Policy & Regulation

Policy & Regulation / Recently Commented

"Non-Discriminatory" Broadband: Just Carriage, or Miscarriage of Justice?

The foundational idea behind "net neutrality" is one of fairness by constraining ISP power over network mechanisms. The theory is this: if there is "non-discriminatory" local traffic management, then you have "fair" global outcomes to both users and application providers. There are thousands of pages of academic books making this assumption, and it is the basis of recent EU telecoms law. more»

Can Trump's Twitter Account be Deleted Under the New EU Hate Speech Code?

On 31 May 2016, The Commission together with Facebook, Twitter, YouTube and Microsoft unveiled a code of conduct that includes a series of commitments to combat the spread of illegal hate speech online in Europe. These IT Companies support the European Commission and EU Member States in the effort to respond to the challenge of ensuring that online platforms do not offer opportunities for illegal online hate speech to spread virally. more»

IP Addresses Are Not Telephone Numbers - The Fundamental Flaw with the FCC's Proposed Privacy Rules

Last month the FCC released a Notice of Proposed Rulemaking (NPRM) on Customer Proprietary Network Information (CPNI), the information telcos collect about consumers' phone calls. The Commission's proposed rules would adapt and apply privacy rules that have historically applied to the traditional telephone space to broadband carriers. It would also regulate how broadband providers use and share that data. more»

IETF's Descent Into the Political Rabbit Hole

The Internet Engineering Task Force (IETF) has a curious, non-linear history as a "non-organization" of technical innovators now approaching 47 years. As it approaches a landmark 100th official meeting, it has become embroiled in a controversy that takes it further down the political rabbit hole it has been deepening in recent years. The IETF is considering cancelling its 100th meeting now scheduled in Singapore in November 2017... because "concerns were raised about anti-LGBT laws." more»

Senate Oversight Hearing Explores "Test Drive" of IANA Transition

The IANA transition still appears to be on track for consummation at the end of the September 30th expiration date of the current contract between NTIA and ICANN in the wake of the May 24th Senate Commerce Committee oversight hearing on "Examining the Multistakeholder Plan for Transitioning the Internet Assigned Number Authority". That is, while there are clearly some concerns on both sides of the aisle about terminating the remaining U.S. government ties to ICANN... more»

The Irritating Irresolution of ICANN Jurisdiction

The ICANN community review and Board approval of the draft Bylaws intended to implement the Work Stream 1 (WS1) recommendations of the Cross-Community Working Group on Accountability (CCWG-ACCT) are nearing completion. As we approach that marker, it is worth remembering that a major impetus for the approaching transition of IANA functions control away from the U.S. Government (USG) to the multistakeholder community was the notion that termination of the remaining "clerical function" performed by the USG within the context of the current IANA contract would dampen criticism of ICANN's relationship with the USG... more»

Internet Governance in Transition: The ITU as a Battleground for Rival Visions

During the past few years, the International Telecommunication Union (ITU) has been a battleground where governments promote rival visions of how the Internet should be governed. Although there has been a recent cease-fire as Internet governance debates have focused more on the role of ICANN, those skirmishes may soon restart at the ITU... Co-authored by Ambassador Gross (chair of Wiley Rein's International & Internet Practice), Carl R. Frank, Umair Javed, and Sara M. Baxenberg (members of Wiley Rein's Telecom, Media & Technology Practice). more»

ICANN vs. the Federal Reserve

The Internet is about to go independent. After years of support and supervision, the U.S. Government is about to irrevocably relinquish its control over the Internet by transferring its authority to an independent corporation named ICANN. As part of this push, the current chairman of ICANN posted this article to the Wall Street Journal... What's truly amazing about this piece, is how well it's done... It was only after digesting this piece, that I remembered we are talking about ICANN here. more»

Why You Should Demand 'Net Morality' Instead of 'Net Neutrality'

I have come to the conclusion that "net neutrality" is an ethical issue at heart, one about the appropriate constraint of unfair ISP power. Some people are (I pray unintentionally) on the wrong side of a now-clear moral divide. They are claiming to prevent harmful abuse of power, when in reality their actions create fresh harm. A central issue is one of technical competence to comment. If your beliefs are disconnected from how the world works, you cannot evaluate whether you are espousing something sensible or silly. more»

Transfers of Domain Names Contemporaneous with Complaint: Cyberflight?

Cyberflight (defined as strategically transferring accused domain names to another registrar or registrant upon receipt of a complaint) was a sufficient irritant by 2013 for the ICANN to adopt recommendations to amend the Rules of the Uniform Domain Name Dispute Resolution Policy (UDRP). Effective July 1, 2015 the Rules now include a requirement for locking the domain as well as a change in the timing of transmitting the complaint to respondents. Before the amendment there had been no uniform approach to locking. more»

The Second Machine Age Calls for Vision and Leadership

This post I've been pondering on for a long time, but never found the right angle and perhaps I still haven't. Basically I have these observations, thoughts, ideas and a truckload of questions. Where to start? With the future prospects of us all. Thomas Picketty showed us the rise of inequality. He was recently joined by Robert J. Gordon who not only joins Picketty, but adds that we live in a period of stagnation, for decades already. "All great inventions lie over 40 years and more behind us", he points out. more»

DotSpam? Certain New gTLDs Rapidly Outpacing Legacy TLDs in Terms of Abuse

Would you like to hear about how to treat your psoriasis? Where to get a cheap oil change? How to flatten your belly? Achieve a stronger sexual life? Cheap toner? Annuities? Herpes? Bed bugs? Free energy? Varicose-Veins? Herpes? Saggy skin? Arthritis? Overactive bladder? Drug addiction? Herpes? No? Well, that's too bad, because that you are going to hear about it whether you like it or not. Many of the messages about these and other subjects are being carried to you via new gTLDs. more»

The World is in Need of Transformative Solutions

The world has changed significantly since 2000, when the countries of the world adopted the United Nations Millennium Development Goals (MDGs). While strong economic growth in the developing world has helped lift millions out of poverty, global population growth, modern lifestyles and consumption are now stretching the limits of the planet's resources. During this time, technological advances in information and communication technologies (ICT) have radically transformed the way people communicate and lead their lives; now ICT can play a vital, transformative role in helping to put the world on a more sustainable path. more»

FBI vs Apple: A Bit Of Light Reading

Encryption is key to commerce online. Anything that weakens it is a threat to the digital economy, so the FBI vs Apple case is something that a lot of people are watching very closely... The most recent development is that Apple has filed "Motion to Vacate the Order Compelling Apple Inc. to Assist Agents in Search, and Opposition to the Government's Motion to Compel Assistance." Legal filings aren't light bedtime reading, but this one explores the legal issues as well as the privacy and security implications from multiple angles and underlines why this case is so important. more»

ICANN CEO Fadi Chehade is Misleading the US Senate, Says Sen. Cruz

U.S. Sen. Ted Cruz (R-Texas) has released a statement today regarding a letter that Cruz, Sen. James Lankford (R-Okla.), and Sen. Mike Lee (R-Utah) received from Fadi Chehade, CEO of the Internet Corporation for Assigned Names and Numbers (ICANN) on Friday. more»