Re: The growth of municipal broadband networks

2011-03-26 Thread Richard Bennett
The principle that kept telegraph and telephone apart wasn't a 
functional layering concept, it was a technology silos concept under 
which all communication networks were assumed to be indistinguishable 
from their one and only one application. If you read the Communications 
Act of 1934, you'll see this idea embodied in the titles of the act, 
each of which describes both a network and an application, as we 
understand the terms today. Wu wants to make law out of the OSI model, a 
very different enterprise than traditional telecom regulation.


On 3/25/2011 10:27 PM, Joly MacFie wrote:

aka the separation principle ( Tim Wu - the Master Switch)

What surprised me is that when I put his point to Richard R.John at the
Columbia Big media event back in Nov
http://isoc-ny.org/p2/?p=1563  - John totally agreed with it, citing the
precedent of the telegraph companies being locked out of the telephone
business back in the day.

  j


On Fri, Mar 25, 2011 at 10:52 PM, George Bonsergbon...@seven.com  wrote:


It is only in very recent times that we have been able to overlay
Internet on both cable and television, and to have television
competition via satellite.

In the old days the phone company didn't provide content.  You
called someone and the people at each end provided the content or the
data going over the network.  The phone company simply provided the
network.  I still believe the biggest mistake we made was breaking up
the Bell System.  We should have let them be, regulated the crap out of
them, and then said no, you can't get into the business of providing
content.  They system should have been left as a regulated public
utility.


To that end, I think the US would be much better off with fiber to the
home on a single distribution infrastructure.  That could be owned and
operated by the municipality (like the water system) or owned and
operated by a corporation granted an exclusive right to service an

area

(think telephone, at least pre CLEC).

Yup, bring back The Bell System.



Where you immediately run into a snag is the next layer up.  Should

the

government provide IP services, if the fiber is government owned?
Should private companies be required to offer competitors access to
provide IP services if the fiber is privately owned?

I would say they provide network access only, not content.  They would
be kept out of providing content and kept in the business of reliably
connecting content to consumer.  That would be their focus.


Having looked around the world I personally believe most communities
would be best served if the government provided layer-1 distribution,
possibly with some layer 2 switching, but then allowed any commercial
entity to come in and offer layer 3 services.

I don't.  What happens when the government then decides what content
is and is not allowed to go over their network?  If one had a site that
provided a view that the government didn't like, would they cut it off?
I want the government very strictly limited in what they can and cannot
do and I want them to have to go to an outside entity for things like
lawful intercept because it is another check on their power.  A private
entity might insist that there is a proper warrant or subpoena while the
government might simply decide to snoop first, get the paperwork later.
Keeping the network at arm's length from the government helps to make
sure there is another entity in the loop.


For simplicity of
argument I like people to envision the local government fiber agency
(like your water authority) dropping off a 1 port fiber 4 port copper
switch in your basement.

Big difference.  Water is not a good analogy.  The content in that
case is from a central source and everyone gets the same thing.  With
the network, you have people communicating back and forth and much of
that communications is private or expected to be private (say, a phone
call or a secure financial transaction).  If a private entity screws up,
it is much easier to fine them or fire the person responsible than it is
to punish a government department or fire a government worker.  Besides,
we really don't need yet more people on the government payroll.

Though I do agree that it is a natural monopoly.  It should be managed
by a regulated utility that is explicitly prohibited from providing the
content, only provide access through the network.








--
Richard Bennett




Re: The growth of municipal broadband networks

2011-03-26 Thread Joly MacFie
I take your point, the separation was of a different order. But a
separation, nonetheless. The motive is not so much different.

I think we can all accept that traditional telephone regulation is rapidly
losing its grip as the beast morphs. Now that applications outnumber
networks new problems require new solutions.

I've heard Allied Fiber's Hunter Newby argue convincingly that really it's
about separating Level 0 - the real estate, the wires and the head end
premises - from everything else, and facilitating sufficient open access to
guarantee healthy competition in services.

And yes, where there's a monopoly there will have to some price regulation.
At least that's traditional.

As we've seen in the UK, while it's not so much a stretch to impose even
higher level unbundling on the telcos, when it comes to the cable industry
it's going to be a very painful pulling of teeth.
http://www.telecomtv.com/comspace_newsDetail.aspx?n=46077id=e9381817-0593-417a-8639-c4c53e2a2a10

j



On Sat, Mar 26, 2011 at 2:01 AM, Richard Bennett rich...@bennett.comwrote:

 The principle that kept telegraph and telephone apart wasn't a functional
 layering concept, it was a technology silos concept under which all
 communication networks were assumed to be indistinguishable from their one
 and only one application. If you read the Communications Act of 1934, you'll
 see this idea embodied in the titles of the act, each of which describes
 both a network and an application, as we understand the terms today. Wu
 wants to make law out of the OSI model, a very different enterprise than
 traditional telecom regulation.


 On 3/25/2011 10:27 PM, Joly MacFie wrote:

 aka the separation principle ( Tim Wu - the Master Switch)

 What surprised me is that when I put his point to Richard R.John at the
 Columbia Big media event back in Nov
 http://isoc-ny.org/p2/?p=1563  - John totally agreed with it, citing
 the
 precedent of the telegraph companies being locked out of the telephone
 business back in the day.

  j


 On Fri, Mar 25, 2011 at 10:52 PM, George Bonsergbon...@seven.com
  wrote:

  It is only in very recent times that we have been able to overlay
 Internet on both cable and television, and to have television
 competition via satellite.

 In the old days the phone company didn't provide content.  You
 called someone and the people at each end provided the content or the
 data going over the network.  The phone company simply provided the
 network.  I still believe the biggest mistake we made was breaking up
 the Bell System.  We should have let them be, regulated the crap out of
 them, and then said no, you can't get into the business of providing
 content.  They system should have been left as a regulated public
 utility.

  To that end, I think the US would be much better off with fiber to the
 home on a single distribution infrastructure.  That could be owned and
 operated by the municipality (like the water system) or owned and
 operated by a corporation granted an exclusive right to service an

 area

 (think telephone, at least pre CLEC).

 Yup, bring back The Bell System.


  Where you immediately run into a snag is the next layer up.  Should

 the

 government provide IP services, if the fiber is government owned?
 Should private companies be required to offer competitors access to
 provide IP services if the fiber is privately owned?

 I would say they provide network access only, not content.  They would
 be kept out of providing content and kept in the business of reliably
 connecting content to consumer.  That would be their focus.

  Having looked around the world I personally believe most communities
 would be best served if the government provided layer-1 distribution,
 possibly with some layer 2 switching, but then allowed any commercial
 entity to come in and offer layer 3 services.

 I don't.  What happens when the government then decides what content
 is and is not allowed to go over their network?  If one had a site that
 provided a view that the government didn't like, would they cut it off?
 I want the government very strictly limited in what they can and cannot
 do and I want them to have to go to an outside entity for things like
 lawful intercept because it is another check on their power.  A private
 entity might insist that there is a proper warrant or subpoena while the
 government might simply decide to snoop first, get the paperwork later.
 Keeping the network at arm's length from the government helps to make
 sure there is another entity in the loop.

  For simplicity of
 argument I like people to envision the local government fiber agency
 (like your water authority) dropping off a 1 port fiber 4 port copper
 switch in your basement.

 Big difference.  Water is not a good analogy.  The content in that
 case is from a central source and everyone gets the same thing.  With
 the network, you have people communicating back and forth and much of
 that communications is private or expected to be 

Re: [v6z] The growth of municipal broadband networks

2011-03-26 Thread Scott Howard
On Fri, Mar 25, 2011 at 11:31 AM, Paul Graydon p...@paulgraydon.co.ukwrote:


 http://arstechnica.com/tech-policy/news/2011/03/133-us-cities-now-run-their-own-broadband-networks.ars

 Ars Technica has a short article up about the growth of municipal networks,
 but principally a nice little 'hey check out this website' (
 http://www.muninetworks.org/communitymap)

 The whole scenario around municipal broadband networks in a hopefully
 unbiased nutshell:  Increasing numbers cities and counties seem to be
 getting frustrated with what they see as the lack of progress in broadband
 speeds from their incumbent provider(s) (even after incumbent provider(s)
 have been approached requesting faster speeds) and are deciding to do it
 themselves.


Whilst that's certainly true for some areas, it's definitely not the case
for all of the areas marked on that map.

The only entry for the SF Bay area is San Bruno, where the municipal-owned
cable provider *is* the incumbent, and has been for the past 30 years. Not
only are they the incumbent, but they are also a monopoly who have blocked
competition, resulting in higher prices than in much of the rest of the bay
area.

  Scott
  (Happily no longer living in San Bruno)


Re: The growth of municipal broadband networks

2011-03-26 Thread Jay Ashworth
- Original Message -
 From: George Bonser gbon...@seven.com

 I would say they provide network access only, not content. They would
 be kept out of providing content and kept in the business of reliably
 connecting content to consumer. That would be their focus.

We aren't even suggesting that, George.  We're suggesting that they *provide
access to people who provide network access*; we (most of us, anyway) don't 
even think the muni's should provide IP routing.  They should provide
*connectivity* to people who do that.  And given how STBs work these days,
those wholesale customers could even be cablecos, in addition to telcos,
or IAPs.

Cheers,
-- jra



Re: Which internal WAN protocol?

2011-03-26 Thread Jay Ashworth
 Original Message -
 From: Mikael Abrahamsson swm...@swm.pp.se

 If you google for isp essentials the first hit is a pdf from 2003.
 It has a lot of best common practice for ISPs and I'd say all of it is
 still valid.

Just a reminder to all: this is no longer a valid citation methodology.

Given the amount to which Google customizes results these days (as Lauren
Weinstein pointed out the other day), you can't assume that anyone will
see the same google results as you, anymore -- at least not if one of you
has a google account (I never have, but between work using Wave, and my
buying a Thunderbolt this week, I'm now held at gunpoint...)

Cheers,
-- jra



Re: ICANN approves .XXX red-light district for the Internet

2011-03-26 Thread Eric Brunner-Williams

On 3/21/11 1:19 PM, Stefan Fouant wrote:


So the days of pointless TLDs are amongst us as we've now given would-be
registrars the right to print money and companies are forced to purchase
useless domain names in order to protect their trademarks, prevent
squatting, etc.  When will sanity prevail?


First, not all registrars assume the credit-card risk model, or pursue 
the defensive registration, or ad word markets.


Second, the advocates for no necessity or utility requirement, or some 
form of public interest test for would-be applicants, is far, far 
larger than the 20 to 40 registrars engaged in that advocacy agenda.


An analysis that does not start with the legacy monopoly registry 
operator, and continue to the operators of open (now standard) 
registries, is simply ill-informed or advocacy art, missing the 
Registry Stakeholders Group as a mostly unified[1] policy advocate.


An analysis that does not continue from these materially interested 
contracted parties and include domainers, and the ideologically 
committed parties, whether motivated by free trade, or thousand 
flowers, is also simply ill-informed or advocacy art, missing the Non 
Commercial Stakeholders Group as a policy advocate.


Third, an analysis that fails to observe that the Internet Service 
Providers Stakeholder Group has no policy agenda at ICANN is curious 
when offered in a network operator group. It might be reasonable when 
commenting on a recent development in the Law of the Sea (but see also 
bouys have bits), but slightly absurd when commenting on a recent 
development in the corporation acting as a registry of unique network 
identifiers, autonomous system numbers, and protocol parameters.


Finally, because pancakes are calling, the very complainants of 
squatting and defensive registration (the 1Q million-in-revenue every 
applicant for an open, now standard registry places in its 
bizplan), the Intellectual Property Stakeholder Group is also an 
advocate for trademark TLDs, arguing that possession of $fee and a 
registry platform contract (there is now a niche industry of boutique 
.brand operators-in-waiting) and a $bond establishes an absolute 
right to a label in the IANA root.


So, rather than memorizing the digits of Pi, for some later public 
recitation, one could start reciting brand names, for some later 
public recitation, for as long as there is a single unified root.


Have I managed to suggest that claims to sanity that are not exceeded 
by actual work are without foundation?


Eric

P.S. to Joel Jaeggli. You need to work harder. 20 bytes is less than 
sufficient to make any point usefully, and you missed .name/.pro, as 
well as the 2004 round .jobs/.travel as well as .asia/.tel, not as yet 
depurposed.


[1] Exception to the RySG no public interest advocacy are the few 
sponsored registries which were not covert open registries, and are 
not dependent upon open registry operators for registry services, viz. 
.cat, .coop, and .museum.




Re: The state-level attack on the SSL CA security model

2011-03-26 Thread Steven Bellovin

On Mar 26, 2011, at 12:21 12AM, Franck Martin wrote:

 
 
 On 3/26/11 15:36 , Joe Sniderman joseph.snider...@thoroquel.org wrote:
 
 On 03/25/2011 11:12 PM, Steven Bellovin wrote:
 
 On Mar 25, 2011, at 12:19 52PM, Akyol, Bora A wrote:
 
 One could argue that you could try something like the facebook
 model (or facebook itself). I can see it coming. Facebook web of
 trust app ;-)
 
 Except, of course, for the fact that people tend to have hundreds of
 friends, many of whom they don't know at all, and who achieved that
 status simply by asking.  You need a much stronger notion of
 interaction, to say nothing of what the malware in your friends'
 computers are doing to simulate such interaction.
 
 Then again there are all the friend us for a chance to win $prize
 gimmicks... not a far jump to friend us, _with trust bits enabled_ for
 a chance to win $prize
 
 Yeah sounds like a wonderful idea. :P
 
 Wasn't PGP based on a web of trust too?
 
Yes -- see Valdis' posting on that: 
http://mailman.nanog.org/pipermail/nanog/2011-March/034651.html


--Steve Bellovin, http://www.cs.columbia.edu/~smb








Re: The state-level attack on the SSL CA security model

2011-03-26 Thread Ariel Biener

On 25/03/2011 6:45 PM, valdis.kletni...@vt.edu wrote:

On Fri, 25 Mar 2011 09:19:52 PDT, Akyol, Bora A said:

One could argue that you could try something like the facebook model (or
facebook itself). I can see it coming.
Facebook web of trust app ;-)

Gee thanks.  I'm going to have nightmares for *weeks* now... :)

Based on the Facebook model:

1. Friends - people among whom are some I most probably never knew 
before, or some I

 would not even say hello to.
2. Trusted friends - people I actually say hello to

I think you'll need Highly trusted friends as a 3rd level :)

And that will hold for about 1 month, until people will start banging on 
your
inner circle virtual door, and soon enough your list of trusted and 
highly trusted

friends will start filling up.

What does trusted mean in this particular case ?  There is no one list 
of criteria for
being trust worthy, and some people are more trusting that others. How 
would trustworthyness
be measured anyhow ?  How many people signed your thing, who are also 
trustworthy themselves
(which means that their SIG was also signed by trustworthy people, see 
the vicious circle). And would
people from a certain part of the globe or certain countries be more 
trust worthy based on their
country trustworthyness, or maybe on their culture being more open and 
trusting ?


If this is to become some kind of global meaningful thing, it needs to 
be standardized, so it will
have the same meaning regardless of where this is applied, and it will 
have straightforward means

of measuring trust. Is there such a standard in place ?

Just for an example, we have in Israel a CA that is recognized by the 
government - they are allowed
to issue certificates used for signing documents - and signing with 
certs issued by this CA
is admissible in court under the electronic signatures law. The 
government has put up a certain
standard for what a CA needs to do in order to be recognized as 
trustworthy. Only one CA in Israel attained
this status. Does that mean they are trustworthy to you ?  I don't think 
so. So it can't be a local thing,
it needs to be a global thing, and the standard needs to be global and 
accepted as well.


--Ariel



Re: The growth of municipal broadband networks

2011-03-26 Thread Richard Bennett
   I think the motive for the traditional separation actually was
   completely different from the one for new separation. Silos had the
   effect of limiting competition for specific services, while the avowed
   goal of functional separation mandates is to increase competition.
   Opportunities for service competition between the telegraph and
   telephone networks were limited by technology in the first instance -
   you couldn't carry phone calls over the telegraph network anyway
   because it was a low bandwidth, steel wire system with telegraph office
   - to telegraph office topology - but you could carry telegrams over the
   phone network, but only if permitted by law.
   In a sense, ARPANET was telegraph network 2.0, and even used the same
   terminals initially. Paper tape-to-tape transfers became ftp, the
   telegram became email, and kids running paper messages around the
   office became routers switching packets.
   The layer 0 model has some merit, but has issues. In areas nobody wants
   to provide ISP services, and there is still a tendency toward market
   consolidation due to economies of scale in the service space.
   Facilities-based competition remains the most viable model in most
   places, as we're seeing in the UK where market structure resembles the
   US more than most want to admit: Their two biggest ISPs are BT and
   Virgin, the owners of the wire, and they have less fiber than we have
   in the US.
   Creating the conditions for network competition is a hard problem with
   no easy answers.
   RB
   On 3/25/2011 11:48 PM, Joly MacFie wrote:

 I take your point, the separation was of a different order. But a
 separation, nonetheless. The motive is not so much different.

   I think we can all accept that traditional telephone regulation is
   rapidly losing its grip as the beast morphs. Now that applications
   outnumber networks new problems require new solutions.

   I've heard Allied Fiber's Hunter Newby argue convincingly that really
   it's about separating Level 0 - the real estate, the wires and the head
   end premises - from everything else, and facilitating sufficient open
   access to guarantee healthy competition in services.

   And yes, where there's a monopoly there will have to some price
   regulation. At least that's traditional.
   As we've seen in the UK, while it's not so much a stretch to impose
   even higher level unbundling on the telcos, when it comes to the cable
   industry it's going to be a very painful pulling of teeth.
   [1]http://www.telecomtv.com/comspace_newsDetail.aspx?n=46077id=e938181
   7-0593-417a-8639-c4c53e2a2a10
   j
   On Sat, Mar 26, 2011 at 2:01 AM, Richard Bennett
   [2]rich...@bennett.com wrote:

 The principle that kept telegraph and telephone apart wasn't a
 functional layering concept, it was a technology silos concept
 under which all communication networks were assumed to be
 indistinguishable from their one and only one application. If you
 read the Communications Act of 1934, you'll see this idea embodied
 in the titles of the act, each of which describes both a network and
 an application, as we understand the terms today. Wu wants to make
 law out of the OSI model, a very different enterprise than
 traditional telecom regulation.

   On 3/25/2011 10:27 PM, Joly MacFie wrote:

 aka the separation principle ( Tim Wu - the Master Switch)
 What surprised me is that when I put his point to Richard R.John at
 the
 Columbia Big media event back in Nov
 [3]http://isoc-ny.org/p2/?p=1563  - John totally agreed with it,
 citing the
 precedent of the telegraph companies being locked out of the
 telephone
 business back in the day.
  j
 On Fri, Mar 25, 2011 at 10:52 PM, George
 Bonser[4]gbon...@seven.com  wrote:

 It is only in very recent times that we have been able to overlay
 Internet on both cable and television, and to have television
 competition via satellite.

 In the old days the phone company didn't provide content.  You
 called someone and the people at each end provided the content or
 the
 data going over the network.  The phone company simply provided the
 network.  I still believe the biggest mistake we made was breaking
 up
 the Bell System.  We should have let them be, regulated the crap out
 of
 them, and then said no, you can't get into the business of
 providing
 content.  They system should have been left as a regulated public
 utility.

 To that end, I think the US would be much better off with fiber to
 the
 home on a single distribution infrastructure.  That could be owned
 and
 operated by the municipality (like the water system) or owned and
 operated by a corporation granted an exclusive right to service an

 area

 (think telephone, at least pre CLEC).

 Yup, bring back The Bell System.

 Where you immediately 

Re: ICANN approves .XXX red-light district for the Internet

2011-03-26 Thread William Herrin
On Mon, Mar 21, 2011 at 1:19 PM, Stefan Fouant
sfou...@shortestpathfirst.net wrote:
 So the days of pointless TLDs are amongst us as we've now given would-be
 registrars the right to print money and companies are forced to purchase
 useless domain names in order to protect their trademarks, prevent
 squatting, etc.  When will sanity prevail?

If the creation of .xxx is a preliminary step in making the fact of
your web site only being accessible by a name ending in .xxx an
affirmative defense against a charge of allowing minors to access your
site then

a) it's not pointless, and
b) sanity is prevailing.

IF. But then, it has to start somewhere.

Regards,
Bill Herrin



-- 
William D. Herrin  her...@dirtside.com  b...@herrin.us
3005 Crane Dr. .. Web: http://bill.herrin.us/
Falls Church, VA 22042-3004



Re: The growth of municipal broadband networks

2011-03-26 Thread Joly MacFie
Again excellent points. And I agree, in the current UK model there appears
very little opportunity for independent ISPs to offer any significantly
improved service over the incumbent's own, and thereby grab market share.
It's all a matter of what else one can package with it - effectively the
separation principle anyway.

 Creating the conditions for network competition is a hard problem with no
easy answers.

Where there's a will there's a way. The big question, to some extent is, is
there the will?

One doesn't miss one's water etc. I was cheered to see in the recent
Canadian usage pricing fracas, Marc Garneau handing out buttons saying My
Internet Shouldn't Suck[1], and also to see Susan Crawford urging students
to take to the streets over the issue [2] before it's too late. But it's
going to take the equivalent of 10 Tahrir Squares to overcome the incumbent
clout and establishment inertia.

Meanwhile we are seeing widening pre-emptive strikes like N. Carolina. the
incumbents ride roughshod over everyone stating words to the effect - if we
can't gouge we won't build..

There surely still have to be answers, however tough - and some kind of
separation would seem to be an inescapable component.

I am no techie, but alternatively I imagine what could be practically
discussed is how much new technologies like cheap plastic fiber driving
little wi-fi chips, mesh etc, could give those communities that haven't
already been legislated out of the game an opportunity to economically and
successfully build their own connectivity. [3]

j

[1]
http://www.theglobeandmail.com/globe-investor/crtc-wont-include-retail-services-in-internet-price-hearing/article1938694/
[2] http://isoc-ny.org/p2/?p=1930 http://isoc-ny.org/p2/?p=1930
[3] I am in the process of organizing a panel to discuss same at the INET NY
on Jun 14, expressions of interest welcome
offlistj...@punkcast.com?subject=INET-NY
.

On Sat, Mar 26, 2011 at 4:28 PM, Richard Bennett rich...@bennett.comwrote:

  I think the motive for the traditional separation actually was completely
 different from the one for new separation. Silos had the effect of limiting
 competition for specific services, while the avowed goal of functional
 separation mandates is to increase competition.

 Opportunities for service competition between the telegraph and telephone
 networks were limited by technology in the first instance - you couldn't
 carry phone calls over the telegraph network anyway because it was a low
 bandwidth, steel wire system with telegraph office - to telegraph office
 topology - but you could carry telegrams over the phone network, but only if
 permitted by law.

 In a sense, ARPANET was telegraph network 2.0, and even used the same
 terminals initially. Paper tape-to-tape transfers became ftp, the telegram
 became email, and kids running paper messages around the office became
 routers switching packets.

 The layer 0 model has some merit, but has issues. In areas nobody wants to
 provide ISP services, and there is still a tendency toward market
 consolidation due to economies of scale in the service space.
 Facilities-based competition remains the most viable model in most places,
 as we're seeing in the UK where market structure resembles the US more than
 most want to admit: Their two biggest ISPs are BT and Virgin, the owners of
 the wire, and they have less fiber than we have in the US.

 Creating the conditions for network competition is a hard problem with no
 easy answers.

 RB

 On 3/25/2011 11:48 PM, Joly MacFie wrote:

 I take your point, the separation was of a different order. But a
 separation, nonetheless. The motive is not so much different.

  I think we can all accept that traditional telephone regulation is
 rapidly losing its grip as the beast morphs. Now that applications outnumber
 networks new problems require new solutions.

  I've heard Allied Fiber's Hunter Newby argue convincingly that really
 it's about separating Level 0 - the real estate, the wires and the head end
 premises - from everything else, and facilitating sufficient open access to
 guarantee healthy competition in services.

  And yes, where there's a monopoly there will have to some price
 regulation. At least that's traditional.

  As we've seen in the UK, while it's not so much a stretch to impose even
 higher level unbundling on the telcos, when it comes to the cable industry
 it's going to be a very painful pulling of teeth.

 http://www.telecomtv.com/comspace_newsDetail.aspx?n=46077id=e9381817-0593-417a-8639-c4c53e2a2a10

  j



 On Sat, Mar 26, 2011 at 2:01 AM, Richard Bennett rich...@bennett.comwrote:

 The principle that kept telegraph and telephone apart wasn't a functional
 layering concept, it was a technology silos concept under which all
 communication networks were assumed to be indistinguishable from their one
 and only one application. If you read the Communications Act of 1934, you'll
 see this idea embodied in the titles of the act, each of which 

Re: The growth of municipal broadband networks

2011-03-26 Thread Joly MacFie
 It's all a matter of what else one can package with it - effectively the
 separation principle anyway.


effectively negating  the separation principle anyway.
-- 
---
Joly MacFie  218 565 9365 Skype:punkcast
WWWhatsup NYC - http://wwwhatsup.com
 http://pinstand.com - http://punkcast.com
 VP (Admin) - ISOC-NY - http://isoc-ny.org
--
-


Re: ICANN approves .XXX red-light district for the Internet

2011-03-26 Thread John Levine
If the creation of .xxx is a preliminary step in making the fact of
your web site only being accessible by a name ending in .xxx an
affirmative defense against a charge of allowing minors to access your
site then

A charge of what?  ICM and .XXX are headquartered in Florida.  Could
you give some examples of the laws you're referring to, and cases
where people have been convicted under them?

R's,
John



Re: ICANN approves .XXX red-light district for the Internet

2011-03-26 Thread Scott Howard
On Sat, Mar 26, 2011 at 1:55 PM, William Herrin b...@herrin.us wrote:

 If the creation of .xxx is a preliminary step in making the fact of
 your web site only being accessible by a name ending in .xxx an
 affirmative defense against a charge of allowing minors to access your
 site then


But do you really believe playboy are going to give up playboy.com?  Or that
new websites are going to register an address that will result in their
website not being visible by 1/6th of the worlds population (
http://uk.ibtimes.com/articles/127009/20110325/india-blocks-xxx-domain.htm -
and we all know China and several other countries won't be far behind so
we're probably talking closer to half or more of the worlds population).

At first glance this might sounds like a good idea, but do you know any
*.travel or *.asia (etc) websites that don't also have the equivalent or
similar .com version?  Nobody uses these domains as their only domain, it's
just yet another one that they will register - and yet more money they need
to pay to the registries each year to protect their brand.

  Scott.


Re: ICANN approves .XXX red-light district for the Internet

2011-03-26 Thread William Herrin
On Sat, Mar 26, 2011 at 5:13 PM, John Levine jo...@iecc.com wrote:
If the creation of .xxx is a preliminary step in making the fact of
your web site only being accessible by a name ending in .xxx an
affirmative defense against a charge of allowing minors to access your
site then

 A charge of what?  ICM and .XXX are headquartered in Florida.  Could
 you give some examples of the laws you're referring to

US Code TITLE 18  PART I  CHAPTER 71  § 1470
http://www.law.cornell.edu/uscode/18/usc_sec_18_1470000-.html

, and cases
 where people have been convicted under them?

Regards,
Bill Herrin


-- 
William D. Herrin  her...@dirtside.com  b...@herrin.us
3005 Crane Dr. .. Web: http://bill.herrin.us/
Falls Church, VA 22042-3004



RE: ICANN approves .XXX red-light district for the Internet

2011-03-26 Thread George Bonser
 But do you really believe playboy are going to give up playboy.com?  

They aren't going to give up Playboy.com but they are probably going to
have to purchase playboy.xxx anyway.

What bothers me is that most companies are now going to be forced to
purchase .xxx domains simply to keep someone else from buying it and
sullying the company's image.  So it is an instant cash windfall for the
domain registrars.  

There was no reason why we needed this.  





Re: ICANN approves .XXX red-light district for the Internet

2011-03-26 Thread John R. Levine

US Code TITLE 18  PART I  CHAPTER 71  § 1470
http://www.law.cornell.edu/uscode/18/usc_sec_18_1470000-.html


That law includes the phrase knowing that such other individual has not 
attained the age of 16 years.  That's why porn sites have a home page 
that asks you how old you are.  As far as I can tell from looking for case 
law, all the 1470 cases are basically child molestation cases where the 
1470 count was piled on in addition to the real charges, unrelated to kids 
looking for porn sites.


So, in short, there's no problem for .XXX to solve.

Regards,
John Levine, jo...@iecc.com, Primary Perpetrator of The Internet for Dummies,
Please consider the environment before reading this e-mail. http://jl.ly

RE: ICANN approves .XXX red-light district for the Internet

2011-03-26 Thread Brandon Butterworth
 What bothers me is that most companies are now going to be forced to
 purchase .xxx domains simply to keep someone else from buying it

That's the norm for new tld and a part of the their owners business
plan. Probably most of their income given how little I see them used
directly.

 and sullying the company's image.

In this case which would sully our name more, registering bbc.xxx
ourselves or a 3rd party who is clearly not us once people see the
content?

brandon



Re: ICANN approves .XXX red-light district for the Internet

2011-03-26 Thread Eric Brunner-Williams

On 3/26/11 5:17 PM, Scott Howard wrote:
...

But do you really believe playboy are going to give up playboy.com?  Or that
new websites are going to register an address that will result in their
website not being visible by 1/6th of the worlds population (
http://uk.ibtimes.com/articles/127009/20110325/india-blocks-xxx-domain.htm -
and we all know China and several other countries won't be far behind so
we're probably talking closer to half or more of the worlds population).


Claim 1. That return on investment is proportional to population, 
overlooking the density of graphic displays, and bandwidth 
provisioning, which are probably not prudently overlooked from a 
bizplan perspective.


Google metrics give 72.4 million pages in Estonian, 86.9 million pages 
in Hebrew and 88.1 million pages in Greek, and 108 million pages in 
Hindi in the .com name space, suggesting that the natural traffic for 
existing .com Hindi language (422 million native speakers) properties 
is similar to that of Hebrew (7.6 million speakers, second language 
speakers included), or Greek (11.3 million native speakers) or 
Estonian (1.3 million speakers).


Overlooking differences in currency, disposable incomes, and cultural 
norms, which are probably not prudently overlooked from a bizplan 
perspective, a Hindi targeted .xxx enterprise is about as interesting 
as a Utah or Rhode Island targeted .xxx enterprise.


To put it gently, there is more money in the metro east, Atlanta to 
Boston, than in India, or China, or India and China, even if the 
respective governments wanted revenue shares not firewalls.




At first glance this might sounds like a good idea, but do you know any
*.travel or *.asia (etc) websites that don't also have the equivalent or
similar .com version?  Nobody uses these domains as their only domain, it's
just yet another one that they will register - and yet more money they need
to pay to the registries each year to protect their brand.



Claim 2. That domains that have no pre-existing, or simultaneous 
existence in .com form a set of measure zero (or something handwavy 
close to that when I'm not pretending to be a mathematician).


At present at least 50% of all .cat domains have no pre-existing, or 
simultaneous existence in .com or .es.


This form of claim is highly relevant to competition policy, as it may 
be considered a form of market power. In this form Verisign has 
market power relative to .travel/.asia, but has no market power 
relative to .cat. Therefore Verisign may exercise that market power 
over registrars selling Verisign's inventory, as well as Afilias' 
inventories, as well as .travel inventory.


Eric



Re: ICANN approves .XXX red-light district for the Internet

2011-03-26 Thread William Herrin
On Sat, Mar 26, 2011 at 5:43 PM, John R. Levine jo...@iecc.com wrote:
 US Code TITLE 18  PART I  CHAPTER 71  § 1470
 http://www.law.cornell.edu/uscode/18/usc_sec_18_1470000-.html

 That law includes the phrase knowing that such other individual has not
 attained the age of 16 years.  That's why porn sites have a home page that
 asks you how old you are.

In court, willful negligence is generally the same thing as knowing.


 As far as I can tell from looking for case law,
 all the 1470 cases are basically child molestation cases where the 1470
 count was piled on in addition to the real charges, unrelated to kids
 looking for porn sites.

It gets messy because obscenity hinges on local community standards.
But that's the rub -- as a porn purveyor  you can't know what the
community standards are in the user's community. Not many examples of
web sites being taken to task for web content, not yet, but lots of
examples of mail-order porn owners having a really bad year year,
legally speaking.


 So, in short, there's no problem for .XXX to solve.

Suppose, just for the sake of the argument, that a statute or
precedent came about to the effect that a community which permits
access to .xxx sites (by not censoring the DNS) implicitly accepts
that kind of thing isn't obscenity under local law. Further, suppose
its found that the individual in such communities circumventing the
technical safeguards in place to censor his access to .xxx is solely
liable for such access, that the porn purveyor is -presumed- to have a
reasonable belief that said individual's activity was lawful... merely
because they access the site using the .xxx extension.

Suppose, in other words, it comes to be that an internet porn purveyor
is protected from local community standards for obscenity so he need
only worry about staying away from stuff that's illegal in his own
back yard. Where the prosecution has to support a claim that the site
is accessible other than through the .xxx name in order to survive an
early motion to dismiss.

-Bill




-- 
William D. Herrin  her...@dirtside.com  b...@herrin.us
3005 Crane Dr. .. Web: http://bill.herrin.us/
Falls Church, VA 22042-3004



Re: ICANN approves .XXX red-light district for the Internet

2011-03-26 Thread John Levine
Suppose, just for the sake of the argument, that a statute or
precedent came about to the effect that a community which permits
access to .xxx sites (by not censoring the DNS) implicitly accepts
that kind of thing isn't obscenity under local law.

If we're doing counterfactuals, let's suppose that everyone in the
world thinks that .XXX is a great idea, and ICANN runs itself
efficiently on a budget of $1M/yr.

R's,
John



Re: ICANN approves .XXX red-light district for the Internet

2011-03-26 Thread Marshall Eubanks

On Mar 26, 2011, at 6:31 PM, John Levine wrote:

 Suppose, just for the sake of the argument, that a statute or
 precedent came about to the effect that a community which permits
 access to .xxx sites (by not censoring the DNS) implicitly accepts
 that kind of thing isn't obscenity under local law.
 
 If we're doing counterfactuals, let's suppose that everyone in the
 world thinks that .XXX is a great idea, and ICANN runs itself
 efficiently on a budget of $1M/yr.
 

For some reason the aerodynamics of pigs comes to mind here. Having pigs fly is 
just about as likely as having ambitious Southern prosecutors 
give up the ability to bring meaningless, but newsworthy, porn prosecutions, 
ICANN's new TLD or no. 

Regards
Marshall


 R's,
 John
 
 




Re: ICANN approves .XXX red-light district for the Internet

2011-03-26 Thread Eric Brunner-Williams

On 3/26/11 7:17 PM, Marshall Eubanks wrote:
...

For some reason the aerodynamics of pigs comes to mind here. Having pigs fly is
just about as likely as having ambitious Southern prosecutors
give up the ability to bring meaningless, but newsworthy, porn prosecutions, 
ICANN's new TLD or no.


ICM retained competent counsel for the ICANN issue advocacy. I expect 
Stuart will retain competent counsel for the follow-on issues.


Eric




Re: ICANN approves .XXX red-light district for the Internet

2011-03-26 Thread Marshall Eubanks

On Mar 26, 2011, at 5:28 PM, George Bonser wrote:

 But do you really believe playboy are going to give up playboy.com?  
 
 They aren't going to give up Playboy.com but they are probably going to
 have to purchase playboy.xxx anyway.
 
 What bothers me is that most companies are now going to be forced to
 purchase .xxx domains simply to keep someone else from buying it and
 sullying the company's image.  So it is an instant cash windfall for the
 domain registrars.  
 
 There was no reason why we needed this.  
 

But that is an excellent reason why someone would want it.

I was involved in the IETF NEWDOM WG way back in ~1996 and heard all of these 
arguments then. IMHO this was snake oil 15 years ago, and it is even
more snake oil now. 

Regards
Marshall

 
 
 




RE: ICANN approves .XXX red-light district for the Internet

2011-03-26 Thread Stefan Fouant
 -Original Message-
 From: Marshall Eubanks [mailto:t...@americafree.tv]
 Sent: Saturday, March 26, 2011 9:41 PM
 
 But that is an excellent reason why someone would want it.
 
 I was involved in the IETF NEWDOM WG way back in ~1996 and heard all of
 these arguments then. IMHO this was snake oil 15 years ago, and it is
 even
 more snake oil now.

And I'm afraid we'll be seeing a whole heckuva lot more of this snake oil
once ICANN finalizes the Generic TLD process in June:

http://www.pcmag.com/article2/0,2817,2382233,00.asp

Stefan Fouant





RE: ICANN approves .XXX red-light district for the Internet

2011-03-26 Thread Stefan Fouant
 -Original Message-
 From: Eric Brunner-Williams [mailto:brun...@nic-naa.net]
 Sent: Saturday, March 26, 2011 7:24 PM
 
 ICM retained competent counsel for the ICANN issue advocacy. I expect
 Stuart will retain competent counsel for the follow-on issues.

Yes, it is certain that Stuart will retain competent counsel for all
follow-on issues, I mean, the guy bragged to Bloomberg that ICM is set to
make at least $200 million a year through these registrations (believe me,
if I were in his position, I'd have the best lawyers money could buy).  That
doesn't even touch the $3-4 Billion in porn transactions ICM is hoping to
process and get a cut of once they launch their payment processing service. 

What changed ICANN's mind between the ruling in 2007 and the ruling in 2010?
ICM brings in an independent arbitrator and ICANN agrees to go along with
the findings, yet for the life of me I can't find any majority who believe
this was necessary.  The ACLU objects because of censorship issues.  Family
and religious groups oppose because they believe .xxx legitimizes porn.
Heck, even the porn industry itself opposes because it will increase
operating costs and open the industry to more regulation.

I can't seem to find anyone that would benefit from this, with the exception
of Stuart and ICM's shareholders. 

Stefan Fouant





Re: ICANN approves .XXX red-light district for the Internet

2011-03-26 Thread Eric Brunner-Williams
The determining question was did the application satisfy the 2004 
criteria?


The .cat application was the best application in the 2004 round, 
according to the evaluators, and the .xxx application was the next 
ranked application.


So the point in the 2004 cycle where .xxx could have been prevented, 
assuming for the sake of argument that one held that as a goal, was in 
the admission criteria for the 2004 round. Had that criteria been 
extended by an additional requirement such as the sponsor's mission 
must have been to provide a name space for a linguistic or cultural 
purpose, the .xxx application, however technically competent, would 
have failed under the 2004 admissions criteria.


Each time the issue has been before the Board, I've spoken to the 
issue -- the application met the stated criteria. There are no valid 
unstated criteria.


A related problem was the subject of a recent blog post, 
http://crookedtimber.org/2011/03/19/the-hollowing-out-of-icann-must-be-stopped/


There are very few at ICANN now who were involved in the 2004 round, 
let alone the 2000 round, and so little in the way of corporate memory 
exists.


Eric


On 3/26/11 10:30 PM, Stefan Fouant wrote:

-Original Message-
From: Eric Brunner-Williams [mailto:brun...@nic-naa.net]
Sent: Saturday, March 26, 2011 7:24 PM

ICM retained competent counsel for the ICANN issue advocacy. I expect
Stuart will retain competent counsel for the follow-on issues.


Yes, it is certain that Stuart will retain competent counsel for all
follow-on issues, I mean, the guy bragged to Bloomberg that ICM is set to
make at least $200 million a year through these registrations (believe me,
if I were in his position, I'd have the best lawyers money could buy).  That
doesn't even touch the $3-4 Billion in porn transactions ICM is hoping to
process and get a cut of once they launch their payment processing service.

What changed ICANN's mind between the ruling in 2007 and the ruling in 2010?
ICM brings in an independent arbitrator and ICANN agrees to go along with
the findings, yet for the life of me I can't find any majority who believe
this was necessary.  The ACLU objects because of censorship issues.  Family
and religious groups oppose because they believe .xxx legitimizes porn.
Heck, even the porn industry itself opposes because it will increase
operating costs and open the industry to more regulation.

I can't seem to find anyone that would benefit from this, with the exception
of Stuart and ICM's shareholders.

Stefan Fouant









Google security

2011-03-26 Thread Christopher Wolff
I have a client that acquired a domain name and affiliated company as a 
product of lengthy and extremely turbulent litigation.  The client 
believes (and I have found evidence to suggest) that the previous owner 
is somehow interfering or interacting with the new owner's Google 
Analytics/Webmaster Tools/Places/Adwords accounts.


Since I am representing the new owner, I am trying to find a forensics 
analyst or clueful contact at Google to act as an independent third 
party to 'certify' that in fact the previous owner is or is not 
interfering in the new owners Google Accounts.


I've followed the standard protocol, i.e., post your question in the 
Google forums and wait for a response.  To date the single response I've 
received is change your password which wasn't what I had in mind.  If 
that contact or independent third-party forensics expert exists, I'd 
greatly appreciate any advice you can provide.


Best regards,
Christopher



Re: ICANN approves .XXX red-light district for the Internet

2011-03-26 Thread Mans Nilsson
Subject: RE: ICANN approves .XXX red-light district for the Internet Date: Sat, 
Mar 26, 2011 at 10:07:08PM -0400 Quoting Stefan Fouant 
(sfou...@shortestpathfirst.net):
  From: Marshall Eubanks [mailto:t...@americafree.tv]

  even
  more snake oil now.
 
 And I'm afraid we'll be seeing a whole heckuva lot more of this snake oil
 once ICANN finalizes the Generic TLD process in June:

The only possible thing that could save anyone with a valuable
meatspace (tm) from having to buy its string representation in all the
new TLDen is to make TLDen ubiquitous to a degree where the TLD can't
be assumed anymore. 

A root zone with several thousand TLDen is no technical problem. I
wonder when the effect kicks in. If it does.

A positive side-effect would be to enable the altroot kooks to buy a
TLD (.altroot -- under which they can run their own mini-Internets) of
their own, which would disable some, if not all of them.

-- 
Måns Nilsson primary/secondary/besserwisser/machina
MN-1334-RIPE +46 705 989668
An Italian is COMBING his hair in suburban DES MOINES!


pgpoVJj6JXiNw.pgp
Description: PGP signature


Re: ICANN approves .XXX red-light district for the Internet

2011-03-26 Thread John Levine
What changed ICANN's mind between the ruling in 2007 and the ruling in 2010?

The growing certainty of an expensive and very embarassing lawsuit if
they turned ICM down.  Despite the clear lack of industry support for
.XXX, ICM carefully jumped through every hoop, dotted every i, and
crossed every t in the 2004 application process and the subsequent
appeal and review processes.  I expect the board and staff really
really would not want to have to answer questions under oath like who
did you talk to at the US Department of Commerce about the .XXX
application and what did you say? and why did you vote against .XXX
when they followed the same rules as the TLDs you voted for?

R's,
John



Re: Google security

2011-03-26 Thread Dobbins, Roland

On Mar 27, 2011, at 11:55 AM, Christopher Wolff wrote:

 To date the single response I've received is change your password which 
 wasn't what I had in mind. 

The thing to do is to ensure that your client's machines/networks aren't 
compromised, and then to change the password(s) from a known good machine on a 
known good network.  

Other than that, my guess is that retaining an attorney and working through the 
legal system is the only additional measure to take (IANAL, of course).

---
Roland Dobbins rdobb...@arbor.net // http://www.arbornetworks.com

The basis of optimism is sheer terror.

  -- Oscar Wilde




RE: ICANN approves .XXX red-light district for the Internet

2011-03-26 Thread Stefan Fouant
 -Original Message-
 From: John Levine [mailto:jo...@iecc.com]
 Sent: Sunday, March 27, 2011 12:57 AM
 
 The growing certainty of an expensive and very embarassing lawsuit if
 they turned ICM down.  Despite the clear lack of industry support for
 .XXX, ICM carefully jumped through every hoop, dotted every i, and
 crossed every t in the 2004 application process and the subsequent
 appeal and review processes.  I expect the board and staff really
 really would not want to have to answer questions under oath like who
 did you talk to at the US Department of Commerce about the .XXX
 application and what did you say? and why did you vote against .XXX
 when they followed the same rules as the TLDs you voted for?

Agreed.  And ICM made damn well sure that they had the ways and the means to 
wage a considerable and sustained amount of legal pressure by selling over a 
quarter million pre-registrations at $75 each, generating over $20M in 
revenue...

Stefan Fouant





Re: The growth of municipal broadband networks

2011-03-26 Thread Owen DeLong

On Mar 25, 2011, at 6:46 PM, Jay Ashworth wrote:

 - Original Message -
 From: Leo Bicknell bickn...@ufp.org
 
 Having looked around the world I personally believe most communities
 would be best served if the government provided layer-1 distribution,
 possibly with some layer 2 switching, but then allowed any commercial
 entity to come in and offer layer 3 services. For simplicity of
 argument I like people to envision the local government fiber agency
 (like your water authority) dropping off a 1 port fiber 4 port
 copper switch in your basement. On that device they can create a
 layer 2 VLAN/VPN/Tunnel from any of the copper ports to any provider
 in the town CO. You could buy video from one, voice from one, and
 internet from another, on three different ports. You could buy
 everything from one provider.
 
 +5
 
 Cheers,
 -- jra

+more

Owen