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Comcast vs the FCC - A Reply to Susan Crawford’s Article

This is a reply to Susan Crawford's circleid article "Comcast v. FCC - "Ancillary Jurisdiction" Has to Be Ancillary to Something". I started writing a reply to her article, adding some comments I had and also reminding her that she'd predicted this herself, in an earlier circleid article, but it turned out long enough that I decided to submit it as a circleid post instead. On the whole, the facts agree with this CNET article. This court decision was correct, and expected... more

Comcast v. FCC - “Ancillary Jurisdiction” Has to Be Ancillary to Something

Big news today - Judge Tatel has written the D.C. Circuit's opinion in Comcast v. FCC, and Comcast wins. Bottom line: The FCC didn't have regulatory authority over Comcast's unreasonable network management practices because it failed to tie that authority to any express statutory delegation by Congress... more

Spectrum Hot Real Estate

The fact that businesses around the world are knocking on the doors of their governments asking for spectrum is a clear indication that this telco real estate market is hotting up. The reason for this is not too hard to guess -- the enormous growth in the demand for mobile broadband. There is a large amount of pent-up demand as the mobile operators didn't want to open up this market while they were in the middle of adding new customers to their mobile voice services. more

ICANN Approves IDNs for China, Taiwan, Thailand, Sri Lanka…

A few weeks back I asked Where is China's IDN? ICANN not only answered my question about China, but also about a host of additional countries (and territory) that had applied for fast-track IDNs. Here are the most recent IDN (string evaluation) approvals... more

More Provocative Reasons for a Mandatory National Breach Disclosure

I read, with some small amount of discomfort, an article by Bill Brenner on CSO Online, wherein he interviewed several other CSOs and other "Security Execs" on their opinions on the firing of Pennsylvania CISO Robert Maley. For those who haven't heard about this, Mr. Maley was fired for talking about a security incident during the recent RSA conference without approval from his bosses. more

Combining the ONT and Smart Meters

In my recent blog on utilities and the NBN I mentioned that the ultimate prize would be a combination of the ONT (Optical network terminal: the network interface device used in fibre-to-the-home applications, which operates as a demarcation point between the local loop of the carrier and the wiring in the user premises) and intelligent gateway the electricity company need for their smart meters and home energy networks. Perhaps I should expand on this a little... more

Geeks All Trust Each Other But Not in China

Brian Krebs has a post up the other day on his blog indicating that the amount of spam ending in .cn has declined dramatically due to steps taken by the Chinese government making it more difficult to get a domain ending in .cn... A cursory glance seems to confirm that the amount of spam from .cn as opposed to .ru has switched places. Indeed, if the CNNIC requires people to start writing in application forms, with a business license and identity card, that is seriously going to slow down the rate at which spammers can sign up and register new domains. more

Accidentally Importing Censorship

With advancements in hardware and software, sophisticated filtering technologies are increasingly being applied to restrict access to the Internet. This happens at the level of both governments and corporations. .. given the open nature of the trust-based Internet, one country's restrictions, if not handled very carefully, can easily foul the global Internet nest we all live in. This blog is about one such story of Internet restrictions in China becoming visible (seemingly at random) from other parts of the world and going undetected for 3 weeks. more

Court Case Serves as a Good Reminder as to the Perils of Marketing Through Text Messages

A court in Illinois rejected a motion to dismiss case filed by defendants in a class action brought on behalf of plaintiffs who received SMS spam marketing for an animated film called "Robots". The court's ruling is not surprising, given the other cases which have come to a similar conclusion. more

Privacy Becoming Very Public Matter

At the round tables on privacy held by the Federal Trade Commission, Indiana University law school professor and member of the board of the Privacy Projects, Fred Cate said out loud what long has been silently known about consumer protections based on the notices web sites post to describe their data protection practices and the consumers' choice to click on or away. Cate said: "Choice is an illusion." There is more than a bit of substance behind the bumper sticker... more

IPv6: Beware of Dirty, Muddy IPv4 Addresses as the Pool Dries Up

Mid March a special plenary session of the Canadian standard committee isacc was convened in Ottawa to review the final report of the Canadian IPv6 Task Group. It was unanimously approved and the essence of its 66 pages are seven recommendations for Government, Industry, Service and Content providers, and the regulator, CRTC to proceed with diligence, even some sense of urgency. One paragraph provides an interesting new twist... more

Current ICANN Policy Precludes the ITU Becoming an IP Address Registry

Lost in all the discussion around the recent ITU meeting (TIES account required of course) is any discussion of the current policy regarding the formation of new RIRs. You may recall that one of the reports that the ITU commissioned on this subject suggests that it would be possible, even desirable for the ITU to be allocated a /12 of IPv6 from the IANA to be further allocated to Country Internet Registries. more

IDN ccTLD Fast Track developments

The IDN ccTLD Fast Track program is moving along rapidly, with ICANN's announcement that both the Simplified and Traditional Chinese script versions of .china have passed the string evaluation phase of the IDN ccTLD Fast Track Program. Alongside this, ICANN have also announced the release of a proposed implementation plan for 'Synchronised IDN ccTLDs' that will create the rules by which these variant IDN ccTLDs will coexist. more

EU Ruling on Google Ad Keywords: Implications for Brand Owners

In a landmark judgment issued this past Tuesday, the European Court of Justice (ECJ) ruled that Google is not liable for trademark infringement when an advertiser purchases a keyword based on a competitor's trademark to trigger a search ad, so long as it removes infringing ads promptly when notified by brand owners. However, and this is critical, individual advertisers could be held liable if ads triggered by a keyword involving a competitor's trademark are found to confuse consumers. So, what qualifies as consumer confusion? more

Live Long and (Do Not) Prosper: Lessons and Reminders from Yesterday’s Wikipedia Outage

Yesterday's Wikipedia outage, which resulted from invalid DNS zone information, provides some good reminders about the best and worst attributes of active DNS management. The best part of the DNS is that it provides knowledgeable operators with a great tool to use to manage traffic around trouble spots on a network. In this case, Wikipedia was attempting to route around its European data center because... more

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