After voting on the Comcast order today, Kevin Martin and his Democratic Party colleagues issued press releases telling us how they saved the Internet from Comcast's discriminatory practices, but they've failed to release the actual order they adopted and subsequently re-wrote. Commissioner McDowell wasn't allowed to see the revised order until 7:00 PM the night before the meeting. Rumor has it that high-level spin doctors are still trying to remove all the rough edges, inconsistencies, and factual errors. more
In an article published by the Technology Liberation Front, Cato Institute adjunct scholar Tim Lee dissects a recent argument by the American Civil Liberties Union (ACLU) regarding free speech & anti-spam laws. It's been interesting to watch the ACLU wrestle with anti-spam legislation. Their entire purpose is to work through the legal system to protect our civil rights, as defined in the First Amendment -- which is why I've been a card-carrying member since before I was old enough to vote... more
Today the FCC is condemning Comcast's practices with respect to P2P transmissions.I'm happy for FreePress and Public Knowledge today, and I know they have achieved a substantial change in the wind. The basic idea that it's not okay for network access providers to discriminate unreasonably against particular applications is now part of the mainstream communications discourse. That has to be good news. I'm concerned on a couple of fronts. The FCC has taken the view that it can adjudicate, on a case-by-case basis, issues that have to do with "Federal Internet Policy." They used that phrase several times... more
This morning's mail brought news of a 3 minute 45 second video clip of very candid and very outstanding remarks from Vint Cerf. Vint says very clearly what needs to be said and what needs to be grasped and acted on by the new president and congress next year... My observation is that in my opinion it is not the lighting that is unusual but rather the camera angle. It looks like interviewer is seated with his camera pointed up. The camera is looking at Vint's chin. Consequently I sent Vint an email: "you knew you were being recorded - surely? I hope: in any case the good deed is done... thank you sir." Vint replied with permission to quote... more
One would think that, in 2008, the significance of the Internet and information technology would be universally acknowledged. That makes the recent news from the Presidential campaign a bit shocking. After ignoring technology issues for the past year, John McCain is poised to announce his great insight: tech policy isn't worthy of attention from the President of the United States. This is what I draw from the announcement that former FCC Chairman Michael Powell is drafting a technology plan for McCain, to be released shortly... What concerns me most is what the McCain plan apparently leaves out... more
So, the FCC will recommend that Comcast be "punished" or receive "sanctions" for its peer-to-peer throttling practice. And the network neutrality debate goes on, as does its ambiguities and vagueness. Even if you hate Comcast and agree with the net neutrality argument and the FCC's decision, one thing Comcast is correct in saying is that "reasonable network management" specified by the FCC in network neutrality policy set in 2005 is vague. Actually, the term "network management" by itself is broad before you even try to interpret what is meant by "reasonable", and it is not exactly correct in its application here... more
There are many companies in the spam-fighting business and most, if not all, claim to be hugely successful. Yet spam is exponentially more prevalent today than it was just 2 years ago. How can one conclude that today's anti spam solutions are working? This year spammers will use machine-generated programs to send trillions of unsolicited email. Thankfully, a new anti-spam technology has made its way into the market. more
Some offhand comments by Google's Vint Cerf at a recent event seem to have a triggered a panicky "Vint Cerf proposes nationalizing the Internet" buzz that's been ramping up fairly rapidly. Holy BitTorrent, Batman! Army paratroopers seen dropping into parking lots at AT&T and Comcast, while the Transportation Security Agency orders us all to remove our shoes before surfing the Web! Settle down, everyone. As usual with these kinds of stories, the truth is significantly different from the breathless buzzing. Here's how Vint described his thinking on this issue to me... more
Here's my opening remarks from Media Access Project's Innovation '08 in Santa Clara this morning. A DVD will be available shortly. This was a lively discussion, with Google and Vuze on the case. Good morning and welcome. My name is Richard Bennett and I'm a network engineer. I've built networking products for 30 years and contributed to a dozen networking standards, including Ethernet and Wi-Fi... I'm opposed to net neutrality regulations because they foreclose some engineering options that we're going to need for the Internet to become the one true general-purpose network that links all of us to each other, connects all our devices to all our information, and makes the world a better place. Let me explain. more
The announcement yesterday morning in the Times that New York State AG Andrew Cuomo had reached an agreement with three US network operators (Verizon, Sprint, and Time Warner) about blocking child pornography was both less and more important than it appeared. It's less important in that part of the agreement covers something ISPs already do... more
Hong Kong domains are the most dangerous in the world; this little factoid from a recent McAfee report generated quite a bit of media coverage, and even made TIME magazine's top stories list. But all is not as it seems, and aspects of the report may have been out of date before the report was even published. McAfee's study seems to be based on a year's worth of data, and last year was a particularly bad year for the Hong Kong domain, thanks to a gang of botnet spammers registering thousands of domains under the .hk ccTLD. These domains were most likely registered using stolen credit cards... more
Jonathan Zittrain's recent book, The Future of the Internet -- And How to Stop It, has spurred a lot of discussion both online and offline, with blog posts lauding his insights or criticising his over-apocalyptic imagination. The book itself makes fascinating reading for those who have watched the network grow from its roots in the research community into today's global channel for communications, commerce and cultural expression... One of the reasons that Zittrain puts forward for the growing popularity of closed or, as he prefers 'tethered', devices, is that they are less vulnerable to hacking, security flaws, malware and all the other perils that face any internet-enabled system. more
My weekly technology law column focuses this week on the new CIRA whois policy that is scheduled to take effect on June 10, 2008. The whois issue has attracted little public attention, yet it has been the subject of heated debate within the domain name community for many years. It revolves around the whois database, a publicly accessible, searchable list of domain name registrant information (as in "who is" the registrant of a particular domain name). more
Last Friday (HT: IPDemocracy), Google filed a petition [PDF] asking that the Commission ensure that Verizon understands what those "open platform" requirements for the C Block really mean. Verizon has taken the position in the past that its own devices won't be subject to the "open applications" and "open handsets" requirements of the C Block rules, and Google says it is concerned that Verizon doesn't plan to follow those requirements in the future. This is big. Here's the background... more
The Tyee, an independent on-line magazine based in BC wrote a story about net neutrality more than a year ago, noting that most Canadians are sleeping through the debate. They followed up again last week. Despite what is called a "perfect storm of events that may crystallize the issue for consumers, businesses, politicians, and regulators," there hasn't been an overwhelming outcry, despite extensive press coverage of the most recent network activities. There are a number of voices who present a conspiracy theory on traffic shaping in Canada... more
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