Policy & Regulation

Policy & Regulation / Recently Commented

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

Satellite Broadband, Stimulus Funds and Network Neutrality

At the IP Satellite Summit in Washington this week, a panel composed of satellite service providers and product vendors discussed whether or not they would pursue the economic stimulus funds set aside for broadband development. While the service providers agreed that there are viable business models for satellite broadband service without the stimulus money – of course, they were delivering service before the current economic collapse and talk of the stimulus money – the consensus seemed to be that they would apply for the grants to further develop, deploy and perhaps even subsidize their service offerings... more

Why US Broadband Service Continues to Stagnate - Some Simple Numbers to Drive the Point Home

I've been fascinated by the recent announcement that Australia is spending $31 billion USD to upgrade its broadband. With all the excitement and fuss over the broadband stimulus funding in the American Recovery and Reinvestment Act, it may seem strange to be claiming that the $7.2 billion is a pitifully small amount -- but let me bring this home for you... more

A Few Thoughts on the Future of Email Authentication

With the Online Trust Alliance Town Hall Meeting and Email Authentication Roundtable next week as well as the RSA Conference, I decided to pause and think about where we are and where we might be headed with regard to email authentication. Over the years, many of us have collectively worked to provide a framework for authenticating email... more

ICA to ICANN: The IRT Must Open Up Or Be Stripped of Official Status and Support

On April 21st the Internet Commerce Association submitted a formal request to Mr. Frank Fowlie, ICANN Ombudsman, requesting an immediate investigation of the non-compliance of the Implementation Recommendation Team (IRT) with applicable provisions of ICANN's Bylaws. The IRT was created by a March Resolution adopted by the ICANN Board during its Mexico City meeting, and was charged with proposing "solutions" to the concerns of trademark holders. Unfortunately, the IRT has chosen to operate in a non-transparent manner... more

The Cybersecurity Act of 2009

Four senators (Rockefeller, Bayh, Nelson, and Snowe) have recently introduced S.773, the Cybersecurity Act of 2009. While there are some good parts to the bill, many of the substantive provisions are poorly thought out at best. The bill attempts to solve non-problems, and to assume that research results can be commanded into being by virtue of an act of Congress. Beyond that, there are parts of the bill whose purpose is mysterious, or whose content bears no relation to its title. more

ICANN and the Hyper-Aggressive Trademark Owners: The “Monster Test”

We read and hear a lot of complaints from trademark interests about allegedly rampant cybersquatting and other forms of trademark infringement, but it's rare to see a story about reverse domain name hijacking and other abuses committed by them. That's what made it so refreshing to see an article in the Saturday, April 4th Wall Street Journal titled "The Scariest Monster of All Sues for Trademark Infringement – Fancy Audio-Cable Outfit Defends Its Brands; A Mini Golf Course Fights Back". more

World-Leading Municipality Initiative Thwarted by Incumbent

The ongoing witch-hunt from the incumbent telcos in the USA against municipalities that are trying to build their own broadband networks is continuing unabated. This is nothing new... With the economic crisis there has been a new focus on regulatory rules and the importance of the common good, next to the free market. However that message has not yet got through to the incumbent players in the USA. more