Policy & Regulation

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Net Neutrality: Both Sides Make Some Ridiculous Claims

We've all heard too much about NN, which I've been reporting for 20 years. I support it because I don't want Randall Stephenson of AT&T deciding what I should watch on TV. The long-run effect is negative. The claims from some people who agree with me are ridiculous. "According to former FCC commissioner Michael Copps, ending net neutrality will end the Internet as we know it." Michael knows I respect him, but... more

Eight-Year Legal Battle Recap: DCA Blocked From Being Heard on Its Merit

It has been a while, nearly eight years since we have been in touch. I thought I would post an update to the DCA vs ICANN case, to the interested party of the global internet, towards the eight-year legal battle DCA had with ICANN. I believe there would be useful lessons learned that would shed some light on ICANN's activities in the Internet community. For those not aware, the DCA vs. ICANN case involved many twists and turns, spanning nearly a decade of DCA's efforts to hold ICANN accountable for the harm it caused to DCA over the delegation rights of the .Africa new gTLD Registry. more

Privacy Rules to Change in the EU, But What If ...?

In a presentation EU Commissioner Viviane Reding gave a preview of the new Privacy regulation her DG is preparing. As she states, privacy rules need to be brought up to date and harmonized. With all 27 member states having the same rules and tools to enforce, a company only will deal with one privacy commissioner... So, what if we, for the sake of this blog, take this initiative towards spam and cyber crime. What would this do to spam enforcement? more

Cyber Security and the White House

A few months ago, an article appeared on arstechnica.com asking the question "Should cybersecurity be managed from the White House?" During the recent presidential elections in the United States and the federal elections in Canada, the two major players in both parties had differing views that crossed borders. In the US, the McCain campaign tended to favor free market solutions to the problem of cybersecurity, and the Conservatives in Canada took a similar position... more

Neustar Urges Caution to ICANN Before Batching

Neustar has sent the following letter to ICANN. Neustar sent the letter to urge caution to ICANN before launching the batching process to promote competition and choice for consumers in a fair and balanced manner... "Neustar has long been an advocate for the introduction of new generic top level domains. Given the long and sometimes arduous road the ICANN community has traveled to get to this point in the process, we are understandably anxious to avoid unnecessary delay in the launch of new gTLDS." more

The FCC Cyber Trust Label Gambit

Several weeks ago, the Federal Communications Commission (FCC) embarked on one of the most far-reaching regulatory gambits in its 90-year history. It is formally known as a Notice of Proposed Rulemaking in the matter of Cybersecurity Labeling for Internet of Things, Docket 23 -- 239. The FCC offers ICT product developers the use of its FCC trademarked cyber trust mark placed on their products in exchange for accepting open-ended Commission cybersecurity jurisdiction... more

White Spaces News… Interesting First Step

When the U.S. Digital Television Transition (DTV) transition happens in Feb. 2009, channels 2 through 51 will remain allocated for television transmission. Few of the nation's television markets actually use 49 channels. Indeed, most use less than half of that number... Today, with Congress in recess, leaving less room for last-minute-Lucy-with-the-football lobbying gambits, the Federal Communications Commission (FCC) appears to be poised to release a report saying the white spaces can be used without necessarily causing interference to existing broadcasts. There are still many questions to be answered... more

A Peek Inside the FCC

I write a lot about the U.S. Federal Communications Commission (FCC), but I imagine a lot of folks don't realize the many functions the agency handles. Like any regulatory agency, the FCC staff and Commissioners have been tasked by Congress with a wide range of responsibilities. The public gets to hear from the FCC formally once each month ... more

“One Google, One World; One China, No Google”

China's insomniac twitterati were on fire this afternoon U.S. time, powered no doubt by much caffeine and sugar in the the wee hours of the morning in China. Half an hour before Google's David Drummond posted his announcement that Google.cn is now effectively operating from Google.com.hk, Guangzhou-based open source programmer @LEMONed broke the
news that google.cn was being redirected to the Hong Kong service. Reacting to the news, @wentommy quipped: "One Google, One World; One China, No Google." more

Refutation of the Worst IANA Transition FUD

Of all the patently false and ridiculous articles written this month about the obscure IANA transition which has become an issue of leverage in the partisan debate over funding the USG via a Continuing Resolution, this nonsense by Theresa Payton is the most egregiously false and outlandish. As such, it demands a critical, nearly line by line response. more

Vertical Integration of gTLDs Registries and Registrars Now Permitted

While many were expecting a decision of strict Registry/Registrar separation, in an unexpected ruling, it was announced that ICANN will not restrict cross-ownership between Registries and Registrars. While the current set of agreements prohibits Registries from acquiring Registrars, they do not prohibit Registrars from applying for or operating TLDs. The Board Resolutions also made note of the fact that while individually negotiated contracts have included restrictions on Registry ownership of Registrars, cross-ownership provisions have varied over time and no formal "policy" on this topic has ever been recommended by the GNSO or adopted by ICANN. more

Domain Registrar Hide and Seek

In the past year ICANN has been putting a lot more effort into its compliance activities, which is a good thing, since the previous level was, ah, exiguous. That's the good news. The bad news is that while they're paying more attention to misbehaving registrants, the registrars, gatekeepers to the world of domains, have serious issues that ICANN has yet to address. more

The Empire Strikes Back: ICANN Accountability at the Inflection Point

The members of the ICANN community engaged in the work of the Cross Community Working Group on Enhancing ICANN Accountability (CCWG-ACCT, or just plain "CCWG" for this article) has been engaged since late 2014 in designing an enhanced ICANN accountability plan to accompany the transition of oversight of the IANA root zone functions from the National Telecommunications and Information Administration (NTIA) to the global multistakeholder community. On August 3rd the CCWG released its 2nd Draft Report (Work Stream 1) for a public comment period that closed on September 12th. more

France to Stop Using Google as Part of Its Plan to Establish Digital Sovereignty

The 2013 NSA revelations by the American whistleblower Edward Snowden was a stern wake call for French politicians. more

Set-Top-Box Revisited: How Does the Gateway Solution Increase Competition?

The FCC seems determined in revisiting and repairing the current CableCard rules fiasco in which it chose to mandate a universal Set-Top-Box for Cable, Telco, and DBS providers. Where does a solution lie, and is the FCC going down another road of improbable acceptance? The problem with a CableCard solution, in an attempt to create more competition, was the opening of current provider STB's to access other venues, which turned out to be both technically and business concept unfriendly. more