, I was part of a conversation about the legal issues cyberwarfare raises. We were talking about various scenarios -- e.g., a hostile nation-state uses cyberspace to attack the U.S. infrastructure by crippling or shutting down a power grid, air traffic control systems, financial system, etc. Mostly, we were focusing on issues that went to the laws of war, such as how and when a nation-state that is the target of a cyberattack can determine the attack is war, rather than cybercrime or cyberterrorism. more

Most Popular Invalid TLDs Should Be Reserved

Some of the root server operators post public statistics for their domain name traffic at the top-level. For example, the graph (which can take a bit of time to generate, given ICANN's slow servers) for the L-root server's most popular Top-Level Domain (TLD) queries demonstrates, to no one's surprise, that .com is king. What's more interesting, though, especially given the new generic Top-Level Domain (gTLD) debate, is to look at the most popular invalid (non-existent) TLDs. more

UK to Implement Broadband Tax

Millions of households in UK will be paying a "broadband tax" in order to fund increase and improvement of broadband access in the country according to the Digital Britain white paper launched yesterday. BBC today reports: "One of the biggest surprises in the Digital Britain report was the news that everyone with a fixed line telephone would pay a broadband tax. At 50p a month the amount is unlikely to break the bank but experts are already questioning what it will buy." more

“It’s The Internet Stupid” ...I Respectfully Disagree

Today, in response to "It’s The Internet Stupid", Richard Bennett highlights (on the IP List) something I've noticed even among other advocates of 'Net Neutrality' (and how I've come to detest the term after its widespread and misguided overuse). Legislating against the concepts of Deep Packet Inspection (DPI) or other preferential treatment of packets is not the brightest thing to do. I've seen others draw analogies to gun control using the 'guns don't kill people' argument... more

A Clear Case for ISP Regulation: IP Address Logging

Over on the Network Neutrality Squad yesterday, I noted, without comment, the following quote from the new Time Warner Cable privacy policy bill insert: "Operator's system, in delivering and routing the ISP Services, and the systems of Operator's Affiliated ISPs, may automatically log information concerning Internet addresses you contact, and the duration of your visits to such addresses." Today I will comment, and explain why such logging by ISPs creates a clear case for regulatory intervention, on both privacy and competition grounds. more

Crawford Likes Aussie Utility Network

Susan Crawford, special assistant to the president for science, technology and innovation policy and a member of the National Economic Council, is reported to be favorably inclined towards a U.S. network much like Australia's recently announced $33B broadband plan. Of course, the U.S. is some 15 times bigger than Australia, and that'd make the price tag closer to $500B by straight multiplication. But the U.S. would get a fiber network done right... more