Internet Governance & ICANN

At Stanford Law School, I am a member of the Stanford Law and Technology Association and the Center for Internet and Society. I write for CIS’s publication, Packets. I just published a piece summarizing the recent Third Circuit case once again holding the Child Online Protection Act unconstitutional. When the decision was released back in July, Adam Thierer wrote a wonderful post here on it. Adam’s and my pieces are complementary. Though Adam gave a nice assessment of COPA’s future, my summary goes into a bit greater detail on the court’s legal reasoning. If you’re interested in the law or in the constitutional principles involved, you may want to check out this interview with my brother, who was a counsel on the case.

Blown to Bits coverI’ve just finished reading Blown to Bits: Your Life, Liberty, and Happiness After the Digital Explosion, by Hal Abelson, Ken Ledeen, and Harry Lewis, and it’s another title worth adding to your tech policy reading list. The authors survey a broad swath of tech policy territory — privacy, search, encryption, free speech, copyright, spectrum policy — and provide the reader with a wonderful history and technology primer on each topic.

I like the approach and tone they use throughout the book. It is certainly something more than “Internet Policy for Dummies.” It’s more like “Internet Policy for the Educated Layman”: a nice mix of background, policy, and advice. I think Ray Lodato’s Slashdot review gets it generally right in noting that, “Each chapter will alternatively interest you and leave you appalled (and perhaps a little frightened). You will be given the insight to protect yourself a little better, and it provides background for intelligent discussions about the legalities that impact our use of technology.”

Abelson, Ledeen, and Lewis aren’t really seeking to be polemical in this book by advancing a single thesis or worldview. To the extent the book’s chapters are guided by any central theme, it comes in the form of the “two basic morals about technology” they outline in Chapter 1:

The first is that information technology is inherently neither good nor bad — it can be used for good or ill, to free us or to shackle us. Second, new technology brings social change, and change comes with both risks and opportunities. All of us, and all of our public agencies and private institutions, have a say in whether technology will be used for good or ill and whether we will fall prey to its risks or prosper from the opportunities it creates. (p. 14)

Mostly, what they aim to show is that digital technology is reshaping society and, whether we like or it not, we better get used to it — and quick!  “The digital explosion is changing the world as much as printing once did — and some of the changes are catching us unaware, blowing to bits our assumptions about the way the world works… The explosion, and the social disruption that it will create, have barely begun.” (p 3)

In that sense, most chapters discuss how technology and technological change can be both a blessing and a curse, but the authors are generally more optimistic than pessimistic about the impact of the Net and digital technology on our society. What follows is a quick summary of some of the major issues covered in Blown to Bits.

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The Progress & Freedom Foundation has just launched the new Center for Internet Freedom.  CIF offers an alternative to the proliferation of advocacy groups calling for government intervention online by offering timely analyses and critiques of proposals that diminish the vital role of free markets, free speech and property rights.  We aim to drive the Internet policy debate in new directions by emphasizing a layered approach of technological innovation, user education, user self-help, industry self-regulation, and the enforcement of existing laws consistent with the First Amendment.  Such an approach is a less restrictive—and generally more effective—alternative to increased regulation.  

Here are some of the issues I’ll be working on as CIF’s Director in conjunction with my esteemed colleagues Adam Thierer, Adam Marcus, and adjunct fellows: 

  • Defending online advertising as the lifeblood of online content & services, especially in the “Long Tail”;
  • Emphasizing market solutions to problems of privacy protection, especially regarding the use of cookies and packet inspection data;
  • Protecting online speech and expression both in the U.S. and abroad;
  • Defending Section 230 immunity for Internet intermediaries;
  • Opposing online taxation and legal barriers to e-commerce and digital payments, especially at the state and local levels; and
  • Ensuring that Internet governance remains transparent and accountable without hampering the evolution of the Internet.

Yesterday at an event on Capitol Hill, I had the opportunity to formally release a paper I co-wrote with my colleague Steve DelBianco called “Hardening the Security Stack.” The “stack” is a common sense concept, but one that seems to get lost in the rhetoric about Internet security.

The idea is that there is no monolithic thing called “Internet security,” nor any monolithic entity that can single-handedly provide it. Internet security relies an interdependent network of tools, technologies and behaviors; and succeeds or fails based on the efforts of a wide range of stakeholders, from infrastructure providers at the core of the Internet, to end users at the edge. Those stakeholders make up the security “stack.”

There is no silver bullet. It sounds simple enough, but when policymakers and members of the high-tech community get it in their heads that one tool — or one stakeholder group — has the silver bullet to solve all of our Internet security woes, it can lead to some unfortunate outcomes. The latest example of this has been the recent furor over DNS Security Extensions or “DNSSEC.” Continue reading →

As if the financial crisis and government bailout isn’t already a bit fishy to some taxpayers, now it’s the subject of a social engineering phishing exploit. The Federal Trade Commission issued a warning that

Phishers (pronounced “fishers’) may send attention-getting emails that look like they’re coming from the financial institution that recently acquired your bank, savings and loan, or mortgage. Their intent is to collect or capture your personal information, like your credit card numbers, bank account information, Social Security number, passwords, or other sensitive information. Their messages may ask you to “update,” “validate,” or “confirm” your account information.

October is Cyber Security Awareness Month and in celebration NetChoice will hold a lunch event at the Russell Senate Building on Thursday, Oct. 16 from Noon – 1:30pm. Panelists include:

  • Ken Silva, Chief Technology Officer, VeriSign
  • Michael Kaiser, Executive Director, National Cyber Security Alliance
  • Steve DelBianco, Executive Director, NetChoice

If interested, let me know and come on by.

John Markoff had an interesting article in the New York Times this weekend entitled “Internet Traffic Begins to Bypass the U.S..” In the piece, Markoff notes that “The era of the American Internet is ending” since “data is increasingly flowing around the United States,” instead of all flowing though our country, as it once did. Markoff focuses on how that “may have intelligence — and conceivably military — consequences.”
Net traffic
Indeed, it may. But what I also found interesting about this fact is the implications it will have for the future of content regulation. As Harvard’s Yochai Benkler told the Times, “This is one of many dimensions on which we’ll have to adjust to a reduction in American ability to dictate terms of core interests of ours.” Content controls are one way that lawmakers enforce what they perceive to be a country’s “core interests.” As less and less Internet traffic flows through the U.S., it could become increasingly difficult for American lawmakers to impose their particular vision or morality on the Internet.

And that’s both good and bad news.

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Braden has noted the release of John McCain’s tech policy–rightly decrying McCain’s socialistic community broadband concept.  But far more outrageous, in my view is this bit of doublethink.  First, the good part we should all applaud:

John McCain Has Fought to Keep the Internet Free From Government Regulation

The role of government in the Innovation Age should be focused on creating opportunities for all Americans and maintaining the vibrancy of the Internet economy. Given the enormous benefits we have seen from a lightly regulated Internet and software market, our government should refrain from imposing burdensome regulation. John McCain understands that unnecessary government intrusion can harm the innovative genius of the Internet. Government should have to prove regulation is needed, rather than have entrepreneurs prove it is not.

Amen!  Even a hardened Ron Paul/Bob Taft/Grover Cleveland/Jack Randolph-survivalist/libertarian-crank like me can rally behind that banner.  But then this self-styled champion of deregulation pulls a really fast one:

John McCain Will Preserve Consumer Freedoms. John McCain will focus on policies that leave consumers free to access the content they choose; free to use the applications and services they choose; free to attach devices they choose, if they do not harm the network; and free to chose among broadband service providers.

That sure sounds nice, but it’s all Wu-vian code for re-regulation, not de-regulation.  You might recognize that McCain is talking obliquely here about the FCC’s 1968 Carterfone doctrine, which has consumed much attention on the TLF (see this piece in particular).

McCain then insists that he will be a bold leader for “good” regulations: Continue reading →

I wanted to update readers on the micro-scandal surrounding the Progress & Freedom Foundation’s “Issues & Publications” database.  As I noted on Monday, Google’s search engine automatically flagged that database as the victim of a malware attack:  some unknown third party (probably as part of a large-scale attack on SQL databases that did not target us in particular) had taken advantage of a vulnerability in the PFF database to insert malcious scripts capable of infecting users’ computers.  Google immediately and automatically flagged that database (and the PDF files within it) as potentially dangerous and shared that information through its Safe Browsing API with the StopBadware.org project, a “neighborhood watch” group that flags potentially dangerous sites.

I attempted to correct the impression of some readers that Google was deliberately censoring the PFF site because of our disagreements on the sensitive issue of net neutrality.   Matt Cutts, a Google engineer, has explained this far better than I ever could.

I’m pleased to inform readers that Stopbadware.org removed our database from their blacklist yesterday: Continue reading →

TLF readers may have heard that Google was craftily censoring my free-market colleagues at the Progress & Freedom Foundation.  Our good friend and invaluable TLF commenter Richard Bennett blogged over  the weekend about how Google seemed to block access to our site when he tried to search for “net neutrality.”

This is one of the most amazing things I’ve ever seen. Google is blocking net neutrality documents from the PFF’s web site, but documents in the same format that deal with other subjects are not flagged “dangerous.”

This is really outrageous, and a clear example of the problem with a monopoly gatekeeper.

This story made the rounds this morning and much of the DC Internet policy community was atwitter with allegations of censorship by Google.  But as I explain in the comment I tried (unsuccessfully) to post on Richard’s blog, this is all an innocent and unfortunate misunderstanding: Continue reading →

Today we should remember not only Virginia planter and lyricist of American libertarianism Thomas Jefferson’s 1776 Declaration of Independence, but also Wyoming cattle-rancher and Grateful Dead lyricist John Perry Barlow‘s 1996 Declaration of the Independence of Cyberspace. While everyone can find something to quibble with in it, especially given the changes of the last twelve years, Barlow’s Declaration remains the best creed of Internet Freedom yet written. Now more than ever, as Internet regulation gathers steam under the banner of preserving “Net Neutrality,” it is well worth re-reading as a stirring call against regulation:

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