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 But all is not as it seems, and aspects of the report may have been out of date before the report was even published.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
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
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
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
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
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 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
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
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