CRTC Denies CAIP Application on Throttling, But Sets Net Neutrality Hearing

This morning, the CRTC issued its much-anticipated ruling in the CAIP v. Bell case, the first major case to test the legality of Internet throttling. The Commission denied CAIP's application, ruling that Bell treated all of its customers (retail and wholesale) in the same throttled manner. This points to the challenge in this case -- it was not about discriminatory network practices per se, but rather about wholesale shaping in a specific context. more

Susan Crawford, Kevin Werbach Named Obama’s FCC Review Team Leads

We'd like to congratulate our long time CircleID participants, Susan Crawford and Kevin Werbach for being named today as Obama-Biden FCC Transition Team Leads. Susan Crawford, is a professor at the University of Michigan Law School who recently ended her term as a member of the Board of Directors of ICANN and is the founder of OneWebDay. Kevin Werbach, is an Assistant Professor of Legal Studies at The Wharton School, University of Pennsylvania. He is also the founder of the Supernova Group and the organizer of Supernova, a leading executive technology conference. more

Google’s Chief Suggests Applying Open Principles of Internet to Energy Infrastructure

Google's Chief Executive Officer Eric Schmidt, a member of President-elect Barack Obama's Transition Economic Advisory Board, said the government needs to focus on the areas of broadband infrastructure, research and alternative energy in an effort to rebuild the nation's economy. Openness is critical for that, he argued. The end-to-end principle that underlies the Internet, the open network, is a must. "It is that openness, the ability that anyone can play ... that drives the modern economy... Why don't we do the same thing with the energy grid? ...isn't it obvious?" more

Net Neutrality Advocates: Wireless Carriers’ Network Management Must Be ‘Reasonable’

Emboldened by their summertime victory against Comcast, advocates of network neutrality said Thursday that the next front in battle for the principle would be against wireless carriers who make "unreasonable" network management decisions. In a panel discussion on managing wireless networks at the Wireless Communications Association conference here, Free Press Policy Director, Ben Scott and Google Telecom Counsel, Richard Whitt said that the FCC's Net neutrality principles would bar discrimination over wireless networks -- while conceding that the networks are, for the time being, more bandwidth-constrained than wired-based network. more

Fiber Optics: Thinking It Through

Doc Searls has an essay about bringing fiber optics to every home in America. It is aimed in the right direction, but makes a couple of mistakes on the numbers and falls to ground way short of its target. It troubles me that I appear to be the sole source for Doc's numbers (on the basis of some informal conversation and my Telecom Day speech in Wellington NZ last May). This post is an attempt to correct the record, and to create one where my previous thinking has been private. more

Overture to Take Over Internet Governance: ITU at ICANN Meeting, Cairo

ITU is 143 years old and it has done a lot of good work. But it is so huge and powerful that it has been monopolizing (or mono-unionizing) Telecommunications for the last 143 years. ITU's hold over communications has been sweeping. But during the last ten years, ITU's member Telcos have seen several challenges from the open Internet architecture... ITU and the Internet organizations did not quite get along for this and several other reasons Especially the ITU has had its share of differences with the ICANN. Dr. Hamadoun Toure, Secretary General of the ITU addressed the ICANN Annual Meeting at Cairo on 6 November 2008. Here are some excerpts from the Secretary General's speech with my comments. more

Proposal for Signing the DNSSEC Root

The U.S. National Telecommunications and Information Administration (NTIA) is soliciting comments on signing the DNSSEC root. Ignore the caption on the page: this is not about DNSSEC deployment, which is already happening just fine. It's about who gets to sign the root zone. more

Why DNS is Broken, in Plain English

At ICANN's meeting in Egypt last week, I had the opportunity to try and explain to various non-technical audiences why the Domain Name System (DNS) is vulnerable to attack, and why that is important, without needing a computer science degree to understand it. Here is the summary. more

On Why and How the Internet Needs to Be Governed

The World is not inventing Internet Governance. Internet is already being governed. There is governance, but without a formal structure -- the structure is undefined like a round table... The opponents of the concept of Internet Governance perhaps believe that the essential character of the Internet is preserved best by challenging the very concept of Governance. The words "Governance", "Control", "Regulation" or even "Coordination" are mistaken to be invasive to the essential character of a free, open and user-centric internet. more

Bandwidth Demands Exceeding Internet Infrastructure Investment

Nemertes Research has released a report on the future of the Internet infrastructure. The key finding from the report is that bandwidth demands are exceeding infrastructure investment, especially at the access layer. We noted in the project that users may begin to see the impact of degraded application performance as early as 2010. We also noted that the planned investments in Internet infrastructure are insufficient to meet growing demand. more

Cluck, Cluck… ICANN and Contract Compliance Enforcement

I've always been a fan of co-ops. In New York, we shop at greenstar.coop and my wife banks at alternatives.coop, in the UK we shop at co-operative.coop. So when the .COOP domain opened, I wondered if I could get my own clever domain name, but found that chicken.coop was taken by a small producer co-op in the southern U.S. Drat. more

ICANN Sends Termination Notice to Registrar

ICANN has sent EstDomains a termination notice: "BBe advised that the Internet Corporation for Assigned Names and Numbers (ICANN) Registrar Accreditation Agreement (RAA) for EstDomains, Inc. (customer No. 919, IANA No. 943) is terminated..." more

Phishing Registrar Accounts: eNom is First Target

Criminals are now looking to use established domain names, via phishing targeted at domain registrars. This is possibly related to ICANN finally moving to stop the black hat registrars of the world. According to the first report on the matter sent yesterday to Registrar Operations (reg-ops) mailing list, the attacks seem to be run by gang of child pornography spammers. more

Kentucky vs. 141 Domain Names

Yes, that is a title of a real, current legal case and controversy. And, no, the links in this post are not spam... mostly gambling news sites seem to be reporting on this. The Governor of Kentucky, through his Justice and Public Safety Cabinet, has moved in court to have 141 gambling-related domain names transferred to the Kentucky state government, partially because other legal gambling operations in Kentucky, like horseracing, lose revenue to online gaming. Yes, you read that right: by allegedly violating KY law, the state can move to have property used in these unlawful acts transferred to the state. In this case, the "property" in question is the domain names themselves. This case is definitely novel in the realm of cyberlaw, but also is a bit controversial for how it originally proceeded... more

Coming to Grips with an Internet that Never Forgets

My weekly technology law column discusses the implications of an Internet that never forgets. I note that the most significant Internet effect during the current election campaign in Canada has not been any particular online video, website or Facebook group. Instead, it has been the resignation of eight Canadian candidates based on embarrassing or controversial information unearthed online. more