Policy & Regulation

Policy & Regulation / Recently Commented

GDPR: Registries to Become Technical Administrators Only?

On 11 December 2017, about 25 participants from Europe and the US attended the public consultation for the brand new GDPR Domain Industry Playbook by eco (Association of the Internet Industry, based in Germany) at the representation of the German federal state Lower Saxony to the European Union in Brussels. The General Data Protection Regulation (GDPR) poses a challenge for the Registries, Registrars, Resellers and ICANN. more

FCC Doesn't Understand How the Internet Works, Say Internet Pioneers in Open Letter

Internet pioneers and leading figures published an open letter today calling on FCC to cancel the December 14 vote on the agency's proposed "Restoring Internet Freedom Order." more

Eliminating Access to WHOIS - Bad for All Stakeholders

Steeped deep in discussions around the European Union's General Data Protection Regulation (GDPR) for the past several months, it has occurred to me that I've been answering the same question for over a decade: "What happens if WHOIS data is not accessible?" One of the answers has been and remains the same: People will likely sue and serve a lot of subpoenas. This may seem extreme, and some will write this off as mere hyperbole, but the truth is that the need for WHOIS data to address domain name matters will not disappear. more

Voluntary Reporting of Cybersecurity Incidents

One of the problems with trying to secure systems is the lack of knowledge in the community about what has or hasn't worked. I'm on record as calling for an analog to the National Transportation Safety Board: a government agency that investigates major outages and publishes the results. In the current, deregulatory political climate, though, that isn't going to happen. But how about a voluntary system? more

Transparency: The Internet's Only Currency

I don't know about you, but I am angry. I am angry with the state of the world and our incapacity to do something about it. I am angrier because, in all this, I thought that the Internet would be the place where we would see collective action at its best. But, that's not going to happen. At least, anytime soon. Is it time to admit that the Internet has turned toxic? No. But, it is time to ask ourselves the question... more

Berners-Lee Talks Net Neutrality in Washington, "ISPs Should be Treated More Like Utilities"

Tim Berners-Lee is in Washington urging lawmakers to reconsider the rollback of net neutrality laws. more

The Hack Back Bill in Congress is Better Than You'd Expect

Rep's Graves and Sinema recently introduced H.R. 4036, the catchily named Active Cyber Defense Certainty Act or ACDC act which creates some exceptions to criminal parts of computer crime laws. Lots of reports have decried "hack back" but if you read the bill, it's surprisingly well targeted. The first change is to what they call Attributional Technology, and says it's OK to put bait on your computer for an intruder intended to identify the intruder. more

Google Now a Target for Regulation

The time was - way back around the turn of the century - when all Internet companies believed that the Internet should be free from government regulation. I lobbied along with Google and Amazon to that end (there were no Twitter and Facebook then); we were successful over the objection of traditional telcos who wanted the protection of regulation. The FCC under both Democrats and Republicans agreed to forbear from regulating the Internet the way they regulate the telephone network; the Internet flourished, to put it mildly. more

Enabling Privacy Is Not Harmful

The argument for end-to-end encryption is apparently heating up with the work moving forward on TLSv1.3 currently in progress in the IETF. The naysayers, however, are also out in force, arguing that end-to-end encryption is a net negative... The idea of end-to-end encryption is recast as a form of extremism, a radical idea that should not be supported by the network engineering community. Is end-to-end encryption really extremist? Is it really a threat to the social order? more

The FCC Robocall Proceeding: International Insularity

In March of this year, the Federal Communications Commission (FCC) adopted an initial Notice of Inquiry (CG No. 17-59) to mitigate robocalls. In July, it adopted a Second Notice. Mitigating spoofed telephone calls is a global problem which every country in the world has been addressing as part of a global ecosystem for many years in intergovernmental and industry bodies, in academic R&D and patent filings, and industry products with ongoing activity continuing today. more

Net Neutrality 101: Why 'Title II' Doesn't Apply to Internet Transmissions

No baby boomers had been born when Congress enacted Title II of the Communications Act in 1934 as a means of regulating the Bell telephone monopoly, and the first Millennials were in elementary school when that monopoly was broken up in 1983. Title II was set to die along with plain old telephone service until the Obama administration decided Title II should be used to implement net neutrality -- the principle that consumers should have reasonable access to internet functionality. more

The Darkening Web: Is there Light at the end of the Tunnel?

In his book "The Darkening Web: The War for Cyberspace" (Penguin Books, New York 2017), Alexander Klimburg, an Austrian-American academic, gives "Internet Dreamers" a "Wake Up Call". He tells us the background-story why people start to be "anxious about the future of the Internet", as the recent ISOC Global Internet Report "Paths to Our Digital Future" has recognized. Klimburg refers to Alphabets CEO Erich Schmidt, who once said that "the Internet is the first thing that humanity has built that humanity does not understand". more

The Catalonian Matter: Law and Order, Democracy and Freedom of Speech, Censorship and Trust

I'm an engineer, and I firmly believe that Internet matters and, in general, Information Society, should be kept separate from politics, so usually, I'm very skeptical to talk about those and mix things. Let's start by saying that I'm Catalonian. Despite the dictatorial regime when I was born, forbidden teaching Catalonian, I learned it, even despite, initially for family reasons and now for work reasons, I live in Madrid. However, I keep saying everywhere I go, that I was born in Barcelona... more

A European Perspective on the Equifax Hack: Encouraging Data Security Through Regulation

The Equifax hack is understood to have compromised the personal data of over 140 million individuals. Although recent hacks of other businesses have affected more individuals, the personal data held by Equifax is significantly more sensitive than the data compromised in other hacks and includes Social Security numbers, birth dates, current and previous addresses and driver licence details... (Co-authored by Peter Davis and Brendan Nixon.) more

The One Reason Net Neutrality Can't Be Implemented

Suppose for a moment that you are the victim of a wicked ISP that engages in disallowed "throttling" under a "neutral" regime for Internet access. You like to access streaming media from a particular "over the top" service provider. By coincidence, the performance of your favoured application drops at the same time your ISP launches a rival content service of its own. You then complain to the regulator, who investigates... It seems like an open-and-shut case of "throttling" resulting in a disallowed "neutrality violation". Or is it? more