Policy & Regulation

Policy & Regulation / Recently Commented

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

FCC’s Comcast Ruling Inconsistent and Incoherent

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

ACLU, Anti-Spam Laws, and the First Amendment

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

Comcast and the Internet

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

Vint Cerf Caught Off Guard, Nevertheless Says What Needs to Be Said About Our Misguided Policy

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

Note to John McCain: Technology Matters

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

FCC and Comcast: Reasonably Vague

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

Sender Address Verification: Solving the Spam Crisis

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

Vint Cerf Comments on Government’s Role in Internet Broadband Access

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