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Issues such as jurisdiction and sovereignty have quickly come to the fore in the era of the Internet. The Internet does not tend to make geographical and jurisdictional boundaries clear, but Internet users remain in physical jurisdictions and are subject to laws independent of their presence on the Internet. As such, a single transaction may involve the laws of at least three jurisdictions: 1) the laws of the state/nation in which the user resides, 2) the laws of the state/nation that apply where the server hosting the transaction is located, and 3) the laws of the state/nation which apply to the person or business with whom the transaction takes place. So a user in one of the United States conducting a transaction with another user in Britain through a server in Canada could theoretically be subject to the laws of all three countries as they relate to the transaction at hand. Read the full background at Policy & Regulation Wikipedia
The McCain technology plan is finally out. As expected, it's light on what most of us understand as "technology policy." There are many platitudes about the glories of lower taxes and private investment, but little understanding of just how profoundly communications and information technologies are changing our world. The good news, I suppose, is that McCain is finally talking about technology issues which he resolutely ignored for most of the campaign, and which his advisors dismissed as not worthy of Presidential attention. more»
So I've spent more time with the McCain tech plan today. At a time when this country is suffering economically and looking for fundamental change, it looks as if Sen. McCain is in the back office having lunch with a bunch of accountants. The heavy emphasis in the policy on tax cuts seems designed to appeal to people who equate lower taxes with progress. Haven't we already had years of that kind of approach? more»
I was hoping that McCain's Tech Policy would emphasize and extend the two McCain pro-Internet initiatives -- the McCain Lautenberg Community Broadband Act and Spectrum Re-regulation, neither of which have yet seen the light of day -- but it doesn't. In the first case, it makes a vague nod in the direction of "market failure and other obstacles." In the second, it treats spectrum policy as a done deal; now that we can surf the Web in coffee shops, we're done. more»
In an article published by the Technology Liberation Front, Cato Institute adjunct scholar Tim Lee dissects a recent argument by the American Civil Liberties Union (ACLU) regarding free speech & anti-spam laws. It's been interesting to watch the ACLU wrestle with anti-spam legislation. Their entire purpose is to work through the legal system to protect our civil rights, as defined in the First Amendment -- which is why I've been a card-carrying member since before I was old enough to vote... more»
A few years ago, cell phone portability was introduced in the United States which caused a major shift in the market. The same thing happened this past year in Israel, following a major battle involving the cell carriers, consumer groups and the Israeli parliament (The Knesset). What if the same happened with email addresses? Ridiculous, you say? May be so, but there is chatter here in Israel to create a law which forces the local service providers hands to do just that. more»
In many ways, the emotionally charged debate on Network Neutrality (NN) has been a lot like hunting Unicorns. While hunting the mythical horse could be filled with adrenalin, emotion, and likely be quite entertaining, the prize would ultimately prove to be elusive. As a myth, entertaining; but when myths become reality, then all bets are off. The Network Neutrality public and private debate has been filled with more emotion than rational discussion, and in its wake a number of myths have become accepted as reality. Unfortunately, public policy, consumer broadband services, and service provider business survival hang in the balance. more»
After voting on the Comcast order today, Kevin Martin and his Democratic Party colleagues issued press releases telling us how they saved the Internet from Comcast's discriminatory practices, but they've failed to release the actual order they adopted and subsequently re-wrote. Commissioner McDowell wasn't allowed to see the revised order until 7:00 PM the night before the meeting. Rumor has it that high-level spin doctors are still trying to remove all the rough edges, inconsistencies, and factual errors. more»
Today the FCC is condemning Comcast's practices with respect to P2P transmissions.I'm happy for FreePress and Public Knowledge today, and I know they have achieved a substantial change in the wind. The basic idea that it's not okay for network access providers to discriminate unreasonably against particular applications is now part of the mainstream communications discourse. That has to be good news. I'm concerned on a couple of fronts. The FCC has taken the view that it can adjudicate, on a case-by-case basis, issues that have to do with "Federal Internet Policy." They used that phrase several times... more»
This morning's mail brought news of a 3 minute 45 second video clip of very candid and very outstanding remarks from Vint Cerf. Vint says very clearly what needs to be said and what needs to be grasped and acted on by the new president and congress next year... My observation is that in my opinion it is not the lighting that is unusual but rather the camera angle. It looks like interviewer is seated with his camera pointed up. The camera is looking at Vint's chin. Consequently I sent Vint an email: "you knew you were being recorded - surely? I hope: in any case the good deed is done... thank you sir." Vint replied with permission to quote... more»
One would think that, in 2008, the significance of the Internet and information technology would be universally acknowledged. That makes the recent news from the Presidential campaign a bit shocking. After ignoring technology issues for the past year, John McCain is poised to announce his great insight: tech policy isn't worthy of attention from the President of the United States. This is what I draw from the announcement that former FCC Chairman Michael Powell is drafting a technology plan for McCain, to be released shortly... What concerns me most is what the McCain plan apparently leaves out... more»
Recently we teamed up with the Non-Commercial Users Constituency (NCUC) to express our concern to ICANN that the rights and needs of end-users are taken into account in the discussion of Internationalized Domain Names (IDN). ›››