Europe's electronic communications sector is currently governed by directives adopted in 2002. These stipulated that the directives and regulatory framework should be reviewed, a processed initialised in November 2007. Both the European Council and the European Parliament need to adopt the proposed changes, and none of the initial consultations conducted by the EC indicated that a major overhaul was on the cards, or even required. Yet this is what has transpired. more
Last week, comments were filed with the FCC in response to the Berkman study of international broadband comparisons... Many of the comments were not supportive of the Harvard Berkman study. In an earlier blog posting, we had observed that there appeared to be statistical problems in the Berkman study that would not hold up to peer review. Our comments may have understated the extent of the problems. more
Some members of Congress have gotten extremely upset about peer-to-peer filesharing. Even the New York Times has editorialized about the issue. The problem of files leaking out is a real one, but the bills are misguided. Fundamentally, the real issue is that files are being shared without the user intending that result... more
A class action lawsuit was filed today in Miami-Dade County Circuit Court on behalf of lead Plaintiff Carlos A. Cueto and others who participated in online auctions for domain names. In the lawsuit, Mr. Cueto alleges that an executive of the company conducting the auctions acted as a shill bidder to manipulate bids. The domain names were auctioned online by Oversee.Net, Inc. subsidiary SnapNames.Com, Inc. "The domain name industry is the wild west of intellectual property because it remains unregulated. The online community has been up in arms over what they feel has been an opaque system that just begs for transparency. It is impossible to know whether you are bidding against someone that isn't working or affiliated with the company conducting the auction," said attorney Santiago A. Cueto. more
"What Will the Internet of the Future Look Like?," was the subject of a panel discussion held this week in Washington, DC, organized by the Information Technology & Innovation Foundation (ITIF). The discussion was aimed at examining pending Internet regulations in the U.S. and their impact on packet discrimination, traffic shaping, network management, and carrier business models. The panel, moderated by Robert Atkinson, included: Richard Bennett; Dr. David Farber; Charles Jackson; and Jon Peha. more
In the midst of ICANN's decision to ask the Generic Names Supporting Organization (GNSO) to create proposals on trademark protection mechanisms, the World Intellectual Property Organization (WIPO) announced that it will launch a fast-track UDRP process... The WIPO move is flawed and creates various problems. Here is an account. more
A recent telephone poll conducted by professors at Berkeley and the University of Pennsylvania concluded, "Contrary to what many marketers claim, most adult Americans (66%) do not want marketers to tailor advertisements to their interest." The study's authors claim that their poll is the "the first nationally representative telephone (wireline and cell phone) survey to explore Americans' opinions about behavioral targeting by marketers." ... But what is most surprising about this poll is not that 66% of users said they do not want tailored online ads, but that 34% of users said they did! more
The US government is proposing broad new regulations for telecommunications and cable internet service providers. The new proposals appear to target specific providers for regulation and government oversight. Specifically, Massachusetts Senator Ed Markey has proposed the Internet Freedom Preservation Act of 2009, or the "Net Neutrality" bill, outlining government policies to impose new governance and restrictions targeting telecommunications and cable providers AT&T, Verizon, Time Warner and Comcast. more
Ten years ago, Nobel Prize-winning economist Milton Friedman lamented the "Business Community's Suicidal Impulse:" the persistent propensity to persecute one's competitors through regulation or the threat thereof. Friedman asked: "Is it really in the self-interest of Silicon Valley to set the government on Microsoft?" After yesterday's FCC vote's to open a formal "Net Neutrality" rule-making, we must ask whether the high-tech industry -- or consumers -- will benefit from inviting government regulation of the Internet under the mantra of "neutrality." more
U.S. Senator John McCain has introduced a legislation that could block the U.S. Federal Communications Commission (FCC) from developing open Internet regulation which the agency voted on unanimously on Thursday. "Today I'm pleased to introduce the Internet Freedom Act of 2009 that will keep the Internet free from government control and regulation," said McCain. "It will allow for continued innovation that will in turn create more high-paying jobs for the millions of Americans who are out of work or seeking new employment. Keeping businesses free from oppressive regulations is the best stimulus for the current economy." more
In a joint statement released today by Eric Schmidt, Chairman and CEO of Google, and Lowell McAdam, President and CEO of Verizon Wireless, the two companies have expressed their support for making existing 'net neutrality' principles enforceable. The joint statement was published as a blog post late Wednesday on both Google and Verizon policy blogs. more
There is a difference between rhetorical leadership and actually instituting regulations. As the Canadian Radio-television Telecommunications Commission (CRTC) chair Konrad von Finckenstein said on October 21: "Canada is the first country to develop and implement a comprehensive approach to internet traffic management practices." In a regulatory policy decision, the CRTC affirmed that it already has sufficient legislative authority within Canada's Telecom Act to police discriminatory practices by ISPs. Similar clauses do not exist in US legislation. more
As readers of CircleID have seen, there has been a lot of activity (for example, Michael Geist's "Canadian Marketing Association Attacks Anti-Spam Bill"), as the final votes of C-27 grow nearer. The history towards getting a spam law passed in Canada has been a long one. For years, CAUCE encouraged legislators to undertake this important work... Fast forward a few years, and a few governments, and suddenly we have a law tabled in the House of Commons... more
With the final Industry Committee review of C-27, Canada's anti-spam legislation, set for Monday afternoon, lobby groups have been increasing the pressure all week in an effort to water down many of the bill's key protections. Yesterday, the Canadian Marketing Association chimed in with an emergency bulletin to its members calling on them to lobby for changes to the bill. While the CMA was very supportive of the bill when it appeared before the committee in June, it now wants to kill the core protection in C-27 - a requirement for express opt-in consent. more
Finland's national broadband strategy (NBS) was set up in 2004 by the Ministry of Transport and Communications with the practical goal of increasing the number of broadband connections. The strategy, part guided by the EU's i2010 'Broadband for all by 2010' plan which focuses on rolling out broadband through a range of measures while promoting competition in and between networks, included an implementation program of 50 separate measures. Broadband access in sparsely populated and rural areas was to be supported by structural funds from the EU and central government. more
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