- KICTANet - KICTANet

ICANN publishes DNS Attack Factsheet
by A. Wanjira Munyua 09 Mar '07

09 Mar '07

ICANN's published a very good summary of the February 6 attack on the > root server system. > > <http://www.icann.org/announcements/announcement-08mar07.htm> > > "ICANN has today released a factsheet concerning the recent attack on > the root server system on 6 February 2007. The factsheet is intended > to provide an explanation of the attack for a non-technical audience > in the hope of enlarging public understanding surrounding this and > related issues. > > Aside from covering the attack itself and the engineers' response to > it, the factsheet also briefly reviews the root server system, the > domain name system, Anycast technology, and what can be done in order > to deal with such attacks in future. > > It is hoped that the factsheet will be the first in a series, with > ICANN's general manager of public participation, Kieren McCarthy, > acting as series editor. Future factsheets hope to follow a similar > approach of providing clear and topical non-technical information > about various aspects of the Internet in which ICANN is involved. > > We welcome whatever feedback the community may have, plus suggestions > for future factsheets. Please post any comments you have on the > related blog post. This factsheet is released under a Creative > Commons licence." > > Good to see creative commons license being used, help spread the word. > Blog post here <http://blog.icann.org/?p=37 > > Factsheet in PDF > <http://www.icann.org/announcements/factsheet-dns-attack-08mar07.pdf> > > > I imagine Kieren McCarthy would like to hear from people what he > should be covering next. And any comments on the factsheet itself. > > Adam > > _______________________________________________ > ALAC mailing list > ALAC(a)atlarge-lists.icann.org > http://atlarge-lists.icann.org/mailman/listinfo/alac_atlarge-lists.icann.org > > www.alac.icann.org > www.icannalac.org

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Microsoft�s Ballmer rekindles Linux patent fears
by Alex Gakuru 09 Mar '07

09 Mar '07

Sparks fly less than a month after Microsoft and Novell signed partnership By John Fontana, Network World, 11/21/06 For the second time in two years, Microsoft CEO Steve Ballmer last week played the patent infringement card against Linux and again set off a round of negative speculation and vendor clarifications..... As part of the deal between Microsoft and Novell, the pair is making payments to each other not to assert patent claims. Novell is paying $40 million to Microsoft in exchange for the latter company's pledge not to sue SUSE Linux users over possible patent violations, and Microsoft is paying Novell $108 million for a similar agreement that says Novell wont sue Microsoft users.... Experts have speculated the Microsoft-Novell deal was, in part, a swipe at Linux leader Red Hat and that Ballmers recent comments over intellectual property were in that vein. I guess that could be the rationale, but is Red Hat that much of threat to stoop to this level? said Ovum Summits Davis. http://www.linuxworld.com/news/2006/112106-ballmer-linux.html?page=1 ----- /end test message/ --------------------------------- Food fight? Enjoy some healthy debate in the Yahoo! Answers Food & Drink Q&A.

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attack on root server
by Rebecca Wanjiku 09 Mar '07

09 Mar '07

ICANN's summary of the February 6 attack on the > root server system. > > <http://www.icann.org/announcements/announcement-08mar07.htm> > > "ICANN has today released a factsheet concerning the recent attack on > the root server system on 6 February 2007. The factsheet is intended > to provide an explanation of the attack for a non-technical audience > in the hope of enlarging public understanding surrounding this and > related issues. > > Aside from covering the attack itself and the engineers' response to > it, the factsheet also briefly reviews the root server system, the > domain name system, Anycast technology, and what can be done in order > to deal with such attacks in future. > > It is hoped that the factsheet will be the first in a series, with > ICANN's general manager of public participation, Kieren McCarthy, > acting as series editor. Future factsheets hope to follow a similar > approach of providing clear and topical non-technical information > about various aspects of the Internet in which ICANN is involved. > > We welcome whatever feedback the community may have, plus suggestions > for future factsheets. Please post any comments you have on the > related blog post. This factsheet is released under a Creative > Commons licence." ____________________________________________________________________________________ Don't get soaked. Take a quick peek at the forecast with the Yahoo! Search weather shortcut. http://tools.search.yahoo.com/shortcuts/#loc_weather

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OFC final report
by Rebecca Wanjiku 09 Mar '07

09 Mar '07

here is the OFC final report. i have attached a copy and given the executive summary below, hope it will make good reading and background info.... Executive Summary The East African Coast remains the only seabed that is yet to be covered by International Submarine Optical Fiber Cable (OFC) Connectivity. With over three prospective Submarine Optical Cables in the offing, East Africans are standing at the threshold of new opportunities and are expecting better and more affordable communication services that OFCs have provided in other parts of the globe. But the question remains which model of OFC provisioning, will bring about meaningful and sustainable Socio-economic gains for the majority of citizens in East Africa and its environs? The Online Discussion explored this question by investigating the existing models for providing OFC and evaluating how each model would impact on the Key Stakeholders. The Key Stakeholders identified included the Regulator, the Consumers, the Government, the Development Financial Institutions (DFIs), the Private Operators and Investors. Efforts were made to understand each Stakeholders objectives with a view to ensuring that a model that can closely balanced out most of the conflicting interests could be arrived at. The generic models of Consortium, Open-Access and Privately provisioned OFC were discussed and their requirements and the impacts they (would) have on the various stakeholders were elicited. The role of the Regulator with regard to protecting Consumer interests in whichever of the above models were particularly emphasised and considered fundamental. The Open-Access principles were preferred irrespective of the OFC provisioning methods adopted especially with respect to allowing market-rate access both to existing and future Data Operators. With regard to ownership and financing of the OFC, it was felt that a mixture of Public, Private and DFIs sources of capital maybe the most efficient. In such a case, the owners would then constitute a body (Special Purpose Vehicle, SPV) to operate and maintain the OFC in the interest of the stakeholders. On the other hand, there was also the other alternative that placed less or no emphasis on the construction and ownership of the International OFC. Instead, it suggested that more emphasis should be placed towards developing a comprehensive and national (domestic) OFC. A comprehensive and active domestic infrastructure, coupled with local content would be expected attract Internet Backbone Providers (IBPs) wishing to tap into this new source of domestic traffic. Such Operators would therefore construct and extend their own OFC into the region at their own cost - as long as the local (domestic) Operators can guarantee to purchase an economic capacity of International bandwidth from the IBPs at market rates. Both the Online discussions as well as the Face-to-Face workshop provided a rich source of information that is hoped will provide valuable input in shaping the Policy and Regulatory direction regarding the provisioning of this critical submarine cable that would finally conquer the last frontier the East African Coast. Rebecca Wanjiku, journalist, p.o box 33515, Nairobi.00600 Kenya. Tel. 254 720 318 925 blog:http://beckyit.blogspot.com/ ____________________________________________________________________________________ Never miss an email again! Yahoo! Toolbar alerts you the instant new Mail arrives. http://tools.search.yahoo.com/toolbar/features/mail/

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[Fibre-for-africa] Invigorating debate on EASSy and other fibre
by A. Wanjira Munyua 09 Mar '07

09 Mar '07

Dear Listers, > > A short note here to draw your attention to some of the new resources that > have recently been uploaded on the Fibre for Africa website > (www.fibreforafrica.net) which provides information about international > bandwidth in Africa, its costs and the existence of monopoly access to it: > > 1) Question and Answer Interview with Dr Edmund Katiti, Policy and > regulatory Advisor for the NEPAD eAfrica Commission. He speaks about the > plans for forming the Special Purpose Vehicle to develop, own, operate, > and maintain the regional ICT broadband network for Eastern and Southern > Africa; moves toward engaging consultants to attract shareholders in the > network; and how the Commission views cables being planned by countries > such as Kenya and South Africa. > 2) Question and Answer Interview with Mr Edmond Nyakairu, chairman of the > finance committee of the EASSy Memorandum of Understanding signatories: On > the operators current feelings about the NEPAD eAfrica Commission; on the > Commissions continued use of the name EASSy; the impact which building > EASSy would have on proposed Kenyan and South African cables; on whether > EASSy makes commercial sense; and the way forward in delivering cheaper > and more accessible bandwidth to east and southern Africa. > 3) Article on the cables planned for the East Coast of Africa: This > resource lists the various initiatives to build cables that are parallel > to EASSy and questions whether this will not render EASSy less competitive > or even unviable. But how viable will these cables themselves be, and are > they planning on embracing Open Access principles? > 4) Paper on Enabling Open Access through Universal Access: This paper > makes the case for Open Access Infrastructure in addressing Africas > connectivity headaches; it examines flaws that are common in some of the > connectivity (including Universal Access) programmes on the continent; and > concludes that regional infrastructure undertakings like EASSy require > Universal Access to be correctly implemented and to address demand in > order for Open Access principles to prevail. > > EASSy appears to be at crossroads, with operators and the Commission > maintaining major disagreements. It is not clear when the champagne > bottles will be popped for its ground-breaking ceremony, or even who the > investors in it will be. The clock is ticking. Debate on what needs to be > done to secure a win-win situation not just for the NEPAD and the > telcos but importantly as well for the users who endure slow service at > exorbitant prices, needs to be sustained at this time. > > Wakabi > > > > ============== > Wairagala Wakabi > Research Associate > CIPESA > Plot 22 Bukoto Street, Kamwokya > P.O Box 26970 Kampala, Uganda > Tel. +256 41 531899 > Cell: +256 772 406 241 > Email: wakabi(a)cipesa.org > www.cipesa.org > > _______________________________________________ > Fibre-for-africa mailing list > Fibre-for-africa(a)lists.apc.org > http://lists.apc.org/cgi-bin/mailman/listinfo/fibre-for-africa

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My Evening in Jail (O.K, next to Jail)
by John Walubengo 08 Mar '07

08 Mar '07

O.K, before the moderator tells me to take this conversation off the list - I wish to promise that it will end with an IT twist... Yesterday evening, I was stopped by the Traffic Police at Madaraka Roundabout (next to Strath University). As a law abiding citizen, I stopped and without being asked, I opened the boot, stepped out and handed over my Driving Licence. After 5minutes (eternity for me!) I realised that the young police officer was struggling with his torch trying to shine the lamp on my annual renewal licences. I moved closer and he seemed happy to have discoverd and even happier to confirm that I had FORGED it (what???). He was alleging that it expired last year and since I was the clever-one, i simply extended the year by overwriting the original deadline and replacing it with next year (i.e from 2006 to 2008 expiry date) I tried to say indeed the overwriting was truly there, but it must have been done by the KRA (Kenya Revenue Officials, they are human and can make mistakes) but he was adamant that I must visit their Police station and be checked in. I tried to say that if I had committed a traffic offence , I would have expected that he would write me a ticket/summons? to appear in court sometime later in the week and stand accused awaiting defence/judgement/penalty..(lawyers could correct me on that). Later on he agreed that he will write the Summons from the Poice Station and so we drove to the nearest police station for this summons to be written. We reached there (Nyayo Stadium Police Station) and he asked me to sit right next to the Cells (which were full of some very mean looking 'Matheri' type of characters). After 5min, he came back to say that his Boss, the Officer in Charge of the Station is not in and so I have to be locked in until tomorrow morning, when he will come and write me the summons (hallooo??- next to THOSE guys?). To cut down the story, my wife new someone, who knew some Senior cop, whom she called and he eventually gave instructions to have me released - on Condition that I apologise for the offense (O.K. now what had I done again?). Here is the IT angle - isn't it time their website www.kenyapolice.go.ke gave the Citizens the correct position regarding Police Procedures for Civil/Criminal offence? I mean I never knew a traffic offence could earn you 1-night accomodation with General Ali's (the Police Commissioner) guests. Further more, when are those so called Tamper-proof Driving Licences going to hit the market? walu. nb: the overwriting was explained to me by KRA this morning - they say that it often happens and all they do is to double-stamp the affected license which they actually done- but I never knew the implication of that double-stamp. Am sure the young Police Officer had seen the double-stamping but was not in a hurry to educate me - he preferred to drag me to next to his cells for whatever (you are allowed to speculate) reasons. ____________________________________________________________________________________ Get your own web address. Have a HUGE year through Yahoo! Small Business. http://smallbusiness.yahoo.com/domains/?p=BESTDEAL

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Fw: [COMO Alliance] Media and Religion
by Florence Etta 08 Mar '07

08 Mar '07

Sorry for cross posting! The Communication and Media Research Institute has great pleasure in announcing the publication of the latest issue of our Open Access Journal Westminster Papers in Communication and Culture. Volume 4 Number 1 is dedicated to the them Media and Religion. You can access this issue and back numbers without charge at: http://www.wmin.ac.uk/mad/page-880. Alternatively, you can click on the links below for direct access to the articles. MEDIA AND RELIGION Anthony McNicholas Editorial Michael Bailey `He Who Has Ears to Hear, Let Him Hear: Christian Pedagogy and Religious Broadcasting During the Inter-War Period Diego Contreras Coverage of Complex Theoretical Content. The Case of Dominus Iesus Timothy J. White Catholicism and Nationalism in Ireland: From Fusion in the 19th Century to Separation in the 21st Century Dominica Dipio Religion in Nigerian Home Video Films Erica Baffelli Mass Media and Religion in Japan: Mediating the Leaders Image Book Reviews Maria Way Religion and Film: An Introduction Religion in a Changing Europe: Between Pluralism and Fundamentalism _______________________________________________ COMO_Alliance mailing list COMO_Alliance(a)lists.asc.upenn.edu http://lists.asc.upenn.edu/mailman/listinfo/como_alliance ___________________________________________________________ Now you can scan emails quickly with a reading pane. Get the new Yahoo! Mail. http://uk.docs.yahoo.com/nowyoucan.html

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AfriNIC Meeting: Abuja, Nigeria 23rd April-4 May 2007
by A. Wanjira Munyua 08 Mar '07

08 Mar '07

Dear Colleagues The next AfriNIC Meeting will be held in Abuja, Nigeria from 23rd April to 4 May 2007, together with AfNOG, INET Africa, AfTLD and AFREN meetings. It is an open forum to discuss issues related to internet number resource management within the AfriNIC service region. This meeting will also host a regional IPv6 conference where network operators will share their experiences on IPv6 deployment. We are looking for presentations and tutorials of relevance from anyone. Tutorials are usually 2 to 4 hour workshops, while presentations may last between 10 and 30 minutes. Presentations / Tutorials may cover the following topics: - IPv6 deployment - Routing Best Practice/Address Space Prefix Filtering - Reverse DNS implemenation - DNSec - Fighting Spam We would like to have as many practical, hands-on presentations as possible and they do not have to be long. Policy proposals are also usually discussed at the meeting, but must pass through the appropriate phases of the Policy Development Process (please see http://www.afrinic.net/pdp.htm) If you would like to make a presentation or tutorial, please send your proposal to meeting(a)afrinic.net Your proposal should contain the following information: - Full Name - Email Address - Affiliation - Short biography - Title of Talk - A detailed abstract or outline describing the presentation - Draft slides for the presentation (if ready/available) - Length of talk (minutes/hours/days) - Need (or not) for sponsorship or assistance to attend the meeting (travel and/or accommodation, etc) The audience at AfriNIC meetings is mainly composed of technical network operators and engineers with a wide range of experience levels from beginners to several years of experience. Presentations that contain any sort of marketing and commercial content are usually not encouraged at such meetings. Best Regards Hisham R. Rojoa Membership Liaison & Communications Officer AfriNIC

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internet news, research papers - international
by Rebecca Wanjiku 07 Mar '07

07 Mar '07

makes good bachground material/.....incase of interest... The rise of technology addiction http://news.bbc.co.uk/2/hi/programmes/click_online/6411495.stm Mobile Content Usage is Higher in Developing Countries http://clickz.com/stats/sectors/wireless/article.php/3625143 *************** RESEARCH PAPERS *************** Mobile Commerce consumer issues and policy challenges for a promising market (OECD) Mobile commerce is a promising market both for consumers and businesses. However, consumer troubles and complaints are increasing and can sometimes become serious, including issues for minors. Member countries experiences show that we should ensure that consumers benefit. In particular, countries may review their instruments with regard to a more effective scheme for information disclosure, liability protection over SIM and RFID cards, effective notice to excessive consumption, and the importance of consumer education. Businesses may also consider more effective consumer protection schemes. http://www.oecd.org/dataoecd/22/52/38077227.pdf The 'agreement' that sparked a storm At a recent legal presentation attended by prominent intellectual property lawyers and law professors, a loaded question was posed to the audience: "By a show of hands and be honest, now how many of you read the terms and conditions presented in an end-user license agreement?" Of the nearly 100 people in the auditorium, not a single hand was raised. Shocking? Only if such an admission is unexpected. It really isn't. http://www.abanet.org/buslaw/blt/2007-01-02/kahana.shtml The Net Neutrality Debate: Twenty Five Years After United States v. AT&T and 120 Years After the Act to Regulate Commerce by BRUCE OWEN (Stanford Law and Economics Oline Working Paper) Abstract: Net neutrality policies could only be implemented through detailed price regulation, an approach that has often failed, in the past, to improve consumer welfare relative to what might have been expected under an unregulated monopoly. Regulatory agencies often settle into a well-established pattern of subservience to politically influential economic interests. Consumers, would-be entrants and innovators are not likely to be among these influential groups. History thus counsels against adoption of most versions of net neutrality, at least in the absence of refractory monopoly power and strong evidence of anticompetitive behavior - extreme cases justifying dangerous, long shot remedies. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=963623 Helping Hands: Design for Member-Maintained Online Communities This thesis studies the design of member-maintained online communities, systems where many members help perform upkeep. A key design challenge is motivating members to contribute toward maintenance. Social science theories help to explain why people contribute to groups. We use these theories to design two general mechanisms for increasing peoples motivation to contribute. http://www-users.cs.umn.edu/~cosley/thesis/final.pdf Where Antitrust Ends and IP Begins by Katarzyna A. Czapracka (Yale Journal of Law and Technology) U.S. antitrust enforcers see little scope for antitrust policy to mitigate the consequences of imperfect IP policies. They are reluctant to intervene in what is perceived to be the sphere of IP policy and take the view that any competitive concerns are better remedied by changes in the IP policy. This trend corresponds with shielding antitrust policy away from fields occupied by other forms of regulation. Exactly the opposite tendencies are present in EU competition law. Both the European Commission and the ECJ seem to see a role for competition law to correct improvidently defined IPRs, even if it entails adjusting competition principles. It may seem reasonable, as unlike competition policy, most issues relating to IP policy within the European Union are still decided at the national level. Yet, there is an inherent danger in this approach. It may lead antitrust authorities to adopt analytically questionable approaches that undermine the coherence of antitrust law. Competition agencies must be particularly cautious in adopting the measures to curb IP laws, as they may discourage private R&D investment. The views of the Commission on application of Article 82 to interoperability information, as expressed in the Microsoft Decision and the Article 82 Paper, confirm that these reservations are valid. http://research.yale.edu/lawmeme/yjolt/files/20062007Issue/fall06-czapracka… The Race Robert Kuttner learns that newspapers have a bright future as print-digital hybrids after all-- but they'd better hurry. http://cjr.org/issues/2007/2/Kuttner.asp Does information beget information? by Dennis S. Karjala (Duke L. & Tech. Rev) Using the language of mathematics, Professor Polk Wagner has recently argued that the impossibility of fully appropriating the value of information in a rightsholder leads to the surprising conclusion that expanding the degree of control of intellectual property rights will, in the long run, increase the sum total of information not subject to ownership claims and therefore available as part of the cultural and technological base on which new growth and development can occur. Indeed, he claims that open information will grow according to the formula for compound interest, where the interest rate is 100% plus or minus a factor z supposedly related to creation incentives. This article demonstrates that Professor Wagner's mathematical analysis is simply wrong and does not lead to any of the conclusions he reaches concerning the growth of open information. It also shows both the difficulties and the dangers of the lay use of the language of mathematics in resolving complex social problems even if one does the math correctly. http://www.law.duke.edu/journals/dltr/articles/2007dltr0001.html Internet 3.0: Identifying Problems and Solutions to the Network Neutrality Debate by ROB FRIEDEN (Pennsylvania State University) This paper examines the network neutrality debate with an eye toward refuting and dismissing the many false and misleading claims and concentrating on the real problems occasioned by the Internet's third evolution. The paper accepts as necessary and proper many types of price and quality of service discrimination. However the paper identifies other types of hidden and harmful discrimination. The paper concludes with an identification of best practices in good discrimination that should satisfy most network neutrality goals without creating disincentives that might dissuade ISPs from building the infrastructure needed for Internet 3.0 services. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=962181 The Internet and the Project of Communications Law by SUSAN P. CRAWFORD (Cardozo Law School) Abstract: The internet offers the potential for economic growth stemming from online human communications, but recent industry and government actions have disfavored these possibilities by treating the internet like a content-delivery supply chain. I recommend that the internet be at the center of communications policy and that laws affecting internet access be evaluated in terms of whether they further U.S. economic growth by facilitating increased emergent online diversity. The article criticizes the nearly exclusive focus of communications policy on the private economic success of infrastructure and application providers, and suggests that communications policy be focused on facilitating communications themselves. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=962594 Internet Think by SUSAN P. CRAWFORD (Journal on Telecommunications and High Technology Law) Abstract: This essay suggests that how "the internet" is understood has substantial legal, social, and cultural consequences. Beginning in the 1940s, Netheads adopted an understanding of man-computer symbiosis that continues to be attractive to internet futurists. Later on, in the 1970s, Engineers addressed the architectural needs of the future in a concrete way, seeking to interconnect diverse networks. In recent years, the Telcos have increasingly taken the position that "the Internet" is no more than the sum of their privately-owned pipes and wires. These three different approaches to "the Internet" are now informing a complex and important public policy debate about "network neutrality." http://papers.ssrn.com/sol3/papers.cfm?abstract_id=962596 Rebooting Cybertort Law by MICHAEL L. RUSTAD & THOMAS KOENIG (Washington Law Review) Abstract: Cyberspace provides an ideal legal environment for tortfeasors and online criminals because Internet Service Providers (ISPs) have no duty to mitigate harms caused by ongoing torts, crimes, and infringing acts. Courts have stretched Congress's express language in Section 230 of the Communications Decency Act from the narrow purpose of immunizing ISPs as publishers to the expanded purpose of shielding them from all tort liability. This Article proposes imposing a limited duty of crae on ISPs to remove or block ongoing tortious activities on their srvices when they have been given actual notice. This reform will harmonize American ISP liability law with the European union's Electronic Commerce Directive, which imposes an affirmative duty on ISPs to take down objectionable materials. It also will unify U.S. law by creating procedures consistent with the takedown policy mandated by the Digital Copyright Act. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=961885 Authors v. Archivers: The Copyright Infringement Battle Over Web Pages by KINARI PATEL Abstract: Archiving Internet content by storing old versions of Web pages is currently a growing trend because of the educational, cultural, and evidentiary value it provides. Google and the Internet Archive are two examples of Internet archives that provide this service. However, by storing old versions of Web pages without first obtaining the permission of authors, Internet archives infringe on the copyrights of authors. Under the fair use exception to copyright infringement, Internet archives may be legally authorized to archive old versions of Web pages without first obtaining the permission of authors in certain situations. However, this paper argues that, in all cases, the burden should be placed on authors to notify Internet archives that they wish for their Web pages to be excluded from the archive, rather than placing the burden on Internet archives to contact authors before they archive Web pages. By not overburdening Internet archives, the current opt-out policy is more advantageous than an opt-in policy because it allows Internet archives to continue to provide the benefits of archiving old Web pages to the public. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=965199 Corporate Complicity in Internet Censorship in China: Who Cares for the Global Compact or the Global Online Freedom Act? by SURYA DEVA (George Washington International Law Review) This article critically evaluates the efficacy of two regulatory initiatives - the UN Global Compact and the US Global Online Freedom Act - in dealing with the specific challenges posed by doing business with or within China. In considering how much promise these two initiatives offer in ensuring that corporations take their human rights responsibilities seriously, two specific claims are advanced. First, that the Global Compact has failed not only in convincing US corporations to embrace, support and enact its ten principles, but also in ensuring that participant corporations seriously fulfill their undertaken commitments. Such a US-specific inquiry is especially relevant because many MNCs that have been sued for human rights abuses have a presence in the US. The second claim is that although home state extraterritorial regulation is a potential option to tame MNCs' abusive activities, it is unlikely that the Freedom Act, even if enacted, will achieve its goal of promoting Internet freedom globally by combating censorship by authoritarian foreign governments. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=964478 The Structure of Search Engine Law by JAMES GRIMMELMANN (Yale Law School Information Society Project) Abstract: This article will provide a road map to the legal issues posed by Internet search engines. It will indicate what questions we must consider when thinking about search engines, and it will detail the interconnections among those questions. It will not endorse any particular normative framework for search. Nor will it recommend who should regulate search. Instead, it will provide the necessary foundation for informed decision-making, by whatever regulator and whatever its normative approach. Part I will explain how modern search engines function and describe the business environment within which they operate. Part II, the heart of the article, will present a descriptive analysis of the legal struggles over search, showing how questions of search policy, many of which have long been latent in different fields of Internet law, are increasingly confronting lawyers, courts, and regulators. Part III will then show, with five examples, how taking a broad view of search yields otherwise unavailable insights into pressing controversies. This is not to say that the end result must be a body of search-specific law, only to note that failing to consider the larger forces at work in search is antithetical to sensible policy-making. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=963118 Internet Jurisdiction: A Comparative Analysis (Harvard Law Review) The difficult jurisdictional issues raised by the Internet have captured significant attention, prompting one federal judge to comment that, [t]o paraphrase Gertrude Stein, as far as the Internet is concerned, not only is there perhaps no there there, the there is everywhere where there is Internet access. This lack of clear borders creates tension between different interests. The media desire certainty regarding when online content creates a basis for personal jurisdiction so that they can avoid defamation lawsuits in distant places. Sovereign nations want to ensure that the ubiquitous nature of the Internet does not undermine their ability to enforce substantive laws balancing speech and reputation rights. This Parts comparison of U.S. and Commonwealth cases reveals differing approaches to determining when to exercise jurisdiction over media defendants based on Internet content. U.S. courts have adopted a targeting test that requires purposefully directing activity at a forum as opposed to merely providing content accessible there. Courts in Commonwealth countries, including Australia, the United Kingdom, and Canada, have based jurisdiction on foreseeability, exercising jurisdiction over any online media content that could harm a plaintiffs reputation in the forum. Although these inconsistent jurisdictional tests are a matter of procedure, they stem from different substantive laws and from Commonwealth courts underlying unfriendliness to U.S. free speech protections. Media defendants have argued for special jurisdictional rules applicable to the Internet alone; however, any such call for reform must recognize that the procedural divergence results from entrenched substantive differences. Thus, this Part argues that absent an international agreement harmonizing the jurisdictional analysis, courts are not likely to adopt special Internet rules, and media groups will instead be compelled to turn to technological solutions. http://www.harvardlawreview.org/issues/120/feb07/DEVO/DEVO_intro07.pdf *********** CENSORSHIP *********** au: Industry closes anti-coal website THE mining industry has used copyright laws to close an anti-mining website launched by a small protest group in Newcastle. http://www.smh.com.au/articles/2007/03/04/1172943275688.html Egypt's bloggers test state media control (Reuters) Egyptian bloggers have come into the spotlight, on the one hand as an important forum for political debate, on the other as the target of government attempts to limit their freedom of expression. http://uk.reuters.com/article/internetNews/idUKL2870055620070304 Movement to free Kareem looks to UN We've learned all too well by now that many parts of the globe won't tolerate any perceived insult to Islam, however unintentional. Invite cartoonists to draw Muhammad, as Danish newspaper Jyllands-Posten did in 2005, or be one of the dozens of other publications that reprinted the caricatures in solidarity with Jyllands-Posten, and watch the death threats pour in and lethal rioting start as some Muslim organizations try to get the government to levy criminal charges. http://hamiltonspectator.com/NASApp/cs/ContentServer?pagename=hamilton/Layo… Egyptian Blogger Appeals Prison Sentence (AP) Lawyers filed an appeal Monday on behalf of a blogger who was sentenced to four years in prison for insulting Islam and Egypt's president. http://www.washingtonpost.com/wp-dyn/content/article/2007/02/27/AR200702270… *************** DIGITAL DIVIDE *************** ca: The Digital Divide: Is There A Solution? Definition of the Digital Divide: The difference in opportunities available to people who have access to modern information technology and those who do not. Traditionally the working poor and homeless have been at a big disadvantage by not having access to the latest technology available. The disadvantages are many. Lack of access to information and being less competitive in the job market are two of the most significant. http://blogcritics.org/archives/2007/03/04/064418.php ie: ComReg report reveals a growing digital divide The latest Trends Series survey, which was conducted by Amarach Consulting during November and December 2006, indicates that 45 percent of home internet users now have broadband subscriptions. This compares to 48 percent of home internet users who still access the web via dial-up. http://www.enn.ie/frontpage/news-9943682.html FastWeb founder turns his attention to Internet television and video-on-demand In seven and a half years, Silvio Scaglia transformed FastWeb from a start-up with a plan to bring fiber-optic cables into houses from Milan to Palermo into a company with 1.3 billion in annual sales and 1.1 million clients. http://iht.com/articles/2007/03/04/business/nettv05.php ***** VoIP ***** us: FCC: Local telephone carriers must connect to VOIP The U.S. Federal Communications Commission has ruled that incumbent local exchange carriers must connect to VoIP services, overruling two state public service commission opinions. http://infoworld.com/article/07/03/02/HNlocalphonevoip_1.html ********************************** ____________________________________________________________________________________ Be a PS3 game guru. Get your game face on with the latest PS3 news and previews at Yahoo! Games. http://videogames.yahoo.com/platform?platform=120121

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EASSy: What's in a Name?
by A. Wanjira Munyua 07 Mar '07

07 Mar '07

----- Original Message ----- From: "Wairagala Wakabi" <wakabi(a)cipesa.org> To: "APC - Private list for use by EASSY Workshop Participants" <fibre-for-africa(a)lists.apc.org> Sent: Monday, March 05, 2007 3:28 PM Subject: [Fibre-for-africa] EASSy: What's in a Name? > Here are the views of CIPESA Senior Policy Associate Anthony Mugeere on > the reported renaming of EASSy. He wonders whether change of name would > achieve anything but that. > -- > > EASSy re-naming is not an EASY option > > By Anthony Mugeere > > So what, as renowned playwright William Shakespeare once asked, is in a > name? Does a rose (flower) by any another name still smell the same? > > The recent pronouncement by South Africas communications minister, > Matsepe-Casaburri that the East African Submarine Cable System (EASSy) had > been renamed the NEPAD Broadband Infrastructure Network (NBIN) was as > astounding as her assertion, during the same function, that the original > model developed for the cable is not what international financial > institutions such as the World Bank would have liked. This was in direct > reference to the closed access model, believed to be widely favoured by > the consortium telecom operators who conceived the EASSy project way back > in 1992. > > Whereas the merits and demerits of closed access have been widely debated > by all and sundry, the assertion gives further credence to what some > analysts have for long asked: What really does the World Bank stand for? > In the early 1990s, the Washington-based financial institution pushed for > the liberalisation and privatisation of the telecom sub-sector in almost > all African countries - with resounding success. By so doing, the World > Bank wanted governments to get out of utility services such as > telecommunications so that the profit-driven and often more efficient > private sector takes centre stage. Countries like Uganda, that implemented > the structural adjustment policies are now role models of accepting the > closed access model of telecom growth and are reaping big dividends. So > has the World Bank changed its thinking on liberalisation when it supports > NEPADa representative of regional governments? That however, is another > story. > > Todays story is entirely about the change of name by NEPAD. On the > outlook, there is nothing to write home about. It is just a change of > name, period! Two glaring facts are however very clear about the > development: First, NEPAD is now the regional initiative that is > implementing the once much-publicised EASSy project. Secondly, that EASSy > thing as it was once labelled by a member of the NEPAD e-Africa > Commission is just a component of what NEPAD is doing now. The > Pretoria-based commission is currently working implementing the overall > broadband infrastructure network. > > Whereas the implementation of the project is only awaiting signing and > ratification of the protocol and perhaps the announcement of the new > landing point for the second undersea cable, the renaming of the project > further shows that the founding fathers of the EASSy cable are being > relegated to a less fancied position in the decision making hierarchy. > Although NEPAD has, on several occasions, denied claims by some consortium > members that it hijacked their thing, the renaming of the project would > lend more sympathy to the club members in the cause than to the regional > body. The situation is akin to constructing a houses internal water and > sewerage systemcomplete with high-density pipes - without working on the > outside system that connects it to the municipality or national grid. > > When will NEPAD, given the bureaucratic protocol issues, pull off the > broadband project all the way from South Africa through Botswana, > Zimbabwe, Zambia, Malawi, Uganda to Kigali as explained by the > communications minister? Wont individual countries like Uganda who are in > the process of laying their own backbone infrastructure complete theirs > and tap onto the Kenyan link and trigger a tapping wave from its > neighbours especially Rwanda and Burundi? Wont private investors, who > have already smelt a business opportunity cash in on the situation to tap > on the Kenya line to do closed access business before NEPAD opens up its > network? > > NEPAD needs to ponder these and more questions as it embarks on > implementing the regions eagerly awaited infrastructure project. Having > re-named the baby, it is not wise to throw out young EASSys bed just yet. > Implementing the EASSy project, as first conceived in 2002 would have > delivered immediate relief to those in urgent need of affordable bandwidth > and reliable connectivity than implementing a massive broadband project, > subject to bureaucratic and funding bottlenecks under a new name. The > equation is simple: If it sounds like EASSy, it should be easy. Wrapping > rose flowers to be delivered as a Valentines Day gift to your spouse or > lover with inscriptions reading, accept these bougainvillea flowers does > not, in any way negate the fact that they are rose flowers. But then, when > have EASSy matters ever been easy? > -- > > Wakabi > > ============== > Wairagala Wakabi > Research Associate > CIPESA > Plot 22 Bukoto Street, Kamwokya > P.O Box 26970 Kampala, Uganda > Tel. +256 41 531899 > Cell: +256 772 406 241 > Email: wakabi(a)cipesa.org > www.cipesa.org > _______________________________________________ > Fibre-for-africa mailing list > Fibre-for-africa(a)lists.apc.org > http://lists.apc.org/cgi-bin/mailman/listinfo/fibre-for-africa

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