Policy & Regulation

Policy & Regulation / Recently Commented

Banning 5G Equipment is a Foolish Strategy

It has become popular today around Washington and the venues of its coerced allies to issue threats to ban telecommunications equipment from certain countries - especially equipment intended for 5G use. The guise is vague assertions of "national security." It is an old tactic dating back to the turn of the last century and recurrent for decades. A combination of treaty instruments and collaborative industry standards activity several decades ago largely put an end to the banning tactic - significantly benefitting the entire world. more

Internet Economics

One year ago, in late 2017, much of the policy debate in the telecommunications sector was raised to a fever pitch over the vexed on-again off-again question of Net Neutrality in the United States. It seemed as it the process of determination of national communications policy had become a spectator sport, replete with commentators who lauded our champions and demonized their opponents. more

Internet Governance Outlook 2019: Innovative Multilateralism vs. Neo-Nationalistic Unilateralism

What says the "Crystal Ball" for the Internet Governance Ecosystem in 2019? In a best case scenario, we will take three steps to Cyber-Heaven. In the worst case scenario we will take three steps to Cyber-Hell. The middle way is no "digital big bang", but some small "digital goodies" and some small "digital disasters". Stumbling further forward into the digital cyberworld. However, 2019 could also go into the history books as the year of "digital wisdom". more

The Hidden Perils of Filing a Baseless UDRP Complaint

When properly used, the UDRP enables trademark owners to take control of abusive domain names. Yet sometimes the UDRP itself is misused by trademark owners to try to seize desirable domain names to which they have no legal entitlement. Is there a downside to misusing the UDRP to attempt a domain name hijacking? Unscrupulous companies at times misuse the UDRP by improperly invoking its power to compel a transfer of ownership in order to seize inherently valuable, non-infringing domain names that the companies desire for their own use. 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

Stop Using the Term "Open Internet"

Over the past few years, the term "open internet" has become popular among politicians in Washington and Europe. It is bandied about in political pronouncements that assert that everyone needs to somehow support the open internet without ever actually defining it. It is sometimes used as a synonym for Net Neutrality. In fact, it is a bogus public relations term that is rather like saying you believe in the Tooth Fairy. more

America Will Not Win the Global Race to 5G

Several weeks ago, the White House published a document asserting that "America Will Win the Global Race to 5G." The White House should get over it. This is not about America winning any global race to 5G, but the world working together on fundamentally different, complex, new communication networks and services. There are four important points, however. more

Verisign's Attempt to Increase its Fees Still Unjustified Despite Diversionary Tactic

Shortly after the National Telecommunications and Information Administration (NTIA)'s recent announcement allowing Verisign to pursue increased .com registry fees, Verisign published a blog post questioning the business practices of registrars and domain name investors. The ICA, on behalf of its registrar and domain name investor members, had previously spoken out against a .com fee increase, as did others in the domain industry. more

Has President Macron Thrown Multistakeholderism Under the Bus at UN IGF 2018 Paris?

Today, President Macron threw down the gauntlet to President Trump and the US administration on Multistakeholderism. In his welcome address to IGF 2018 Paris a few hours ago, President Macron challenged IGF to become more relevant by reinventing itself in factoring in multilateralism into IGF's non-decision-making body and to move beyond the mere talk-ship lip service it has been for the last 13 years. more

Protecting Privacy Differently

My thesis is simple: the way we protect privacy today is broken and cannot be fixed without a radical change in direction. My full argument is long; I submitted it to the NTIA's request for comments on privacy. Here's a short summary. For almost 50 years, privacy protection has been based on the Fair Information Practice Principles (FIPPs). There are several provisions... more

Cyber Security Word Salad

Two months ago, the Trump White House published its National Cyber Strategy. It was followed a few days ago with the release of its draft NSTAC Cybersecurity "moonshot." The Strategy document was basically a highly nationalistic America-First exhortation that ironically bore a resemblance to China's more global two-year-old National Cybersecurity Strategy. more

Over the Top Services at the ITU PP-2018: Considering the Pittsburgh Massacre

This past Saturday, a self-professed neo-Nazi massacred eleven worshipers at synagogue services in Pittsburgh. The killer was reported to have lived on and was incented by an "Over the Top (OTT)" service purposely established to facilitate extremist activities known as Gab. Within hours, the cloud service providers hosting their services announced they would no longer provide hosting services. Presumably, the threat of both potential civil litigation liability among other penalties, as well as adverse publicity, provided the motivation. more

Law Enforcement Agencies Will Have Authority on Registries and Registrars

Accessing Whois information and acting on a litigious domain name is becoming a nightmare for law enforcement agencies. Law enforcement agencies must have an access to the information provided by registrants in the Whois database and, in specific cases, have authority to act FAST on a domain name. The EU has a solution for this and it's coming in 2020. more

Has Internet Governance Become Irrelevant?

When the Internet outgrew its academic and research roots and gained some prominence and momentum in the broader telecommunications environment it found itself to be in opposition to many of the established practices of the international telecommunications arrangements and even in opposition to the principles that lie behind these arrangements. more

The Road Less Traveled: Time Is Running Out for NTIA-Verisign Cooperative Agreement

It is remarkable  -  for all the wrong reasons  -  that only two months remain before the National Telecommunications and Information Administration (NTIA) must make a fateful decision on how it will address its' long-standing Cooperative Agreement with Verisign  -  the private-sector corporation that edits the authoritative address book of the Internet's Domain Name System (DNS), maintains two of the DNS root servers, and operates the .com and .net registries of the Internet, undoubtedly one of the most lucrative concessions ever granted. more

Industry Updates