Policy & Regulation

Policy & Regulation / Recently Commented

European ACTA Document Leaks With New Details on Mexico Talks and Future Meetings

A brief report from the European Commission authored by Pedro Velasco Martins (an EU negotiator) on the most recent round of ACTA negotiations in Guadalajara, Mexico has leaked, providing new information on the substance of the talks, how countries are addressing the transparency concerns, and plans for future negotiations. more

IMP Continuing Despite Industry Backlash

Back in November 2008 a colleague of mine, Neil Watson (Head of Operations at Entanet International Ltd), published an article on Entanet's opinion blog about the government's proposed plans to centrally store records of all electronic communications throughout the UK. The Interception Modernisation Programme (IMP) will be the largest surveillance system ever created in the UK and calls for a 'live tap' to be placed on every electronic communication in Britain including telephone calls, emails and visited websites. more

Registration of Generic Names: Advocate General’s Opinion Before the Court of Justice of the EU

One of the most debated questions at the time of the opening of the .eu Top-Level Domain (TLD) was whether or not it was possible to register names on the basis of prior rights on signs which include special characters, such as an ampersand. The Advocate General of the Court of Justice of European Union has just published his opinion (4 years later...) more

“Internet Drivers License” - A Short History Lesson

The press, the blogosphere, CircleID - everybody has been discussing Craig Mundie's comment on the need for an "Internet Driver's License". Most of the reaction has been from privacy advocates fearing that this is simply another way to kill anonymity on the Internet. Oh well... that's the usual set of reactions. Now... the fun part is, a driver's license also shows that you have the competence to drive... more

FCC’s Genachowski Promises He’s Not Out to Regulate Net, New Media

We learned from The Wall Street Journal yesterday that "Federal Communications Commission Chairman Julius Genachowski gets a little peeved when people suggests that he wants to regulate the Internet." He told a group of Journal reporters and editors today that: "I don't see any circumstances where we'd take steps to regulate the Internet itself," and "I've been clear repeatedly that we're not going to regulate the Internet." We're thankful to hear Chairman Julius Genachowski to make that promise. We'll certainly hold him to it. But you will pardon us if we remain skeptical... more

Domain Name Security Gains Prominence in German-Speaking World

The 2010 Domain Pulse, hosted by SWITCH (the .CH registry) was held in the snowy Swiss city of Luzern. Domain Name Security (DNS) was of particular importance in this year's meeting with DNSSEC being implemented in the root zone in 2010 by ICANN, and by many registries in the next few years. ICANN plan to have all root servers signed with DNSSEC by mid-2010 Kim Davies, Manager, Root Zone Services at ICANN told the meeting, starting with the L root server, then A root server with the last being the J root server as all are gradually signed. more

Domain Name Registry and Registrar Separation Now Probably Going to Be a Policy Debate

Again on the subject of new Top-Level Domains (TLDs) ... One of the "issues" that concerned a number of people is the concept of "vertical separation". The basic idea is that domain name registries and registrars should be kept separate. While that is a wonderful Utopian ideal, the reality is that in the real world companies own other companies, people trade in stocks and shares etc., etc. So it's far from being a simple "cut and dried" situation. more

Australia Booting Infected Computers Off Their Networks

The Australian has a good article describing the efforts some of their ISPs are making in an attempt to clean up their act: the government is encouraging ISPs to detect computers on their network that are infected and part of botnets, and to communicate to the customer that their system is compromised... Unless the customer feels a little bit of pain they will not change their ways. more

Telecoms Leadership and the State of the Union

Before, during and after his inaugural speech (January 2009) President Obama spoke of the national benefits of broadband, and the changes which have been set in motion in the US telecoms market that were unheard of even a year ago. During the previous administration the incumbent telcos and cable companies had been given more freedom. As a consequence, innovation and competition dwindled and the US was no longer a leader in telecoms... However, since that time, the White House has lost some of its initial leadership. more

Protecting Customer Data

There have been a number of reports recently about customer lists leaking out through Email Service Providers (ESPs). In one case, the ESP attributed the leak to an outside hack. In other cases, the ESPs and companies involved have kept the information very quiet and not told anyone that data was leaked. People do notice, though, when they use single use addresses or tagged addresses and know to whom each address was submitted. Data security is not something that can be glossed over and ignored. more

Perhaps It’s Time to Regulate Microsoft as Critical Infrastructure?

My main argument is about the policy of handling vulnerabilities for 6 months without patching (such as the Google attacks 0day apparently was) and the policy of waiting a whole month before patching this very same vulnerability when it first became an in-the-wild 0day exploit (it has now been patched, ahead of schedule). Microsoft is the main proponent of responsible disclosure, and has shown it is a responsible vendor... I simply call on it to stay responsible and amend its faulty and dangerous policies. more

Google and Verizon: Interesting Open Internet Bedfellows

The debate around Network Neutrality is sometimes simplified as carriers against content providers, the owners of networks against the businesses that have grown due to Internet connectivity. So it was interesting to read that Google and Verizon filed a joint submission to the FCC last week, laying out in detail how the two companies agreed on many issues regarding an "Open Internet." more

eHealth: Start With the Professionals

With the prospect of broadband networks becoming more and more of a reality, it appears that concepts such as eHealth are not too far away. Digital healthcare describes the whole system of GPs, hospitals and regional healthcare centres, while eHealth describes the many health applications which will become available for people to use at home. more

Addressing Search Engine, Website, and Provider Accountability for Illicit Online Drug Sales

Garth Bruen reports on a paper published by the American Society of Law, Medicine & Ethics of Boston University School of Law authored by Bryan A. Liang and Tim Mackey titled, "Searching for Safety: Addressing Search Engine, Website, and Provider Accountability for Illicit Online Drug Sales". From the paper: "Online sales of pharmaceuticals are a rapidly growing phenomenon. Yet despite the dangers of purchasing drugs over the Internet, sales continue to escalate. These dangers include patient harm from fake or tainted drugs, lack of clinical oversight, and financial loss. Patients, and in particular vulnerable groups such as seniors and minorities, purchase drugs online either naïvely or because they lack the ability to access medications from other sources due to price considerations. Unfortunately, high risk online drug sources dominate the Internet, and virtually no accountability exists to ensure safety of purchased products."  more

Virtual Banishment and the First Amendment: Estavillo v. Sony Computer Entertainment of America

I saw this case in the excellent National Association of Attorneys General publication Cyber Crime e-newsletter. Many of us host or sponsor online communities of one form or another. On occasion, this means we must engage in moderation of the discourse in that community, and, as chance may arise, on occasion, we must give some chap the boot from the community for violating the AUP or the TOS. Inevitable, the booted chap screams "First Amendment Violation," to which we must respond, "The First Amendment restrains government actors -- we are not government actors." more