Policy & Regulation

Policy & Regulation / Recently Commented

IP Addresses and Personally Identifiable Information

I don't normally cheer for Google when I don't own shares in the company, but this time I will make an exception. Alma Whitten, Software Engineer at Google, today posted to their Public Policy Blog that IP addresses shouldn't be considered Personally Identifiable Information (PII). This is not a problem in the United States but it is in the EU, and if the EU actually were to legislate this it would most definitely affect Microsoft and Google's business functionality in the EU... more

ICA Posts Position Paper and Analysis of Snowe “Anti-Phishing” Legislation

The Internet Commerce Association (ICA) has posted a position paper and analysis of S. 2661, introduced on 2/25/08 in the US Senate. While we are firmly opposed to phishing and other criminal activities that may utilize domain names we are very concerned about the provisions of the proposal that appear to provide trademark owners with a means to avoid both UDRP and ACPA actions and alternatively bring private claims against domain names with a lower burden of proof and the potential for far higher monetary damages, without even requiring an allegation that the DN was in any way being utilized in a phishing scheme... more

On Comcast and Net Neutrality: Shouting Fire in a Theater

The Comcast traffic shaping case has stirred up passionate debate. Net neutrality proponents are calling for Comcast's head on a platter. The common argument is that Comcast's policy may stifle innovation and competition. If a service provider is allowed to exercise unregulated discretion in how it treats subscriber traffic, it is a slippery slope toward anti-competitive practices. Net neutrality says keep your hands off. Some are preaching net neutrality as if it were an inalienable human right like freedom of speech... more

Why Regulate Cable Internet Access

The cable guys have their way of saying it: "What do you want to do, nationalize our businesses?" Another way of seeing this issue is: We have a very few very large providers of highspeed internet access in U.S. They have sufficient market power to decide how and when to prioritize internet communications. And all of these providers are competing with the internet in some way -- they are all (or are becoming) old media and old telecom companies that want to maintain control over their distribution channels. more

More on 700 MHz Block C Hits Reserve Price

This is big... For the upper band C Block, the FCC mandated that any winning licensee have in place "no locking" and "no blocking" provisions conditioning its use of this spectrum: "Licensees offering service on spectrum subject to this section shall not deny, limit, or restrict the ability of their customers to use the devices and applications of their choice on the licensee..." The no-locking, no-blocking requirements were hedged in by substantial limitations... But it's still important... Particularly if Google is the winning bidder, something we may not know for a month or so. more

The Geography of Internet Addressing

The ITU-T has proposed a new system of country-based IP address allocations which aims to satisfy a natural demand for self-determination by countries; however, the proposal also stands to realign the Internet's frontiers onto national boundaries, with consequences which are explored here. ...we do indeed see the Internet as a single entity, and we even speak of the Internet's architecture as if there was one designer who laid out a plan and supervised its construction. But despite all appearances, the Internet landscape is indeed made up of many separate networks... This article will explore these issues, particularly in light of recent proposals to introduce new mechanisms for IP address management, a prospect which could, over time, substantially alter both the geography of the Internet, and its essential characteristics as a single cohesive network. more

Domain Front Running by Registrars Continues to Draw Attention

In response to accusations lodged yesterday in a post on the DomainState forum, NSI has issued a statement which essentially admits that it engages in a form of domain front running. No one has challenged domain Front Running by registrars in the courts, likely because the practice is new and since the loss of a single domain would not typically generate a level of damages to support litigation. But litigation over this arguably fraudulent domain practice by registrars is both viable and likely inevitable... more

In Praise of Relatively Dumb Pipes

Comcast's furtive and undisclosed traffic manipulation reminds me of a curious, red herring asserted by some incumbent carriers and their sponsored researchers: that without complete freedom to vertically and horizontally integrate the carriers would lose synergies, efficiencies and be relegated to operating "dumb pipes."... Constructing and operating the pipes instead of creating the stuff that traverses them gets a bad rap. It may not be sexy, but it probably has less risk. But of course with less risk comes less reward, and suddenly no one in the telecommunications business is content with that. So incumbent carriers assert that convergence and competitive necessity requires them to add "value" to the pipes. more

iREIT Drops TM-Typo Domains?

As faithful CircleID readers will know, iREIT (Internet REIT, Inc.), a Texas domain name portfolio investment corporation, has been sued by Verizon and by Vulcan Golf for cybersquatting. It appears iREIT is taking steps to clean up its portfolio by deleting obvious typos of famous trademarks... more

NANOGGING

There are many network operator group meetings being held these days. Even in the backwater of the South Pacific where I live there is now AUSNOG, and NZNOG is just next door in New Zealand. We now have MENOG in the Middle East and AFNOG in Africa. The original NOG was the North American Network Operators Group (NANOG), and they have the T-Shirts to prove it! NANOG meets three times a year, and I attended NANOG 41 in October 2007. NANOG meetings cover a broad variety of topics, from operational tools, measurement, and peering practices through to a commentary on the state of the Internet industry. Here are my impressions of the meeting. more

The “Internet of Things,” the Internet and Internet Governance

As the second Internet Governance Forum approaches, it is an appropriate moment to take stock of how the Internet Governance dialogue has evolved since the conclusion of the WSIS Summit in 2005. One year after the first IGF in Athens, it is clear that government, industry and civil society stakeholders are still grappling over the direction and focus of the IGF... There is little doubt that some governments will choose to borrow concepts from the IGF when developing law and policy and will ultimately apply them to the Internet within their respective jurisdictions. Given the global nature of the Internet, this should be a fundamental concern. While this important dialogue about the Internet continues at the IGF in Brazil next month, another no less important debate is emerging with regard to RFID technology and the so-called "Internet of Things." The Internet of Things is a term coined to describe a future ubiquitous sensor network that collects commercial and personal data in public and private settings created, in part, through the rollout of RFID technology... more

The Third Stage of the VoIP Rocket Never Fired

Ten years ago was the dawn of Voice over IP (VoIP). The pioneering Israeli company VocalTec had just released its VoIP software for PCs (it was named iPhone, BTW). Industry guru Jeff Pulver (whom I now partner with in FWD) had begun to hold his Voice on the Net (VON) shows. As the founder of VoIP startup ITXC, I was invited to give a keynote at VON in Boston. The evolution of VoIP, I opined with the requisite PowerPoint slides, will be like a three stage rocket. I was right about the first two stages and dead wrong about the third... more

A Consociational Bureau for the Internet Governance Forum

The principle that Internet governance "is a joint effort which requires cooperation and partnership among all stakeholders" (Geneva Declaration of Principles, para 20) has become axiomatic since it was first agreed at WSIS, and is fundamental to the IGF as a "new forum for multi-stakeholder policy dialogue" (Tunis Agenda, para 72). However at the same time as this principle has been universally embraced, some of its implications, that would require the four stakeholder groups identified in the Tunis Agenda to collaborate on the development of joint policy recommendations (Tunis Agenda para 72(g)) have met with resistance. That the strongest resistance has come from those stakeholders with the greatest investment in the existing Internet governance regime... more

Developing Internet Standards: How Can the Engineering Community and the Users Meet?

There is currently a discussion going on between Milton Mueller and Patrik Fältström over the deployment of DNSSEC on the root servers. I think the discussion exemplifies the difficult relation between those who develop standards and those who use them. On the one hand, Milton points out that the way the signing of the root zone will be done will have a great influence on the subjective trust people and nation states will have towards the system. On the other hand, Patrik states that "DNSSEC is just digital signatures on records in this database". Both are right, of course, but they do not speak the same language... more

Radio Interview Discusses Domainers and Domaining

Damien Allen of VTalk Radio recently interviewed Professor Eric Goldman of the Santa Clara University School of Law on the topic of "Domaining". The interview covers the nature of domaining as a business and how it differs from cybersquatting. From the interview: "Often times the domainers are not particularly interested in profitable resale and, in fact, in my experience many times when domainers get complaints about domains, they'll just hand the domain name back, no questions asked and no money charged. They're not looking to make money from the resale of the domain names..." more