Policy & Regulation

Policy & Regulation / Recently Commented

Susan Crawford, Kevin Werbach Named Obama’s FCC Review Team Leads

We'd like to congratulate our long time CircleID participants, Susan Crawford and Kevin Werbach for being named today as Obama-Biden FCC Transition Team Leads. Susan Crawford, is a professor at the University of Michigan Law School who recently ended her term as a member of the Board of Directors of ICANN and is the founder of OneWebDay. Kevin Werbach, is an Assistant Professor of Legal Studies at The Wharton School, University of Pennsylvania. He is also the founder of the Supernova Group and the organizer of Supernova, a leading executive technology conference. more

Google’s Chief Suggests Applying Open Principles of Internet to Energy Infrastructure

Google's Chief Executive Officer Eric Schmidt, a member of President-elect Barack Obama's Transition Economic Advisory Board, said the government needs to focus on the areas of broadband infrastructure, research and alternative energy in an effort to rebuild the nation's economy. Openness is critical for that, he argued. The end-to-end principle that underlies the Internet, the open network, is a must. "It is that openness, the ability that anyone can play ... that drives the modern economy... Why don't we do the same thing with the energy grid? ...isn't it obvious?" more

Overture to Take Over Internet Governance: ITU at ICANN Meeting, Cairo

ITU is 143 years old and it has done a lot of good work. But it is so huge and powerful that it has been monopolizing (or mono-unionizing) Telecommunications for the last 143 years. ITU's hold over communications has been sweeping. But during the last ten years, ITU's member Telcos have seen several challenges from the open Internet architecture... ITU and the Internet organizations did not quite get along for this and several other reasons Especially the ITU has had its share of differences with the ICANN. Dr. Hamadoun Toure, Secretary General of the ITU addressed the ICANN Annual Meeting at Cairo on 6 November 2008. Here are some excerpts from the Secretary General's speech with my comments. more

Cluck, Cluck… ICANN and Contract Compliance Enforcement

I've always been a fan of co-ops. In New York, we shop at greenstar.coop and my wife banks at alternatives.coop, in the UK we shop at co-operative.coop. So when the .COOP domain opened, I wondered if I could get my own clever domain name, but found that chicken.coop was taken by a small producer co-op in the southern U.S. Drat. more

Will VeriSign Be Able to Engage in Tiered Pricing for .com Soon?

According to the draft of new Generic Top-level Domains (gTLD) contracts for Section 7.3, "Price controls have been removed for 2008 in favor of the transparent pricing model outlined above." Section 3.2.b) of the .com registry agreement states: "ICANN shall not apply standards, policies, procedures or practices arbitrarily, unjustifiably, or inequitably and shall not single out Registry Operator for disparate treatment unless justified by substantial and reasonable cause." In my opinion, VeriSign (and other existing gTLD operators) are almost being invited to ask for their contracts to be amended... more

The Root of All Email

This week, the Internet Engineering Task Force (IETF) published a number of what they call "RFCs," which originally meant "Requests for Comment" - the standards documents which specify the technical underpinnings of the Internet. Two of these, numbered 5321> and 5322, replace earlier documents defining the very core of internet email. On the surface, each of these seem surprisingly simple... Yet without general industry-wide acceptance of (and compliance with) these standards, internet email simply would not exist. more

Comcast is Right, the FCC is Wrong

A fellow named Paul Korzeniowski has written a very good, concise piece on the Comcast action at the FCC for Forbes, Feds And Internet Service Providers Don't Mix. He manages to describe the controversy in clear and unemotional language, which contrasts sharply with the neutralists who constantly use emotionally-charged terms such as "blocking," "Deep Packet Inspection," "forgery," and "monopoly" to describe their discomfort. more

RIAA Loses Again: No Legal Wins Against P2P File Sharers So Far

The Recording Industry Association of America (RIAA) has been taking a lot of people to court -- basically, harassing folks in an attempt to curb file-sharing. The $220,000 verdict against Jammy Thomas got a lot of news (and probably worried a lot of folks). However, on appeal (i.e., after a new court not cherry-picked by the RIAA to try the case looked things over), the RIAA lost... again. ...At its heart, the verdict reaffirms that simply making a copyrighted work available is not the same as actually distributing the work. more

Internet Vigilantism

Atrivo (aka Intercage), a Concord, California-based Internet hosting service, disappeared from the Internet for around two days recently. They didn't go bankrupt or suffer a physical catastrophe. Their providers simply shut them down by refusing their traffic. This might very well be the first time in history that the Internet community, a cooperative association of networks with no governing body, has collectively put someone out of business, if only briefly. more

Comcast’s Network Management Practices: A Brief Analysis

Late last week, Comcast officially disclosed to the FCC details of its network management practices which have been a subject of considerable discussion here on CircleID. (My thanks to Threat Level from Wired.com for providing a convenient copy of Comcast's "Attachment A" in which this disclosure is made.) There's not a lot of startling disclosure in this document, but it does provide some useful concrete facts and figures. I'll quote the more interesting parts of the document here, and offer comment on it. more

The Wall Street Lesson for Net Neutrality

As the institutions of Wall Street continue to crumble one after another, there's a lesson to be learned for those of us who want to make sure the Internet remains as free and open in the future as it has been in the past. The collapse of Fannie Mae, Freddie Mac, Bear Stearns, Merrill Lynch, Lehman Brothers, AIG and the rest didn't happen overnight. The situation has been brewing for years. The subprime mortgage crisis may have precipitated the immediate tragedy, but underpinning the whole mess is a philosophy about business and government. more

New gTLDs: Comments on the Unsigned “The Economic Case for Auctions”

When Kurt Pritz briefed the Generic Names Supporting Organization (GNSO) Council (and observers) in Los Angeles April 10th and 11th, the new generic Top-Level Domain (gTLD) process model flows transition through an "auction" state in two of the three paths where two or more applications existed for the same (or similar) strings. At that time Kurt, speaking for Staff, was clear that the existence of a well-defined community was not dispositive, which surprised the Council members from the Intellectual Property Constituency... more

McCain Tech Plan: The Only Vision is Backward-Looking

So I've spent more time with the McCain tech plan today. At a time when this country is suffering economically and looking for fundamental change, it looks as if Sen. McCain is in the back office having lunch with a bunch of accountants. The heavy emphasis in the policy on tax cuts seems designed to appeal to people who equate lower taxes with progress. Haven't we already had years of that kind of approach? more

Email Portability, DKIM, and Socio-Political Implications on Tech Development

A few years ago, cell phone portability was introduced in the United States which caused a major shift in the market. The same thing happened this past year in Israel, following a major battle involving the cell carriers, consumer groups and the Israeli parliament (The Knesset). What if the same happened with email addresses? Ridiculous, you say? May be so, but there is chatter here in Israel to create a law which forces the local service providers hands to do just that. more

Hunting Unicorns: Myths and Realities of the Net Neutrality Debate

In many ways, the emotionally charged debate on Network Neutrality (NN) has been a lot like hunting Unicorns. While hunting the mythical horse could be filled with adrenalin, emotion, and likely be quite entertaining, the prize would ultimately prove to be elusive. As a myth, entertaining; but when myths become reality, then all bets are off. The Network Neutrality public and private debate has been filled with more emotion than rational discussion, and in its wake a number of myths have become accepted as reality. Unfortunately, public policy, consumer broadband services, and service provider business survival hang in the balance. more