In the beginning there was silence; then, silence begat communication, and communication begat more communication and, ultimately, group communication formed and begat a primordial "network" of communication that gradually and inevitably increased in effectiveness and complexity: there were only signal fires at first but, then, there were cave drawings, carrier pigeons, shouting from hill-tops, smoke from fire, lines of cannon fire, the telegraph, Alexander Graham Bell, and, finally, the network of networks known as the Internet. But, is that it? Is there not something more impressive in its impact upon communication than the Internet? What more might one desire than the dynamic wonders of the Internet, you ask? Well, what about ENUM? "E-What!?" more
The FCC lawfully fined U.S. facilities-based wireless carriers nearly $200 million for selling highly intrusive location data about subscribers without their "opt-in" consent. In Section 222 of the Communications Act, Congress comprehensively specified how the carriers bore an affirmative duty of care not to disclose clearly defined Customer Proprietary Information ("CPNI"). The Act explicitly required the FCC, and no other agency, to protect telecommunications consumers. more
In the latest twist of the US-China spat, President Trump has his sights on TikTok, the short-form video-sharing platform and ByteDance subsidiary. On July 31, President Trump threatened to ban TikTok because it was a threat to US national security. On August 6, he made good on his threat when he signed an Executive Order to that effect. President Trump tightened the screws with an August 14 Executive Order requiring ByteDance to divest its assets in the US and destroy any TikTok data on its US users within 90 days. more
The debate around encryption has become a hot topic in a world where communications are increasingly becoming digital. The modern encryption debate is a complex and nuanced issue, with many players from different backgrounds trying to influence the conversation. The question of balancing the need for national security with the right to privacy has been a matter of public debate for years. Only recently has the issue been framed in terms of encryption, but the discussion is certainly not new. more
The UK government launched its 2022 Cyber Security Strategy on 15 December 2021, outlining its ambitious plans to improve the resilience of UK institutions and businesses while protecting the country's interests in cyberspace. The strategy signals a more involved approach by the government, which previously relied heavily on the private sector for leadership. The government's stated commitment to a 'whole of society' approach sounds really good on paper, but what exactly does it really mean? more
As a designated committee of experts prepares to draft a new treaty to combat the use of information and communications technologies in cybercrime at the UN in January 2022, it is paramount that other stakeholders oversee these discussions to avoid violating human rights on the Internet. This initiative was kickstarted by a 2019 resolution led by Russia and endorsed by other countries considered by many to behavior controversially on cybersecurity matters, such as China, Venezuela, Cambodia, North Korea, and others. more
As today is the Global Encryption Day, I decided to make my first post here on this topic. About two months ago, Apple caused a controversy by announcing the adoption of a measure to combat the spread of Child Sexual Abuse Materials (CSAM). The controversy was so huge that, a month after its announcement, Apple decided to postpone its plans for the new features to have more time to gather information from the various stakeholders and implement improvements before releasing the measures originally announced. more
Anyone who works in privacy is familiar with the term "data shadow": the digital record created by our transactions, our travels, our online activities. But where did the phrase come from? Who used it first? A number of authors have attributed it to Alan Westin, whose seminal book Privacy and Freedom (largely a report on the work of the Committee on Science and Law of the Association of the Bar of the City of New York) set the stage for most modern discussions of privacy. more
It has been just over 3 years since the General Data Protection Regulation (GDPR) came into effect, and the work within ICANN (type "EPDP 2a" into your acronym decoder ring) to develop a permanent Registration Data policy is progressing at a snail's pace. At issue is a proposed mandatory requirement for Contracted Parties (really just Registrars), to differentiate between "legal persons" (a fancy way of saying corporations and similar organizations) and "natural persons" (the kind that eat and breathe and schedule Zoom calls). more
CSC recently participated in an open discussion at the World Trademark Review's APAC WTR Connect, where we moderated a discussion with brand owners, Western Digital and PVH, and platform owner, Alibaba, on the topic: "Making the Platform Relationship Win-Win." How do brands define what a platform is? For the brand owners, a platform could be any distribution service of their products -- be it a traditional eCommerce marketplace like Alibaba or Amazon.com -- or other digital service enablers... more
For many years the consuming topic in DNS circles was that of the names themselves. If you wind the clock back twenty years or so, you will find much discussion about the nature of the Internet's namespace. Why were there both generic top-level labels and two-letter country codes? If we were going to persist with these extra-territorial generic country codes in the namespace, then how many should there be? Who could or should manage them? And so on. more
One of the consequences of the Jan 6th events is a renewed attention towards Surveillance Capitalism as a key doctrine undermining democracy.2 This part 2 of the 2 part series of discusses the rise and fall of Surveillance Capitalism under the premise that the better we understand the danger at the door, the better we are able to confront it. more
The first part of this series explained how Amendment 35 to the NTIA-Verisign cooperative agreement is highly offensive to the public interest. But the reasons for saving the Internet are more fundamental to Western interests than a bad deal made under highly questionable circumstances. One of the world's foremost experts on conducting censorship at scale, the Chinese Communist Party's experience with the Great Firewall... more
Internet Governance, like all governance, needs to be founded on guiding principles from which all policymaking is derived. There are no more fundamental principles to guide policymaking than the Universal Declaration of Human Rights (UDHR). This article, Part 7 of a series, looks at Articles 20 and 21 and explores how principles in the UDHR and lessons learned over the last half-century help define the rights and duties of one's engagement in the digital spaces of the Internet ecosystem. more
In 2020, the pandemic accelerated digitalization around the globe. Homeoffice, Online Shopping, Zoom Conferences became part of the daily life for billions of people. But if somebody would have expected that the Covid-19-Desaster is a wake-up call for the world to be more united, work hand in hand, and pool resources reducing risks of a borderless threat, this "somebody" was wrong. 2020 was dominated by "My country first." more
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