Slide 1

Openness and the Internet:
A Study in Internet Policy

Elliot Maxwell
World Bank
November 20, 2002

Copyright © Elliot E. Maxwell 2002

Openness






A central characteristic of the Internet
Anyone can connect to anyone and anything
Definition of openness differs in various domains
What is the preferable level of openness in each domain?

Certain Aspects of Openness








Open standards
Open source software
Open access to networks
Open spectrum
Open availability of information
Open governance

Open Standards





Internet built on open standards: TCP/IP, HTML, HTTP
Interoperability — critical to Internet growth
Open standards developed through the Internet Engineering Task
Force's open processes
IETF test — does the standard run code on disparate devices?

End to End Design Principle




Intelligence at the edge of the network
No centralized control of applications or information
Best efforts to move bits toward their destination

Challenges to Open Standards







Role of proprietary or patented software included in open
standards — what are the licensing requirements?
Extension of open standards into proprietary standards
Non-open processes for developing standards
Impact of differing corporate strategies on standards’ development
Adding functionality to the core of the network to enhance
particular applications, e.g., streaming media
Filters, firewalls, set-top boxes...

Open Source Software




Internet runs on open source software: Sendmail/Apache/BIND
Definitions of “open source” differ, although all provide access to
source code
Advantages
–



Inexpensive, flexible, customizable, extended development
community, efficient feedback loop, decreased switching costs

Disadvantages
–

Lack of documentation and support, no mechanism for prioritizing
development

Challenges to Open Source Software






Business model
Intellectual property rights and incentives for development
Security
Role of governments

Open Access to Networks




Regulations driven by fear of monopolists leveraging their power
into adjacent markets
Promotes competition in ISPs, video delivery, and content
Lessons from the wireline, cable and wireless markets
–
–
–

Regulation of common carriers provides a model
Superior business model reduced opposition by cable operators
DoCoMo unlocks the "walled garden" in wireless

Challenges to Open Access to Networks







Leverage remains tempting
Content-conduit split?
Voluntary open access avoids difficult regulatory issues
Will open access survive deregulation of wireline broadband
services?
Continued existence of non-discrimination requirements?

Open Spectrum


Evolution of spectrum management from “command and control”
–
–
–



From analog to digital
Economic value of spectrum recognized via auctions
From dumb receivers to smart radios

The Rise of the Junk bands
–
–
–

–

Growth in unlicensed devices (licensed by compliance)
Interoperability
Hotbed of innovation — 802.11x
New source of wireless broadband Internet access

Open Spectrum (cont’d)


From spectrum scarcity to spectrum abundance
–
–



Dedicated spectrum vs. opportunistic spectrum
Unlicensed bands

Synthetic spectrum
–
–
–
–

–

Adaptive (software-defined) radios
Ultrawideband
Underlays
Digital communications techniques
More users creating more bandwidth?

Challenges to Open Spectrum








Interference
Expanding the unlicensed bands
Developing “rules of the road” and enforcing them
Business model
Relationship with licensees of dedicated spectrum — will the past
rule the future?
Privatization of the spectrum
–
–

Trespass vs. underlay rights
Can privatization and the “commons” coexist?

Open Availability of Information — Intellectual
Property Rules


Rights in conflict
–
–

Limited monopolies to spur creation
Rights of users






First Sale doctrine
Fair Use
Innovation — we’re standing “on the shoulders of giants”

Digital goods and the Internet threaten the status quo
–
–
–

Copies are not degraded
Virtually free copying and distribution
Peer to peer

Open Availability of Information — Intellectual
Property Rules (cont’d)


The Digital Millennium Copyright Act (DMCA)
–
–
–



Recognizes rights in digital content
Criminalizes anti-circumvention
Impact on Fair Use and First Sale doctrines, security research

Digital rights management (DRM)
–
–

Non-printable e-books, exploding CDs, limited utility media
Government action invoked




Hollings — all digital media to include government-designated DRM
Berman — self–help authorized against peer to peer networks
Broadcast flag and analog hole

Open Availability of Information — Issues Regarding
Intellectual Property








What is the appropriate balance among rights of creators, rights
holders, users? How can DRM (technology) and user rights (law)
coexist?
Access vs. publication?
Who bears responsibility for protection and enforcement?
Role of consumer education, technology, law?
Impact on general computing model?
Impact on innovation?

Open Availability of Information —
"Harmful" Information


Many different views of what is harmful
–
–



Information that affects security
–



Web-based maps of hazardous materials’ diffusion patterns

Spam
–



Pornography, hate speech, sedition
Gambling, selling prescription drugs online

Whitelists

Who should control content?
–
–
–

Individuals
Intermediaries
Governments

Open Governance


Rise of extraterritoriality
–
–



Government interest increases as Internet's importance increases
–
–



Governments “have no sovereignty where we gather”
“Borderless” Internet becoming “bordered” Internet, regulated by
“borderless” laws
Maintaining control in the world of atoms
Protecting and promoting own values and legal system

Possible responses
–
–
–
–
–

Harmonization
Treaties
Interoperability
Digital IDs
Private governance

Open Governance (cont’d)


Private Governance
–
–
–
–



Multilateral
Government delegation — Council of Europe
Self-regulation/co-regulation — GBDe, TRUSTe
Code

Legitimacy gap
–
–

–

Representativeness
Transparency
Accountability

For Further Information

Elliot E. Maxwell
[email protected]


Slide 2

Openness and the Internet:
A Study in Internet Policy

Elliot Maxwell
World Bank
November 20, 2002

Copyright © Elliot E. Maxwell 2002

Openness






A central characteristic of the Internet
Anyone can connect to anyone and anything
Definition of openness differs in various domains
What is the preferable level of openness in each domain?

Certain Aspects of Openness








Open standards
Open source software
Open access to networks
Open spectrum
Open availability of information
Open governance

Open Standards





Internet built on open standards: TCP/IP, HTML, HTTP
Interoperability — critical to Internet growth
Open standards developed through the Internet Engineering Task
Force's open processes
IETF test — does the standard run code on disparate devices?

End to End Design Principle




Intelligence at the edge of the network
No centralized control of applications or information
Best efforts to move bits toward their destination

Challenges to Open Standards







Role of proprietary or patented software included in open
standards — what are the licensing requirements?
Extension of open standards into proprietary standards
Non-open processes for developing standards
Impact of differing corporate strategies on standards’ development
Adding functionality to the core of the network to enhance
particular applications, e.g., streaming media
Filters, firewalls, set-top boxes...

Open Source Software




Internet runs on open source software: Sendmail/Apache/BIND
Definitions of “open source” differ, although all provide access to
source code
Advantages
–



Inexpensive, flexible, customizable, extended development
community, efficient feedback loop, decreased switching costs

Disadvantages
–

Lack of documentation and support, no mechanism for prioritizing
development

Challenges to Open Source Software






Business model
Intellectual property rights and incentives for development
Security
Role of governments

Open Access to Networks




Regulations driven by fear of monopolists leveraging their power
into adjacent markets
Promotes competition in ISPs, video delivery, and content
Lessons from the wireline, cable and wireless markets
–
–
–

Regulation of common carriers provides a model
Superior business model reduced opposition by cable operators
DoCoMo unlocks the "walled garden" in wireless

Challenges to Open Access to Networks







Leverage remains tempting
Content-conduit split?
Voluntary open access avoids difficult regulatory issues
Will open access survive deregulation of wireline broadband
services?
Continued existence of non-discrimination requirements?

Open Spectrum


Evolution of spectrum management from “command and control”
–
–
–



From analog to digital
Economic value of spectrum recognized via auctions
From dumb receivers to smart radios

The Rise of the Junk bands
–
–
–

–

Growth in unlicensed devices (licensed by compliance)
Interoperability
Hotbed of innovation — 802.11x
New source of wireless broadband Internet access

Open Spectrum (cont’d)


From spectrum scarcity to spectrum abundance
–
–



Dedicated spectrum vs. opportunistic spectrum
Unlicensed bands

Synthetic spectrum
–
–
–
–

–

Adaptive (software-defined) radios
Ultrawideband
Underlays
Digital communications techniques
More users creating more bandwidth?

Challenges to Open Spectrum








Interference
Expanding the unlicensed bands
Developing “rules of the road” and enforcing them
Business model
Relationship with licensees of dedicated spectrum — will the past
rule the future?
Privatization of the spectrum
–
–

Trespass vs. underlay rights
Can privatization and the “commons” coexist?

Open Availability of Information — Intellectual
Property Rules


Rights in conflict
–
–

Limited monopolies to spur creation
Rights of users






First Sale doctrine
Fair Use
Innovation — we’re standing “on the shoulders of giants”

Digital goods and the Internet threaten the status quo
–
–
–

Copies are not degraded
Virtually free copying and distribution
Peer to peer

Open Availability of Information — Intellectual
Property Rules (cont’d)


The Digital Millennium Copyright Act (DMCA)
–
–
–



Recognizes rights in digital content
Criminalizes anti-circumvention
Impact on Fair Use and First Sale doctrines, security research

Digital rights management (DRM)
–
–

Non-printable e-books, exploding CDs, limited utility media
Government action invoked




Hollings — all digital media to include government-designated DRM
Berman — self–help authorized against peer to peer networks
Broadcast flag and analog hole

Open Availability of Information — Issues Regarding
Intellectual Property








What is the appropriate balance among rights of creators, rights
holders, users? How can DRM (technology) and user rights (law)
coexist?
Access vs. publication?
Who bears responsibility for protection and enforcement?
Role of consumer education, technology, law?
Impact on general computing model?
Impact on innovation?

Open Availability of Information —
"Harmful" Information


Many different views of what is harmful
–
–



Information that affects security
–



Web-based maps of hazardous materials’ diffusion patterns

Spam
–



Pornography, hate speech, sedition
Gambling, selling prescription drugs online

Whitelists

Who should control content?
–
–
–

Individuals
Intermediaries
Governments

Open Governance


Rise of extraterritoriality
–
–



Government interest increases as Internet's importance increases
–
–



Governments “have no sovereignty where we gather”
“Borderless” Internet becoming “bordered” Internet, regulated by
“borderless” laws
Maintaining control in the world of atoms
Protecting and promoting own values and legal system

Possible responses
–
–
–
–
–

Harmonization
Treaties
Interoperability
Digital IDs
Private governance

Open Governance (cont’d)


Private Governance
–
–
–
–



Multilateral
Government delegation — Council of Europe
Self-regulation/co-regulation — GBDe, TRUSTe
Code

Legitimacy gap
–
–

–

Representativeness
Transparency
Accountability

For Further Information

Elliot E. Maxwell
[email protected]


Slide 3

Openness and the Internet:
A Study in Internet Policy

Elliot Maxwell
World Bank
November 20, 2002

Copyright © Elliot E. Maxwell 2002

Openness






A central characteristic of the Internet
Anyone can connect to anyone and anything
Definition of openness differs in various domains
What is the preferable level of openness in each domain?

Certain Aspects of Openness








Open standards
Open source software
Open access to networks
Open spectrum
Open availability of information
Open governance

Open Standards





Internet built on open standards: TCP/IP, HTML, HTTP
Interoperability — critical to Internet growth
Open standards developed through the Internet Engineering Task
Force's open processes
IETF test — does the standard run code on disparate devices?

End to End Design Principle




Intelligence at the edge of the network
No centralized control of applications or information
Best efforts to move bits toward their destination

Challenges to Open Standards







Role of proprietary or patented software included in open
standards — what are the licensing requirements?
Extension of open standards into proprietary standards
Non-open processes for developing standards
Impact of differing corporate strategies on standards’ development
Adding functionality to the core of the network to enhance
particular applications, e.g., streaming media
Filters, firewalls, set-top boxes...

Open Source Software




Internet runs on open source software: Sendmail/Apache/BIND
Definitions of “open source” differ, although all provide access to
source code
Advantages
–



Inexpensive, flexible, customizable, extended development
community, efficient feedback loop, decreased switching costs

Disadvantages
–

Lack of documentation and support, no mechanism for prioritizing
development

Challenges to Open Source Software






Business model
Intellectual property rights and incentives for development
Security
Role of governments

Open Access to Networks




Regulations driven by fear of monopolists leveraging their power
into adjacent markets
Promotes competition in ISPs, video delivery, and content
Lessons from the wireline, cable and wireless markets
–
–
–

Regulation of common carriers provides a model
Superior business model reduced opposition by cable operators
DoCoMo unlocks the "walled garden" in wireless

Challenges to Open Access to Networks







Leverage remains tempting
Content-conduit split?
Voluntary open access avoids difficult regulatory issues
Will open access survive deregulation of wireline broadband
services?
Continued existence of non-discrimination requirements?

Open Spectrum


Evolution of spectrum management from “command and control”
–
–
–



From analog to digital
Economic value of spectrum recognized via auctions
From dumb receivers to smart radios

The Rise of the Junk bands
–
–
–

–

Growth in unlicensed devices (licensed by compliance)
Interoperability
Hotbed of innovation — 802.11x
New source of wireless broadband Internet access

Open Spectrum (cont’d)


From spectrum scarcity to spectrum abundance
–
–



Dedicated spectrum vs. opportunistic spectrum
Unlicensed bands

Synthetic spectrum
–
–
–
–

–

Adaptive (software-defined) radios
Ultrawideband
Underlays
Digital communications techniques
More users creating more bandwidth?

Challenges to Open Spectrum








Interference
Expanding the unlicensed bands
Developing “rules of the road” and enforcing them
Business model
Relationship with licensees of dedicated spectrum — will the past
rule the future?
Privatization of the spectrum
–
–

Trespass vs. underlay rights
Can privatization and the “commons” coexist?

Open Availability of Information — Intellectual
Property Rules


Rights in conflict
–
–

Limited monopolies to spur creation
Rights of users






First Sale doctrine
Fair Use
Innovation — we’re standing “on the shoulders of giants”

Digital goods and the Internet threaten the status quo
–
–
–

Copies are not degraded
Virtually free copying and distribution
Peer to peer

Open Availability of Information — Intellectual
Property Rules (cont’d)


The Digital Millennium Copyright Act (DMCA)
–
–
–



Recognizes rights in digital content
Criminalizes anti-circumvention
Impact on Fair Use and First Sale doctrines, security research

Digital rights management (DRM)
–
–

Non-printable e-books, exploding CDs, limited utility media
Government action invoked




Hollings — all digital media to include government-designated DRM
Berman — self–help authorized against peer to peer networks
Broadcast flag and analog hole

Open Availability of Information — Issues Regarding
Intellectual Property








What is the appropriate balance among rights of creators, rights
holders, users? How can DRM (technology) and user rights (law)
coexist?
Access vs. publication?
Who bears responsibility for protection and enforcement?
Role of consumer education, technology, law?
Impact on general computing model?
Impact on innovation?

Open Availability of Information —
"Harmful" Information


Many different views of what is harmful
–
–



Information that affects security
–



Web-based maps of hazardous materials’ diffusion patterns

Spam
–



Pornography, hate speech, sedition
Gambling, selling prescription drugs online

Whitelists

Who should control content?
–
–
–

Individuals
Intermediaries
Governments

Open Governance


Rise of extraterritoriality
–
–



Government interest increases as Internet's importance increases
–
–



Governments “have no sovereignty where we gather”
“Borderless” Internet becoming “bordered” Internet, regulated by
“borderless” laws
Maintaining control in the world of atoms
Protecting and promoting own values and legal system

Possible responses
–
–
–
–
–

Harmonization
Treaties
Interoperability
Digital IDs
Private governance

Open Governance (cont’d)


Private Governance
–
–
–
–



Multilateral
Government delegation — Council of Europe
Self-regulation/co-regulation — GBDe, TRUSTe
Code

Legitimacy gap
–
–

–

Representativeness
Transparency
Accountability

For Further Information

Elliot E. Maxwell
[email protected]


Slide 4

Openness and the Internet:
A Study in Internet Policy

Elliot Maxwell
World Bank
November 20, 2002

Copyright © Elliot E. Maxwell 2002

Openness






A central characteristic of the Internet
Anyone can connect to anyone and anything
Definition of openness differs in various domains
What is the preferable level of openness in each domain?

Certain Aspects of Openness








Open standards
Open source software
Open access to networks
Open spectrum
Open availability of information
Open governance

Open Standards





Internet built on open standards: TCP/IP, HTML, HTTP
Interoperability — critical to Internet growth
Open standards developed through the Internet Engineering Task
Force's open processes
IETF test — does the standard run code on disparate devices?

End to End Design Principle




Intelligence at the edge of the network
No centralized control of applications or information
Best efforts to move bits toward their destination

Challenges to Open Standards







Role of proprietary or patented software included in open
standards — what are the licensing requirements?
Extension of open standards into proprietary standards
Non-open processes for developing standards
Impact of differing corporate strategies on standards’ development
Adding functionality to the core of the network to enhance
particular applications, e.g., streaming media
Filters, firewalls, set-top boxes...

Open Source Software




Internet runs on open source software: Sendmail/Apache/BIND
Definitions of “open source” differ, although all provide access to
source code
Advantages
–



Inexpensive, flexible, customizable, extended development
community, efficient feedback loop, decreased switching costs

Disadvantages
–

Lack of documentation and support, no mechanism for prioritizing
development

Challenges to Open Source Software






Business model
Intellectual property rights and incentives for development
Security
Role of governments

Open Access to Networks




Regulations driven by fear of monopolists leveraging their power
into adjacent markets
Promotes competition in ISPs, video delivery, and content
Lessons from the wireline, cable and wireless markets
–
–
–

Regulation of common carriers provides a model
Superior business model reduced opposition by cable operators
DoCoMo unlocks the "walled garden" in wireless

Challenges to Open Access to Networks







Leverage remains tempting
Content-conduit split?
Voluntary open access avoids difficult regulatory issues
Will open access survive deregulation of wireline broadband
services?
Continued existence of non-discrimination requirements?

Open Spectrum


Evolution of spectrum management from “command and control”
–
–
–



From analog to digital
Economic value of spectrum recognized via auctions
From dumb receivers to smart radios

The Rise of the Junk bands
–
–
–

–

Growth in unlicensed devices (licensed by compliance)
Interoperability
Hotbed of innovation — 802.11x
New source of wireless broadband Internet access

Open Spectrum (cont’d)


From spectrum scarcity to spectrum abundance
–
–



Dedicated spectrum vs. opportunistic spectrum
Unlicensed bands

Synthetic spectrum
–
–
–
–

–

Adaptive (software-defined) radios
Ultrawideband
Underlays
Digital communications techniques
More users creating more bandwidth?

Challenges to Open Spectrum








Interference
Expanding the unlicensed bands
Developing “rules of the road” and enforcing them
Business model
Relationship with licensees of dedicated spectrum — will the past
rule the future?
Privatization of the spectrum
–
–

Trespass vs. underlay rights
Can privatization and the “commons” coexist?

Open Availability of Information — Intellectual
Property Rules


Rights in conflict
–
–

Limited monopolies to spur creation
Rights of users






First Sale doctrine
Fair Use
Innovation — we’re standing “on the shoulders of giants”

Digital goods and the Internet threaten the status quo
–
–
–

Copies are not degraded
Virtually free copying and distribution
Peer to peer

Open Availability of Information — Intellectual
Property Rules (cont’d)


The Digital Millennium Copyright Act (DMCA)
–
–
–



Recognizes rights in digital content
Criminalizes anti-circumvention
Impact on Fair Use and First Sale doctrines, security research

Digital rights management (DRM)
–
–

Non-printable e-books, exploding CDs, limited utility media
Government action invoked




Hollings — all digital media to include government-designated DRM
Berman — self–help authorized against peer to peer networks
Broadcast flag and analog hole

Open Availability of Information — Issues Regarding
Intellectual Property








What is the appropriate balance among rights of creators, rights
holders, users? How can DRM (technology) and user rights (law)
coexist?
Access vs. publication?
Who bears responsibility for protection and enforcement?
Role of consumer education, technology, law?
Impact on general computing model?
Impact on innovation?

Open Availability of Information —
"Harmful" Information


Many different views of what is harmful
–
–



Information that affects security
–



Web-based maps of hazardous materials’ diffusion patterns

Spam
–



Pornography, hate speech, sedition
Gambling, selling prescription drugs online

Whitelists

Who should control content?
–
–
–

Individuals
Intermediaries
Governments

Open Governance


Rise of extraterritoriality
–
–



Government interest increases as Internet's importance increases
–
–



Governments “have no sovereignty where we gather”
“Borderless” Internet becoming “bordered” Internet, regulated by
“borderless” laws
Maintaining control in the world of atoms
Protecting and promoting own values and legal system

Possible responses
–
–
–
–
–

Harmonization
Treaties
Interoperability
Digital IDs
Private governance

Open Governance (cont’d)


Private Governance
–
–
–
–



Multilateral
Government delegation — Council of Europe
Self-regulation/co-regulation — GBDe, TRUSTe
Code

Legitimacy gap
–
–

–

Representativeness
Transparency
Accountability

For Further Information

Elliot E. Maxwell
[email protected]


Slide 5

Openness and the Internet:
A Study in Internet Policy

Elliot Maxwell
World Bank
November 20, 2002

Copyright © Elliot E. Maxwell 2002

Openness






A central characteristic of the Internet
Anyone can connect to anyone and anything
Definition of openness differs in various domains
What is the preferable level of openness in each domain?

Certain Aspects of Openness








Open standards
Open source software
Open access to networks
Open spectrum
Open availability of information
Open governance

Open Standards





Internet built on open standards: TCP/IP, HTML, HTTP
Interoperability — critical to Internet growth
Open standards developed through the Internet Engineering Task
Force's open processes
IETF test — does the standard run code on disparate devices?

End to End Design Principle




Intelligence at the edge of the network
No centralized control of applications or information
Best efforts to move bits toward their destination

Challenges to Open Standards







Role of proprietary or patented software included in open
standards — what are the licensing requirements?
Extension of open standards into proprietary standards
Non-open processes for developing standards
Impact of differing corporate strategies on standards’ development
Adding functionality to the core of the network to enhance
particular applications, e.g., streaming media
Filters, firewalls, set-top boxes...

Open Source Software




Internet runs on open source software: Sendmail/Apache/BIND
Definitions of “open source” differ, although all provide access to
source code
Advantages
–



Inexpensive, flexible, customizable, extended development
community, efficient feedback loop, decreased switching costs

Disadvantages
–

Lack of documentation and support, no mechanism for prioritizing
development

Challenges to Open Source Software






Business model
Intellectual property rights and incentives for development
Security
Role of governments

Open Access to Networks




Regulations driven by fear of monopolists leveraging their power
into adjacent markets
Promotes competition in ISPs, video delivery, and content
Lessons from the wireline, cable and wireless markets
–
–
–

Regulation of common carriers provides a model
Superior business model reduced opposition by cable operators
DoCoMo unlocks the "walled garden" in wireless

Challenges to Open Access to Networks







Leverage remains tempting
Content-conduit split?
Voluntary open access avoids difficult regulatory issues
Will open access survive deregulation of wireline broadband
services?
Continued existence of non-discrimination requirements?

Open Spectrum


Evolution of spectrum management from “command and control”
–
–
–



From analog to digital
Economic value of spectrum recognized via auctions
From dumb receivers to smart radios

The Rise of the Junk bands
–
–
–

–

Growth in unlicensed devices (licensed by compliance)
Interoperability
Hotbed of innovation — 802.11x
New source of wireless broadband Internet access

Open Spectrum (cont’d)


From spectrum scarcity to spectrum abundance
–
–



Dedicated spectrum vs. opportunistic spectrum
Unlicensed bands

Synthetic spectrum
–
–
–
–

–

Adaptive (software-defined) radios
Ultrawideband
Underlays
Digital communications techniques
More users creating more bandwidth?

Challenges to Open Spectrum








Interference
Expanding the unlicensed bands
Developing “rules of the road” and enforcing them
Business model
Relationship with licensees of dedicated spectrum — will the past
rule the future?
Privatization of the spectrum
–
–

Trespass vs. underlay rights
Can privatization and the “commons” coexist?

Open Availability of Information — Intellectual
Property Rules


Rights in conflict
–
–

Limited monopolies to spur creation
Rights of users






First Sale doctrine
Fair Use
Innovation — we’re standing “on the shoulders of giants”

Digital goods and the Internet threaten the status quo
–
–
–

Copies are not degraded
Virtually free copying and distribution
Peer to peer

Open Availability of Information — Intellectual
Property Rules (cont’d)


The Digital Millennium Copyright Act (DMCA)
–
–
–



Recognizes rights in digital content
Criminalizes anti-circumvention
Impact on Fair Use and First Sale doctrines, security research

Digital rights management (DRM)
–
–

Non-printable e-books, exploding CDs, limited utility media
Government action invoked




Hollings — all digital media to include government-designated DRM
Berman — self–help authorized against peer to peer networks
Broadcast flag and analog hole

Open Availability of Information — Issues Regarding
Intellectual Property








What is the appropriate balance among rights of creators, rights
holders, users? How can DRM (technology) and user rights (law)
coexist?
Access vs. publication?
Who bears responsibility for protection and enforcement?
Role of consumer education, technology, law?
Impact on general computing model?
Impact on innovation?

Open Availability of Information —
"Harmful" Information


Many different views of what is harmful
–
–



Information that affects security
–



Web-based maps of hazardous materials’ diffusion patterns

Spam
–



Pornography, hate speech, sedition
Gambling, selling prescription drugs online

Whitelists

Who should control content?
–
–
–

Individuals
Intermediaries
Governments

Open Governance


Rise of extraterritoriality
–
–



Government interest increases as Internet's importance increases
–
–



Governments “have no sovereignty where we gather”
“Borderless” Internet becoming “bordered” Internet, regulated by
“borderless” laws
Maintaining control in the world of atoms
Protecting and promoting own values and legal system

Possible responses
–
–
–
–
–

Harmonization
Treaties
Interoperability
Digital IDs
Private governance

Open Governance (cont’d)


Private Governance
–
–
–
–



Multilateral
Government delegation — Council of Europe
Self-regulation/co-regulation — GBDe, TRUSTe
Code

Legitimacy gap
–
–

–

Representativeness
Transparency
Accountability

For Further Information

Elliot E. Maxwell
[email protected]


Slide 6

Openness and the Internet:
A Study in Internet Policy

Elliot Maxwell
World Bank
November 20, 2002

Copyright © Elliot E. Maxwell 2002

Openness






A central characteristic of the Internet
Anyone can connect to anyone and anything
Definition of openness differs in various domains
What is the preferable level of openness in each domain?

Certain Aspects of Openness








Open standards
Open source software
Open access to networks
Open spectrum
Open availability of information
Open governance

Open Standards





Internet built on open standards: TCP/IP, HTML, HTTP
Interoperability — critical to Internet growth
Open standards developed through the Internet Engineering Task
Force's open processes
IETF test — does the standard run code on disparate devices?

End to End Design Principle




Intelligence at the edge of the network
No centralized control of applications or information
Best efforts to move bits toward their destination

Challenges to Open Standards







Role of proprietary or patented software included in open
standards — what are the licensing requirements?
Extension of open standards into proprietary standards
Non-open processes for developing standards
Impact of differing corporate strategies on standards’ development
Adding functionality to the core of the network to enhance
particular applications, e.g., streaming media
Filters, firewalls, set-top boxes...

Open Source Software




Internet runs on open source software: Sendmail/Apache/BIND
Definitions of “open source” differ, although all provide access to
source code
Advantages
–



Inexpensive, flexible, customizable, extended development
community, efficient feedback loop, decreased switching costs

Disadvantages
–

Lack of documentation and support, no mechanism for prioritizing
development

Challenges to Open Source Software






Business model
Intellectual property rights and incentives for development
Security
Role of governments

Open Access to Networks




Regulations driven by fear of monopolists leveraging their power
into adjacent markets
Promotes competition in ISPs, video delivery, and content
Lessons from the wireline, cable and wireless markets
–
–
–

Regulation of common carriers provides a model
Superior business model reduced opposition by cable operators
DoCoMo unlocks the "walled garden" in wireless

Challenges to Open Access to Networks







Leverage remains tempting
Content-conduit split?
Voluntary open access avoids difficult regulatory issues
Will open access survive deregulation of wireline broadband
services?
Continued existence of non-discrimination requirements?

Open Spectrum


Evolution of spectrum management from “command and control”
–
–
–



From analog to digital
Economic value of spectrum recognized via auctions
From dumb receivers to smart radios

The Rise of the Junk bands
–
–
–

–

Growth in unlicensed devices (licensed by compliance)
Interoperability
Hotbed of innovation — 802.11x
New source of wireless broadband Internet access

Open Spectrum (cont’d)


From spectrum scarcity to spectrum abundance
–
–



Dedicated spectrum vs. opportunistic spectrum
Unlicensed bands

Synthetic spectrum
–
–
–
–

–

Adaptive (software-defined) radios
Ultrawideband
Underlays
Digital communications techniques
More users creating more bandwidth?

Challenges to Open Spectrum








Interference
Expanding the unlicensed bands
Developing “rules of the road” and enforcing them
Business model
Relationship with licensees of dedicated spectrum — will the past
rule the future?
Privatization of the spectrum
–
–

Trespass vs. underlay rights
Can privatization and the “commons” coexist?

Open Availability of Information — Intellectual
Property Rules


Rights in conflict
–
–

Limited monopolies to spur creation
Rights of users






First Sale doctrine
Fair Use
Innovation — we’re standing “on the shoulders of giants”

Digital goods and the Internet threaten the status quo
–
–
–

Copies are not degraded
Virtually free copying and distribution
Peer to peer

Open Availability of Information — Intellectual
Property Rules (cont’d)


The Digital Millennium Copyright Act (DMCA)
–
–
–



Recognizes rights in digital content
Criminalizes anti-circumvention
Impact on Fair Use and First Sale doctrines, security research

Digital rights management (DRM)
–
–

Non-printable e-books, exploding CDs, limited utility media
Government action invoked




Hollings — all digital media to include government-designated DRM
Berman — self–help authorized against peer to peer networks
Broadcast flag and analog hole

Open Availability of Information — Issues Regarding
Intellectual Property








What is the appropriate balance among rights of creators, rights
holders, users? How can DRM (technology) and user rights (law)
coexist?
Access vs. publication?
Who bears responsibility for protection and enforcement?
Role of consumer education, technology, law?
Impact on general computing model?
Impact on innovation?

Open Availability of Information —
"Harmful" Information


Many different views of what is harmful
–
–



Information that affects security
–



Web-based maps of hazardous materials’ diffusion patterns

Spam
–



Pornography, hate speech, sedition
Gambling, selling prescription drugs online

Whitelists

Who should control content?
–
–
–

Individuals
Intermediaries
Governments

Open Governance


Rise of extraterritoriality
–
–



Government interest increases as Internet's importance increases
–
–



Governments “have no sovereignty where we gather”
“Borderless” Internet becoming “bordered” Internet, regulated by
“borderless” laws
Maintaining control in the world of atoms
Protecting and promoting own values and legal system

Possible responses
–
–
–
–
–

Harmonization
Treaties
Interoperability
Digital IDs
Private governance

Open Governance (cont’d)


Private Governance
–
–
–
–



Multilateral
Government delegation — Council of Europe
Self-regulation/co-regulation — GBDe, TRUSTe
Code

Legitimacy gap
–
–

–

Representativeness
Transparency
Accountability

For Further Information

Elliot E. Maxwell
[email protected]


Slide 7

Openness and the Internet:
A Study in Internet Policy

Elliot Maxwell
World Bank
November 20, 2002

Copyright © Elliot E. Maxwell 2002

Openness






A central characteristic of the Internet
Anyone can connect to anyone and anything
Definition of openness differs in various domains
What is the preferable level of openness in each domain?

Certain Aspects of Openness








Open standards
Open source software
Open access to networks
Open spectrum
Open availability of information
Open governance

Open Standards





Internet built on open standards: TCP/IP, HTML, HTTP
Interoperability — critical to Internet growth
Open standards developed through the Internet Engineering Task
Force's open processes
IETF test — does the standard run code on disparate devices?

End to End Design Principle




Intelligence at the edge of the network
No centralized control of applications or information
Best efforts to move bits toward their destination

Challenges to Open Standards







Role of proprietary or patented software included in open
standards — what are the licensing requirements?
Extension of open standards into proprietary standards
Non-open processes for developing standards
Impact of differing corporate strategies on standards’ development
Adding functionality to the core of the network to enhance
particular applications, e.g., streaming media
Filters, firewalls, set-top boxes...

Open Source Software




Internet runs on open source software: Sendmail/Apache/BIND
Definitions of “open source” differ, although all provide access to
source code
Advantages
–



Inexpensive, flexible, customizable, extended development
community, efficient feedback loop, decreased switching costs

Disadvantages
–

Lack of documentation and support, no mechanism for prioritizing
development

Challenges to Open Source Software






Business model
Intellectual property rights and incentives for development
Security
Role of governments

Open Access to Networks




Regulations driven by fear of monopolists leveraging their power
into adjacent markets
Promotes competition in ISPs, video delivery, and content
Lessons from the wireline, cable and wireless markets
–
–
–

Regulation of common carriers provides a model
Superior business model reduced opposition by cable operators
DoCoMo unlocks the "walled garden" in wireless

Challenges to Open Access to Networks







Leverage remains tempting
Content-conduit split?
Voluntary open access avoids difficult regulatory issues
Will open access survive deregulation of wireline broadband
services?
Continued existence of non-discrimination requirements?

Open Spectrum


Evolution of spectrum management from “command and control”
–
–
–



From analog to digital
Economic value of spectrum recognized via auctions
From dumb receivers to smart radios

The Rise of the Junk bands
–
–
–

–

Growth in unlicensed devices (licensed by compliance)
Interoperability
Hotbed of innovation — 802.11x
New source of wireless broadband Internet access

Open Spectrum (cont’d)


From spectrum scarcity to spectrum abundance
–
–



Dedicated spectrum vs. opportunistic spectrum
Unlicensed bands

Synthetic spectrum
–
–
–
–

–

Adaptive (software-defined) radios
Ultrawideband
Underlays
Digital communications techniques
More users creating more bandwidth?

Challenges to Open Spectrum








Interference
Expanding the unlicensed bands
Developing “rules of the road” and enforcing them
Business model
Relationship with licensees of dedicated spectrum — will the past
rule the future?
Privatization of the spectrum
–
–

Trespass vs. underlay rights
Can privatization and the “commons” coexist?

Open Availability of Information — Intellectual
Property Rules


Rights in conflict
–
–

Limited monopolies to spur creation
Rights of users






First Sale doctrine
Fair Use
Innovation — we’re standing “on the shoulders of giants”

Digital goods and the Internet threaten the status quo
–
–
–

Copies are not degraded
Virtually free copying and distribution
Peer to peer

Open Availability of Information — Intellectual
Property Rules (cont’d)


The Digital Millennium Copyright Act (DMCA)
–
–
–



Recognizes rights in digital content
Criminalizes anti-circumvention
Impact on Fair Use and First Sale doctrines, security research

Digital rights management (DRM)
–
–

Non-printable e-books, exploding CDs, limited utility media
Government action invoked




Hollings — all digital media to include government-designated DRM
Berman — self–help authorized against peer to peer networks
Broadcast flag and analog hole

Open Availability of Information — Issues Regarding
Intellectual Property








What is the appropriate balance among rights of creators, rights
holders, users? How can DRM (technology) and user rights (law)
coexist?
Access vs. publication?
Who bears responsibility for protection and enforcement?
Role of consumer education, technology, law?
Impact on general computing model?
Impact on innovation?

Open Availability of Information —
"Harmful" Information


Many different views of what is harmful
–
–



Information that affects security
–



Web-based maps of hazardous materials’ diffusion patterns

Spam
–



Pornography, hate speech, sedition
Gambling, selling prescription drugs online

Whitelists

Who should control content?
–
–
–

Individuals
Intermediaries
Governments

Open Governance


Rise of extraterritoriality
–
–



Government interest increases as Internet's importance increases
–
–



Governments “have no sovereignty where we gather”
“Borderless” Internet becoming “bordered” Internet, regulated by
“borderless” laws
Maintaining control in the world of atoms
Protecting and promoting own values and legal system

Possible responses
–
–
–
–
–

Harmonization
Treaties
Interoperability
Digital IDs
Private governance

Open Governance (cont’d)


Private Governance
–
–
–
–



Multilateral
Government delegation — Council of Europe
Self-regulation/co-regulation — GBDe, TRUSTe
Code

Legitimacy gap
–
–

–

Representativeness
Transparency
Accountability

For Further Information

Elliot E. Maxwell
[email protected]


Slide 8

Openness and the Internet:
A Study in Internet Policy

Elliot Maxwell
World Bank
November 20, 2002

Copyright © Elliot E. Maxwell 2002

Openness






A central characteristic of the Internet
Anyone can connect to anyone and anything
Definition of openness differs in various domains
What is the preferable level of openness in each domain?

Certain Aspects of Openness








Open standards
Open source software
Open access to networks
Open spectrum
Open availability of information
Open governance

Open Standards





Internet built on open standards: TCP/IP, HTML, HTTP
Interoperability — critical to Internet growth
Open standards developed through the Internet Engineering Task
Force's open processes
IETF test — does the standard run code on disparate devices?

End to End Design Principle




Intelligence at the edge of the network
No centralized control of applications or information
Best efforts to move bits toward their destination

Challenges to Open Standards







Role of proprietary or patented software included in open
standards — what are the licensing requirements?
Extension of open standards into proprietary standards
Non-open processes for developing standards
Impact of differing corporate strategies on standards’ development
Adding functionality to the core of the network to enhance
particular applications, e.g., streaming media
Filters, firewalls, set-top boxes...

Open Source Software




Internet runs on open source software: Sendmail/Apache/BIND
Definitions of “open source” differ, although all provide access to
source code
Advantages
–



Inexpensive, flexible, customizable, extended development
community, efficient feedback loop, decreased switching costs

Disadvantages
–

Lack of documentation and support, no mechanism for prioritizing
development

Challenges to Open Source Software






Business model
Intellectual property rights and incentives for development
Security
Role of governments

Open Access to Networks




Regulations driven by fear of monopolists leveraging their power
into adjacent markets
Promotes competition in ISPs, video delivery, and content
Lessons from the wireline, cable and wireless markets
–
–
–

Regulation of common carriers provides a model
Superior business model reduced opposition by cable operators
DoCoMo unlocks the "walled garden" in wireless

Challenges to Open Access to Networks







Leverage remains tempting
Content-conduit split?
Voluntary open access avoids difficult regulatory issues
Will open access survive deregulation of wireline broadband
services?
Continued existence of non-discrimination requirements?

Open Spectrum


Evolution of spectrum management from “command and control”
–
–
–



From analog to digital
Economic value of spectrum recognized via auctions
From dumb receivers to smart radios

The Rise of the Junk bands
–
–
–

–

Growth in unlicensed devices (licensed by compliance)
Interoperability
Hotbed of innovation — 802.11x
New source of wireless broadband Internet access

Open Spectrum (cont’d)


From spectrum scarcity to spectrum abundance
–
–



Dedicated spectrum vs. opportunistic spectrum
Unlicensed bands

Synthetic spectrum
–
–
–
–

–

Adaptive (software-defined) radios
Ultrawideband
Underlays
Digital communications techniques
More users creating more bandwidth?

Challenges to Open Spectrum








Interference
Expanding the unlicensed bands
Developing “rules of the road” and enforcing them
Business model
Relationship with licensees of dedicated spectrum — will the past
rule the future?
Privatization of the spectrum
–
–

Trespass vs. underlay rights
Can privatization and the “commons” coexist?

Open Availability of Information — Intellectual
Property Rules


Rights in conflict
–
–

Limited monopolies to spur creation
Rights of users






First Sale doctrine
Fair Use
Innovation — we’re standing “on the shoulders of giants”

Digital goods and the Internet threaten the status quo
–
–
–

Copies are not degraded
Virtually free copying and distribution
Peer to peer

Open Availability of Information — Intellectual
Property Rules (cont’d)


The Digital Millennium Copyright Act (DMCA)
–
–
–



Recognizes rights in digital content
Criminalizes anti-circumvention
Impact on Fair Use and First Sale doctrines, security research

Digital rights management (DRM)
–
–

Non-printable e-books, exploding CDs, limited utility media
Government action invoked




Hollings — all digital media to include government-designated DRM
Berman — self–help authorized against peer to peer networks
Broadcast flag and analog hole

Open Availability of Information — Issues Regarding
Intellectual Property








What is the appropriate balance among rights of creators, rights
holders, users? How can DRM (technology) and user rights (law)
coexist?
Access vs. publication?
Who bears responsibility for protection and enforcement?
Role of consumer education, technology, law?
Impact on general computing model?
Impact on innovation?

Open Availability of Information —
"Harmful" Information


Many different views of what is harmful
–
–



Information that affects security
–



Web-based maps of hazardous materials’ diffusion patterns

Spam
–



Pornography, hate speech, sedition
Gambling, selling prescription drugs online

Whitelists

Who should control content?
–
–
–

Individuals
Intermediaries
Governments

Open Governance


Rise of extraterritoriality
–
–



Government interest increases as Internet's importance increases
–
–



Governments “have no sovereignty where we gather”
“Borderless” Internet becoming “bordered” Internet, regulated by
“borderless” laws
Maintaining control in the world of atoms
Protecting and promoting own values and legal system

Possible responses
–
–
–
–
–

Harmonization
Treaties
Interoperability
Digital IDs
Private governance

Open Governance (cont’d)


Private Governance
–
–
–
–



Multilateral
Government delegation — Council of Europe
Self-regulation/co-regulation — GBDe, TRUSTe
Code

Legitimacy gap
–
–

–

Representativeness
Transparency
Accountability

For Further Information

Elliot E. Maxwell
[email protected]


Slide 9

Openness and the Internet:
A Study in Internet Policy

Elliot Maxwell
World Bank
November 20, 2002

Copyright © Elliot E. Maxwell 2002

Openness






A central characteristic of the Internet
Anyone can connect to anyone and anything
Definition of openness differs in various domains
What is the preferable level of openness in each domain?

Certain Aspects of Openness








Open standards
Open source software
Open access to networks
Open spectrum
Open availability of information
Open governance

Open Standards





Internet built on open standards: TCP/IP, HTML, HTTP
Interoperability — critical to Internet growth
Open standards developed through the Internet Engineering Task
Force's open processes
IETF test — does the standard run code on disparate devices?

End to End Design Principle




Intelligence at the edge of the network
No centralized control of applications or information
Best efforts to move bits toward their destination

Challenges to Open Standards







Role of proprietary or patented software included in open
standards — what are the licensing requirements?
Extension of open standards into proprietary standards
Non-open processes for developing standards
Impact of differing corporate strategies on standards’ development
Adding functionality to the core of the network to enhance
particular applications, e.g., streaming media
Filters, firewalls, set-top boxes...

Open Source Software




Internet runs on open source software: Sendmail/Apache/BIND
Definitions of “open source” differ, although all provide access to
source code
Advantages
–



Inexpensive, flexible, customizable, extended development
community, efficient feedback loop, decreased switching costs

Disadvantages
–

Lack of documentation and support, no mechanism for prioritizing
development

Challenges to Open Source Software






Business model
Intellectual property rights and incentives for development
Security
Role of governments

Open Access to Networks




Regulations driven by fear of monopolists leveraging their power
into adjacent markets
Promotes competition in ISPs, video delivery, and content
Lessons from the wireline, cable and wireless markets
–
–
–

Regulation of common carriers provides a model
Superior business model reduced opposition by cable operators
DoCoMo unlocks the "walled garden" in wireless

Challenges to Open Access to Networks







Leverage remains tempting
Content-conduit split?
Voluntary open access avoids difficult regulatory issues
Will open access survive deregulation of wireline broadband
services?
Continued existence of non-discrimination requirements?

Open Spectrum


Evolution of spectrum management from “command and control”
–
–
–



From analog to digital
Economic value of spectrum recognized via auctions
From dumb receivers to smart radios

The Rise of the Junk bands
–
–
–

–

Growth in unlicensed devices (licensed by compliance)
Interoperability
Hotbed of innovation — 802.11x
New source of wireless broadband Internet access

Open Spectrum (cont’d)


From spectrum scarcity to spectrum abundance
–
–



Dedicated spectrum vs. opportunistic spectrum
Unlicensed bands

Synthetic spectrum
–
–
–
–

–

Adaptive (software-defined) radios
Ultrawideband
Underlays
Digital communications techniques
More users creating more bandwidth?

Challenges to Open Spectrum








Interference
Expanding the unlicensed bands
Developing “rules of the road” and enforcing them
Business model
Relationship with licensees of dedicated spectrum — will the past
rule the future?
Privatization of the spectrum
–
–

Trespass vs. underlay rights
Can privatization and the “commons” coexist?

Open Availability of Information — Intellectual
Property Rules


Rights in conflict
–
–

Limited monopolies to spur creation
Rights of users






First Sale doctrine
Fair Use
Innovation — we’re standing “on the shoulders of giants”

Digital goods and the Internet threaten the status quo
–
–
–

Copies are not degraded
Virtually free copying and distribution
Peer to peer

Open Availability of Information — Intellectual
Property Rules (cont’d)


The Digital Millennium Copyright Act (DMCA)
–
–
–



Recognizes rights in digital content
Criminalizes anti-circumvention
Impact on Fair Use and First Sale doctrines, security research

Digital rights management (DRM)
–
–

Non-printable e-books, exploding CDs, limited utility media
Government action invoked




Hollings — all digital media to include government-designated DRM
Berman — self–help authorized against peer to peer networks
Broadcast flag and analog hole

Open Availability of Information — Issues Regarding
Intellectual Property








What is the appropriate balance among rights of creators, rights
holders, users? How can DRM (technology) and user rights (law)
coexist?
Access vs. publication?
Who bears responsibility for protection and enforcement?
Role of consumer education, technology, law?
Impact on general computing model?
Impact on innovation?

Open Availability of Information —
"Harmful" Information


Many different views of what is harmful
–
–



Information that affects security
–



Web-based maps of hazardous materials’ diffusion patterns

Spam
–



Pornography, hate speech, sedition
Gambling, selling prescription drugs online

Whitelists

Who should control content?
–
–
–

Individuals
Intermediaries
Governments

Open Governance


Rise of extraterritoriality
–
–



Government interest increases as Internet's importance increases
–
–



Governments “have no sovereignty where we gather”
“Borderless” Internet becoming “bordered” Internet, regulated by
“borderless” laws
Maintaining control in the world of atoms
Protecting and promoting own values and legal system

Possible responses
–
–
–
–
–

Harmonization
Treaties
Interoperability
Digital IDs
Private governance

Open Governance (cont’d)


Private Governance
–
–
–
–



Multilateral
Government delegation — Council of Europe
Self-regulation/co-regulation — GBDe, TRUSTe
Code

Legitimacy gap
–
–

–

Representativeness
Transparency
Accountability

For Further Information

Elliot E. Maxwell
[email protected]


Slide 10

Openness and the Internet:
A Study in Internet Policy

Elliot Maxwell
World Bank
November 20, 2002

Copyright © Elliot E. Maxwell 2002

Openness






A central characteristic of the Internet
Anyone can connect to anyone and anything
Definition of openness differs in various domains
What is the preferable level of openness in each domain?

Certain Aspects of Openness








Open standards
Open source software
Open access to networks
Open spectrum
Open availability of information
Open governance

Open Standards





Internet built on open standards: TCP/IP, HTML, HTTP
Interoperability — critical to Internet growth
Open standards developed through the Internet Engineering Task
Force's open processes
IETF test — does the standard run code on disparate devices?

End to End Design Principle




Intelligence at the edge of the network
No centralized control of applications or information
Best efforts to move bits toward their destination

Challenges to Open Standards







Role of proprietary or patented software included in open
standards — what are the licensing requirements?
Extension of open standards into proprietary standards
Non-open processes for developing standards
Impact of differing corporate strategies on standards’ development
Adding functionality to the core of the network to enhance
particular applications, e.g., streaming media
Filters, firewalls, set-top boxes...

Open Source Software




Internet runs on open source software: Sendmail/Apache/BIND
Definitions of “open source” differ, although all provide access to
source code
Advantages
–



Inexpensive, flexible, customizable, extended development
community, efficient feedback loop, decreased switching costs

Disadvantages
–

Lack of documentation and support, no mechanism for prioritizing
development

Challenges to Open Source Software






Business model
Intellectual property rights and incentives for development
Security
Role of governments

Open Access to Networks




Regulations driven by fear of monopolists leveraging their power
into adjacent markets
Promotes competition in ISPs, video delivery, and content
Lessons from the wireline, cable and wireless markets
–
–
–

Regulation of common carriers provides a model
Superior business model reduced opposition by cable operators
DoCoMo unlocks the "walled garden" in wireless

Challenges to Open Access to Networks







Leverage remains tempting
Content-conduit split?
Voluntary open access avoids difficult regulatory issues
Will open access survive deregulation of wireline broadband
services?
Continued existence of non-discrimination requirements?

Open Spectrum


Evolution of spectrum management from “command and control”
–
–
–



From analog to digital
Economic value of spectrum recognized via auctions
From dumb receivers to smart radios

The Rise of the Junk bands
–
–
–

–

Growth in unlicensed devices (licensed by compliance)
Interoperability
Hotbed of innovation — 802.11x
New source of wireless broadband Internet access

Open Spectrum (cont’d)


From spectrum scarcity to spectrum abundance
–
–



Dedicated spectrum vs. opportunistic spectrum
Unlicensed bands

Synthetic spectrum
–
–
–
–

–

Adaptive (software-defined) radios
Ultrawideband
Underlays
Digital communications techniques
More users creating more bandwidth?

Challenges to Open Spectrum








Interference
Expanding the unlicensed bands
Developing “rules of the road” and enforcing them
Business model
Relationship with licensees of dedicated spectrum — will the past
rule the future?
Privatization of the spectrum
–
–

Trespass vs. underlay rights
Can privatization and the “commons” coexist?

Open Availability of Information — Intellectual
Property Rules


Rights in conflict
–
–

Limited monopolies to spur creation
Rights of users






First Sale doctrine
Fair Use
Innovation — we’re standing “on the shoulders of giants”

Digital goods and the Internet threaten the status quo
–
–
–

Copies are not degraded
Virtually free copying and distribution
Peer to peer

Open Availability of Information — Intellectual
Property Rules (cont’d)


The Digital Millennium Copyright Act (DMCA)
–
–
–



Recognizes rights in digital content
Criminalizes anti-circumvention
Impact on Fair Use and First Sale doctrines, security research

Digital rights management (DRM)
–
–

Non-printable e-books, exploding CDs, limited utility media
Government action invoked




Hollings — all digital media to include government-designated DRM
Berman — self–help authorized against peer to peer networks
Broadcast flag and analog hole

Open Availability of Information — Issues Regarding
Intellectual Property








What is the appropriate balance among rights of creators, rights
holders, users? How can DRM (technology) and user rights (law)
coexist?
Access vs. publication?
Who bears responsibility for protection and enforcement?
Role of consumer education, technology, law?
Impact on general computing model?
Impact on innovation?

Open Availability of Information —
"Harmful" Information


Many different views of what is harmful
–
–



Information that affects security
–



Web-based maps of hazardous materials’ diffusion patterns

Spam
–



Pornography, hate speech, sedition
Gambling, selling prescription drugs online

Whitelists

Who should control content?
–
–
–

Individuals
Intermediaries
Governments

Open Governance


Rise of extraterritoriality
–
–



Government interest increases as Internet's importance increases
–
–



Governments “have no sovereignty where we gather”
“Borderless” Internet becoming “bordered” Internet, regulated by
“borderless” laws
Maintaining control in the world of atoms
Protecting and promoting own values and legal system

Possible responses
–
–
–
–
–

Harmonization
Treaties
Interoperability
Digital IDs
Private governance

Open Governance (cont’d)


Private Governance
–
–
–
–



Multilateral
Government delegation — Council of Europe
Self-regulation/co-regulation — GBDe, TRUSTe
Code

Legitimacy gap
–
–

–

Representativeness
Transparency
Accountability

For Further Information

Elliot E. Maxwell
[email protected]


Slide 11

Openness and the Internet:
A Study in Internet Policy

Elliot Maxwell
World Bank
November 20, 2002

Copyright © Elliot E. Maxwell 2002

Openness






A central characteristic of the Internet
Anyone can connect to anyone and anything
Definition of openness differs in various domains
What is the preferable level of openness in each domain?

Certain Aspects of Openness








Open standards
Open source software
Open access to networks
Open spectrum
Open availability of information
Open governance

Open Standards





Internet built on open standards: TCP/IP, HTML, HTTP
Interoperability — critical to Internet growth
Open standards developed through the Internet Engineering Task
Force's open processes
IETF test — does the standard run code on disparate devices?

End to End Design Principle




Intelligence at the edge of the network
No centralized control of applications or information
Best efforts to move bits toward their destination

Challenges to Open Standards







Role of proprietary or patented software included in open
standards — what are the licensing requirements?
Extension of open standards into proprietary standards
Non-open processes for developing standards
Impact of differing corporate strategies on standards’ development
Adding functionality to the core of the network to enhance
particular applications, e.g., streaming media
Filters, firewalls, set-top boxes...

Open Source Software




Internet runs on open source software: Sendmail/Apache/BIND
Definitions of “open source” differ, although all provide access to
source code
Advantages
–



Inexpensive, flexible, customizable, extended development
community, efficient feedback loop, decreased switching costs

Disadvantages
–

Lack of documentation and support, no mechanism for prioritizing
development

Challenges to Open Source Software






Business model
Intellectual property rights and incentives for development
Security
Role of governments

Open Access to Networks




Regulations driven by fear of monopolists leveraging their power
into adjacent markets
Promotes competition in ISPs, video delivery, and content
Lessons from the wireline, cable and wireless markets
–
–
–

Regulation of common carriers provides a model
Superior business model reduced opposition by cable operators
DoCoMo unlocks the "walled garden" in wireless

Challenges to Open Access to Networks







Leverage remains tempting
Content-conduit split?
Voluntary open access avoids difficult regulatory issues
Will open access survive deregulation of wireline broadband
services?
Continued existence of non-discrimination requirements?

Open Spectrum


Evolution of spectrum management from “command and control”
–
–
–



From analog to digital
Economic value of spectrum recognized via auctions
From dumb receivers to smart radios

The Rise of the Junk bands
–
–
–

–

Growth in unlicensed devices (licensed by compliance)
Interoperability
Hotbed of innovation — 802.11x
New source of wireless broadband Internet access

Open Spectrum (cont’d)


From spectrum scarcity to spectrum abundance
–
–



Dedicated spectrum vs. opportunistic spectrum
Unlicensed bands

Synthetic spectrum
–
–
–
–

–

Adaptive (software-defined) radios
Ultrawideband
Underlays
Digital communications techniques
More users creating more bandwidth?

Challenges to Open Spectrum








Interference
Expanding the unlicensed bands
Developing “rules of the road” and enforcing them
Business model
Relationship with licensees of dedicated spectrum — will the past
rule the future?
Privatization of the spectrum
–
–

Trespass vs. underlay rights
Can privatization and the “commons” coexist?

Open Availability of Information — Intellectual
Property Rules


Rights in conflict
–
–

Limited monopolies to spur creation
Rights of users






First Sale doctrine
Fair Use
Innovation — we’re standing “on the shoulders of giants”

Digital goods and the Internet threaten the status quo
–
–
–

Copies are not degraded
Virtually free copying and distribution
Peer to peer

Open Availability of Information — Intellectual
Property Rules (cont’d)


The Digital Millennium Copyright Act (DMCA)
–
–
–



Recognizes rights in digital content
Criminalizes anti-circumvention
Impact on Fair Use and First Sale doctrines, security research

Digital rights management (DRM)
–
–

Non-printable e-books, exploding CDs, limited utility media
Government action invoked




Hollings — all digital media to include government-designated DRM
Berman — self–help authorized against peer to peer networks
Broadcast flag and analog hole

Open Availability of Information — Issues Regarding
Intellectual Property








What is the appropriate balance among rights of creators, rights
holders, users? How can DRM (technology) and user rights (law)
coexist?
Access vs. publication?
Who bears responsibility for protection and enforcement?
Role of consumer education, technology, law?
Impact on general computing model?
Impact on innovation?

Open Availability of Information —
"Harmful" Information


Many different views of what is harmful
–
–



Information that affects security
–



Web-based maps of hazardous materials’ diffusion patterns

Spam
–



Pornography, hate speech, sedition
Gambling, selling prescription drugs online

Whitelists

Who should control content?
–
–
–

Individuals
Intermediaries
Governments

Open Governance


Rise of extraterritoriality
–
–



Government interest increases as Internet's importance increases
–
–



Governments “have no sovereignty where we gather”
“Borderless” Internet becoming “bordered” Internet, regulated by
“borderless” laws
Maintaining control in the world of atoms
Protecting and promoting own values and legal system

Possible responses
–
–
–
–
–

Harmonization
Treaties
Interoperability
Digital IDs
Private governance

Open Governance (cont’d)


Private Governance
–
–
–
–



Multilateral
Government delegation — Council of Europe
Self-regulation/co-regulation — GBDe, TRUSTe
Code

Legitimacy gap
–
–

–

Representativeness
Transparency
Accountability

For Further Information

Elliot E. Maxwell
[email protected]


Slide 12

Openness and the Internet:
A Study in Internet Policy

Elliot Maxwell
World Bank
November 20, 2002

Copyright © Elliot E. Maxwell 2002

Openness






A central characteristic of the Internet
Anyone can connect to anyone and anything
Definition of openness differs in various domains
What is the preferable level of openness in each domain?

Certain Aspects of Openness








Open standards
Open source software
Open access to networks
Open spectrum
Open availability of information
Open governance

Open Standards





Internet built on open standards: TCP/IP, HTML, HTTP
Interoperability — critical to Internet growth
Open standards developed through the Internet Engineering Task
Force's open processes
IETF test — does the standard run code on disparate devices?

End to End Design Principle




Intelligence at the edge of the network
No centralized control of applications or information
Best efforts to move bits toward their destination

Challenges to Open Standards







Role of proprietary or patented software included in open
standards — what are the licensing requirements?
Extension of open standards into proprietary standards
Non-open processes for developing standards
Impact of differing corporate strategies on standards’ development
Adding functionality to the core of the network to enhance
particular applications, e.g., streaming media
Filters, firewalls, set-top boxes...

Open Source Software




Internet runs on open source software: Sendmail/Apache/BIND
Definitions of “open source” differ, although all provide access to
source code
Advantages
–



Inexpensive, flexible, customizable, extended development
community, efficient feedback loop, decreased switching costs

Disadvantages
–

Lack of documentation and support, no mechanism for prioritizing
development

Challenges to Open Source Software






Business model
Intellectual property rights and incentives for development
Security
Role of governments

Open Access to Networks




Regulations driven by fear of monopolists leveraging their power
into adjacent markets
Promotes competition in ISPs, video delivery, and content
Lessons from the wireline, cable and wireless markets
–
–
–

Regulation of common carriers provides a model
Superior business model reduced opposition by cable operators
DoCoMo unlocks the "walled garden" in wireless

Challenges to Open Access to Networks







Leverage remains tempting
Content-conduit split?
Voluntary open access avoids difficult regulatory issues
Will open access survive deregulation of wireline broadband
services?
Continued existence of non-discrimination requirements?

Open Spectrum


Evolution of spectrum management from “command and control”
–
–
–



From analog to digital
Economic value of spectrum recognized via auctions
From dumb receivers to smart radios

The Rise of the Junk bands
–
–
–

–

Growth in unlicensed devices (licensed by compliance)
Interoperability
Hotbed of innovation — 802.11x
New source of wireless broadband Internet access

Open Spectrum (cont’d)


From spectrum scarcity to spectrum abundance
–
–



Dedicated spectrum vs. opportunistic spectrum
Unlicensed bands

Synthetic spectrum
–
–
–
–

–

Adaptive (software-defined) radios
Ultrawideband
Underlays
Digital communications techniques
More users creating more bandwidth?

Challenges to Open Spectrum








Interference
Expanding the unlicensed bands
Developing “rules of the road” and enforcing them
Business model
Relationship with licensees of dedicated spectrum — will the past
rule the future?
Privatization of the spectrum
–
–

Trespass vs. underlay rights
Can privatization and the “commons” coexist?

Open Availability of Information — Intellectual
Property Rules


Rights in conflict
–
–

Limited monopolies to spur creation
Rights of users






First Sale doctrine
Fair Use
Innovation — we’re standing “on the shoulders of giants”

Digital goods and the Internet threaten the status quo
–
–
–

Copies are not degraded
Virtually free copying and distribution
Peer to peer

Open Availability of Information — Intellectual
Property Rules (cont’d)


The Digital Millennium Copyright Act (DMCA)
–
–
–



Recognizes rights in digital content
Criminalizes anti-circumvention
Impact on Fair Use and First Sale doctrines, security research

Digital rights management (DRM)
–
–

Non-printable e-books, exploding CDs, limited utility media
Government action invoked




Hollings — all digital media to include government-designated DRM
Berman — self–help authorized against peer to peer networks
Broadcast flag and analog hole

Open Availability of Information — Issues Regarding
Intellectual Property








What is the appropriate balance among rights of creators, rights
holders, users? How can DRM (technology) and user rights (law)
coexist?
Access vs. publication?
Who bears responsibility for protection and enforcement?
Role of consumer education, technology, law?
Impact on general computing model?
Impact on innovation?

Open Availability of Information —
"Harmful" Information


Many different views of what is harmful
–
–



Information that affects security
–



Web-based maps of hazardous materials’ diffusion patterns

Spam
–



Pornography, hate speech, sedition
Gambling, selling prescription drugs online

Whitelists

Who should control content?
–
–
–

Individuals
Intermediaries
Governments

Open Governance


Rise of extraterritoriality
–
–



Government interest increases as Internet's importance increases
–
–



Governments “have no sovereignty where we gather”
“Borderless” Internet becoming “bordered” Internet, regulated by
“borderless” laws
Maintaining control in the world of atoms
Protecting and promoting own values and legal system

Possible responses
–
–
–
–
–

Harmonization
Treaties
Interoperability
Digital IDs
Private governance

Open Governance (cont’d)


Private Governance
–
–
–
–



Multilateral
Government delegation — Council of Europe
Self-regulation/co-regulation — GBDe, TRUSTe
Code

Legitimacy gap
–
–

–

Representativeness
Transparency
Accountability

For Further Information

Elliot E. Maxwell
[email protected]


Slide 13

Openness and the Internet:
A Study in Internet Policy

Elliot Maxwell
World Bank
November 20, 2002

Copyright © Elliot E. Maxwell 2002

Openness






A central characteristic of the Internet
Anyone can connect to anyone and anything
Definition of openness differs in various domains
What is the preferable level of openness in each domain?

Certain Aspects of Openness








Open standards
Open source software
Open access to networks
Open spectrum
Open availability of information
Open governance

Open Standards





Internet built on open standards: TCP/IP, HTML, HTTP
Interoperability — critical to Internet growth
Open standards developed through the Internet Engineering Task
Force's open processes
IETF test — does the standard run code on disparate devices?

End to End Design Principle




Intelligence at the edge of the network
No centralized control of applications or information
Best efforts to move bits toward their destination

Challenges to Open Standards







Role of proprietary or patented software included in open
standards — what are the licensing requirements?
Extension of open standards into proprietary standards
Non-open processes for developing standards
Impact of differing corporate strategies on standards’ development
Adding functionality to the core of the network to enhance
particular applications, e.g., streaming media
Filters, firewalls, set-top boxes...

Open Source Software




Internet runs on open source software: Sendmail/Apache/BIND
Definitions of “open source” differ, although all provide access to
source code
Advantages
–



Inexpensive, flexible, customizable, extended development
community, efficient feedback loop, decreased switching costs

Disadvantages
–

Lack of documentation and support, no mechanism for prioritizing
development

Challenges to Open Source Software






Business model
Intellectual property rights and incentives for development
Security
Role of governments

Open Access to Networks




Regulations driven by fear of monopolists leveraging their power
into adjacent markets
Promotes competition in ISPs, video delivery, and content
Lessons from the wireline, cable and wireless markets
–
–
–

Regulation of common carriers provides a model
Superior business model reduced opposition by cable operators
DoCoMo unlocks the "walled garden" in wireless

Challenges to Open Access to Networks







Leverage remains tempting
Content-conduit split?
Voluntary open access avoids difficult regulatory issues
Will open access survive deregulation of wireline broadband
services?
Continued existence of non-discrimination requirements?

Open Spectrum


Evolution of spectrum management from “command and control”
–
–
–



From analog to digital
Economic value of spectrum recognized via auctions
From dumb receivers to smart radios

The Rise of the Junk bands
–
–
–

–

Growth in unlicensed devices (licensed by compliance)
Interoperability
Hotbed of innovation — 802.11x
New source of wireless broadband Internet access

Open Spectrum (cont’d)


From spectrum scarcity to spectrum abundance
–
–



Dedicated spectrum vs. opportunistic spectrum
Unlicensed bands

Synthetic spectrum
–
–
–
–

–

Adaptive (software-defined) radios
Ultrawideband
Underlays
Digital communications techniques
More users creating more bandwidth?

Challenges to Open Spectrum








Interference
Expanding the unlicensed bands
Developing “rules of the road” and enforcing them
Business model
Relationship with licensees of dedicated spectrum — will the past
rule the future?
Privatization of the spectrum
–
–

Trespass vs. underlay rights
Can privatization and the “commons” coexist?

Open Availability of Information — Intellectual
Property Rules


Rights in conflict
–
–

Limited monopolies to spur creation
Rights of users






First Sale doctrine
Fair Use
Innovation — we’re standing “on the shoulders of giants”

Digital goods and the Internet threaten the status quo
–
–
–

Copies are not degraded
Virtually free copying and distribution
Peer to peer

Open Availability of Information — Intellectual
Property Rules (cont’d)


The Digital Millennium Copyright Act (DMCA)
–
–
–



Recognizes rights in digital content
Criminalizes anti-circumvention
Impact on Fair Use and First Sale doctrines, security research

Digital rights management (DRM)
–
–

Non-printable e-books, exploding CDs, limited utility media
Government action invoked




Hollings — all digital media to include government-designated DRM
Berman — self–help authorized against peer to peer networks
Broadcast flag and analog hole

Open Availability of Information — Issues Regarding
Intellectual Property








What is the appropriate balance among rights of creators, rights
holders, users? How can DRM (technology) and user rights (law)
coexist?
Access vs. publication?
Who bears responsibility for protection and enforcement?
Role of consumer education, technology, law?
Impact on general computing model?
Impact on innovation?

Open Availability of Information —
"Harmful" Information


Many different views of what is harmful
–
–



Information that affects security
–



Web-based maps of hazardous materials’ diffusion patterns

Spam
–



Pornography, hate speech, sedition
Gambling, selling prescription drugs online

Whitelists

Who should control content?
–
–
–

Individuals
Intermediaries
Governments

Open Governance


Rise of extraterritoriality
–
–



Government interest increases as Internet's importance increases
–
–



Governments “have no sovereignty where we gather”
“Borderless” Internet becoming “bordered” Internet, regulated by
“borderless” laws
Maintaining control in the world of atoms
Protecting and promoting own values and legal system

Possible responses
–
–
–
–
–

Harmonization
Treaties
Interoperability
Digital IDs
Private governance

Open Governance (cont’d)


Private Governance
–
–
–
–



Multilateral
Government delegation — Council of Europe
Self-regulation/co-regulation — GBDe, TRUSTe
Code

Legitimacy gap
–
–

–

Representativeness
Transparency
Accountability

For Further Information

Elliot E. Maxwell
[email protected]


Slide 14

Openness and the Internet:
A Study in Internet Policy

Elliot Maxwell
World Bank
November 20, 2002

Copyright © Elliot E. Maxwell 2002

Openness






A central characteristic of the Internet
Anyone can connect to anyone and anything
Definition of openness differs in various domains
What is the preferable level of openness in each domain?

Certain Aspects of Openness








Open standards
Open source software
Open access to networks
Open spectrum
Open availability of information
Open governance

Open Standards





Internet built on open standards: TCP/IP, HTML, HTTP
Interoperability — critical to Internet growth
Open standards developed through the Internet Engineering Task
Force's open processes
IETF test — does the standard run code on disparate devices?

End to End Design Principle




Intelligence at the edge of the network
No centralized control of applications or information
Best efforts to move bits toward their destination

Challenges to Open Standards







Role of proprietary or patented software included in open
standards — what are the licensing requirements?
Extension of open standards into proprietary standards
Non-open processes for developing standards
Impact of differing corporate strategies on standards’ development
Adding functionality to the core of the network to enhance
particular applications, e.g., streaming media
Filters, firewalls, set-top boxes...

Open Source Software




Internet runs on open source software: Sendmail/Apache/BIND
Definitions of “open source” differ, although all provide access to
source code
Advantages
–



Inexpensive, flexible, customizable, extended development
community, efficient feedback loop, decreased switching costs

Disadvantages
–

Lack of documentation and support, no mechanism for prioritizing
development

Challenges to Open Source Software






Business model
Intellectual property rights and incentives for development
Security
Role of governments

Open Access to Networks




Regulations driven by fear of monopolists leveraging their power
into adjacent markets
Promotes competition in ISPs, video delivery, and content
Lessons from the wireline, cable and wireless markets
–
–
–

Regulation of common carriers provides a model
Superior business model reduced opposition by cable operators
DoCoMo unlocks the "walled garden" in wireless

Challenges to Open Access to Networks







Leverage remains tempting
Content-conduit split?
Voluntary open access avoids difficult regulatory issues
Will open access survive deregulation of wireline broadband
services?
Continued existence of non-discrimination requirements?

Open Spectrum


Evolution of spectrum management from “command and control”
–
–
–



From analog to digital
Economic value of spectrum recognized via auctions
From dumb receivers to smart radios

The Rise of the Junk bands
–
–
–

–

Growth in unlicensed devices (licensed by compliance)
Interoperability
Hotbed of innovation — 802.11x
New source of wireless broadband Internet access

Open Spectrum (cont’d)


From spectrum scarcity to spectrum abundance
–
–



Dedicated spectrum vs. opportunistic spectrum
Unlicensed bands

Synthetic spectrum
–
–
–
–

–

Adaptive (software-defined) radios
Ultrawideband
Underlays
Digital communications techniques
More users creating more bandwidth?

Challenges to Open Spectrum








Interference
Expanding the unlicensed bands
Developing “rules of the road” and enforcing them
Business model
Relationship with licensees of dedicated spectrum — will the past
rule the future?
Privatization of the spectrum
–
–

Trespass vs. underlay rights
Can privatization and the “commons” coexist?

Open Availability of Information — Intellectual
Property Rules


Rights in conflict
–
–

Limited monopolies to spur creation
Rights of users






First Sale doctrine
Fair Use
Innovation — we’re standing “on the shoulders of giants”

Digital goods and the Internet threaten the status quo
–
–
–

Copies are not degraded
Virtually free copying and distribution
Peer to peer

Open Availability of Information — Intellectual
Property Rules (cont’d)


The Digital Millennium Copyright Act (DMCA)
–
–
–



Recognizes rights in digital content
Criminalizes anti-circumvention
Impact on Fair Use and First Sale doctrines, security research

Digital rights management (DRM)
–
–

Non-printable e-books, exploding CDs, limited utility media
Government action invoked




Hollings — all digital media to include government-designated DRM
Berman — self–help authorized against peer to peer networks
Broadcast flag and analog hole

Open Availability of Information — Issues Regarding
Intellectual Property








What is the appropriate balance among rights of creators, rights
holders, users? How can DRM (technology) and user rights (law)
coexist?
Access vs. publication?
Who bears responsibility for protection and enforcement?
Role of consumer education, technology, law?
Impact on general computing model?
Impact on innovation?

Open Availability of Information —
"Harmful" Information


Many different views of what is harmful
–
–



Information that affects security
–



Web-based maps of hazardous materials’ diffusion patterns

Spam
–



Pornography, hate speech, sedition
Gambling, selling prescription drugs online

Whitelists

Who should control content?
–
–
–

Individuals
Intermediaries
Governments

Open Governance


Rise of extraterritoriality
–
–



Government interest increases as Internet's importance increases
–
–



Governments “have no sovereignty where we gather”
“Borderless” Internet becoming “bordered” Internet, regulated by
“borderless” laws
Maintaining control in the world of atoms
Protecting and promoting own values and legal system

Possible responses
–
–
–
–
–

Harmonization
Treaties
Interoperability
Digital IDs
Private governance

Open Governance (cont’d)


Private Governance
–
–
–
–



Multilateral
Government delegation — Council of Europe
Self-regulation/co-regulation — GBDe, TRUSTe
Code

Legitimacy gap
–
–

–

Representativeness
Transparency
Accountability

For Further Information

Elliot E. Maxwell
[email protected]


Slide 15

Openness and the Internet:
A Study in Internet Policy

Elliot Maxwell
World Bank
November 20, 2002

Copyright © Elliot E. Maxwell 2002

Openness






A central characteristic of the Internet
Anyone can connect to anyone and anything
Definition of openness differs in various domains
What is the preferable level of openness in each domain?

Certain Aspects of Openness








Open standards
Open source software
Open access to networks
Open spectrum
Open availability of information
Open governance

Open Standards





Internet built on open standards: TCP/IP, HTML, HTTP
Interoperability — critical to Internet growth
Open standards developed through the Internet Engineering Task
Force's open processes
IETF test — does the standard run code on disparate devices?

End to End Design Principle




Intelligence at the edge of the network
No centralized control of applications or information
Best efforts to move bits toward their destination

Challenges to Open Standards







Role of proprietary or patented software included in open
standards — what are the licensing requirements?
Extension of open standards into proprietary standards
Non-open processes for developing standards
Impact of differing corporate strategies on standards’ development
Adding functionality to the core of the network to enhance
particular applications, e.g., streaming media
Filters, firewalls, set-top boxes...

Open Source Software




Internet runs on open source software: Sendmail/Apache/BIND
Definitions of “open source” differ, although all provide access to
source code
Advantages
–



Inexpensive, flexible, customizable, extended development
community, efficient feedback loop, decreased switching costs

Disadvantages
–

Lack of documentation and support, no mechanism for prioritizing
development

Challenges to Open Source Software






Business model
Intellectual property rights and incentives for development
Security
Role of governments

Open Access to Networks




Regulations driven by fear of monopolists leveraging their power
into adjacent markets
Promotes competition in ISPs, video delivery, and content
Lessons from the wireline, cable and wireless markets
–
–
–

Regulation of common carriers provides a model
Superior business model reduced opposition by cable operators
DoCoMo unlocks the "walled garden" in wireless

Challenges to Open Access to Networks







Leverage remains tempting
Content-conduit split?
Voluntary open access avoids difficult regulatory issues
Will open access survive deregulation of wireline broadband
services?
Continued existence of non-discrimination requirements?

Open Spectrum


Evolution of spectrum management from “command and control”
–
–
–



From analog to digital
Economic value of spectrum recognized via auctions
From dumb receivers to smart radios

The Rise of the Junk bands
–
–
–

–

Growth in unlicensed devices (licensed by compliance)
Interoperability
Hotbed of innovation — 802.11x
New source of wireless broadband Internet access

Open Spectrum (cont’d)


From spectrum scarcity to spectrum abundance
–
–



Dedicated spectrum vs. opportunistic spectrum
Unlicensed bands

Synthetic spectrum
–
–
–
–

–

Adaptive (software-defined) radios
Ultrawideband
Underlays
Digital communications techniques
More users creating more bandwidth?

Challenges to Open Spectrum








Interference
Expanding the unlicensed bands
Developing “rules of the road” and enforcing them
Business model
Relationship with licensees of dedicated spectrum — will the past
rule the future?
Privatization of the spectrum
–
–

Trespass vs. underlay rights
Can privatization and the “commons” coexist?

Open Availability of Information — Intellectual
Property Rules


Rights in conflict
–
–

Limited monopolies to spur creation
Rights of users






First Sale doctrine
Fair Use
Innovation — we’re standing “on the shoulders of giants”

Digital goods and the Internet threaten the status quo
–
–
–

Copies are not degraded
Virtually free copying and distribution
Peer to peer

Open Availability of Information — Intellectual
Property Rules (cont’d)


The Digital Millennium Copyright Act (DMCA)
–
–
–



Recognizes rights in digital content
Criminalizes anti-circumvention
Impact on Fair Use and First Sale doctrines, security research

Digital rights management (DRM)
–
–

Non-printable e-books, exploding CDs, limited utility media
Government action invoked




Hollings — all digital media to include government-designated DRM
Berman — self–help authorized against peer to peer networks
Broadcast flag and analog hole

Open Availability of Information — Issues Regarding
Intellectual Property








What is the appropriate balance among rights of creators, rights
holders, users? How can DRM (technology) and user rights (law)
coexist?
Access vs. publication?
Who bears responsibility for protection and enforcement?
Role of consumer education, technology, law?
Impact on general computing model?
Impact on innovation?

Open Availability of Information —
"Harmful" Information


Many different views of what is harmful
–
–



Information that affects security
–



Web-based maps of hazardous materials’ diffusion patterns

Spam
–



Pornography, hate speech, sedition
Gambling, selling prescription drugs online

Whitelists

Who should control content?
–
–
–

Individuals
Intermediaries
Governments

Open Governance


Rise of extraterritoriality
–
–



Government interest increases as Internet's importance increases
–
–



Governments “have no sovereignty where we gather”
“Borderless” Internet becoming “bordered” Internet, regulated by
“borderless” laws
Maintaining control in the world of atoms
Protecting and promoting own values and legal system

Possible responses
–
–
–
–
–

Harmonization
Treaties
Interoperability
Digital IDs
Private governance

Open Governance (cont’d)


Private Governance
–
–
–
–



Multilateral
Government delegation — Council of Europe
Self-regulation/co-regulation — GBDe, TRUSTe
Code

Legitimacy gap
–
–

–

Representativeness
Transparency
Accountability

For Further Information

Elliot E. Maxwell
[email protected]


Slide 16

Openness and the Internet:
A Study in Internet Policy

Elliot Maxwell
World Bank
November 20, 2002

Copyright © Elliot E. Maxwell 2002

Openness






A central characteristic of the Internet
Anyone can connect to anyone and anything
Definition of openness differs in various domains
What is the preferable level of openness in each domain?

Certain Aspects of Openness








Open standards
Open source software
Open access to networks
Open spectrum
Open availability of information
Open governance

Open Standards





Internet built on open standards: TCP/IP, HTML, HTTP
Interoperability — critical to Internet growth
Open standards developed through the Internet Engineering Task
Force's open processes
IETF test — does the standard run code on disparate devices?

End to End Design Principle




Intelligence at the edge of the network
No centralized control of applications or information
Best efforts to move bits toward their destination

Challenges to Open Standards







Role of proprietary or patented software included in open
standards — what are the licensing requirements?
Extension of open standards into proprietary standards
Non-open processes for developing standards
Impact of differing corporate strategies on standards’ development
Adding functionality to the core of the network to enhance
particular applications, e.g., streaming media
Filters, firewalls, set-top boxes...

Open Source Software




Internet runs on open source software: Sendmail/Apache/BIND
Definitions of “open source” differ, although all provide access to
source code
Advantages
–



Inexpensive, flexible, customizable, extended development
community, efficient feedback loop, decreased switching costs

Disadvantages
–

Lack of documentation and support, no mechanism for prioritizing
development

Challenges to Open Source Software






Business model
Intellectual property rights and incentives for development
Security
Role of governments

Open Access to Networks




Regulations driven by fear of monopolists leveraging their power
into adjacent markets
Promotes competition in ISPs, video delivery, and content
Lessons from the wireline, cable and wireless markets
–
–
–

Regulation of common carriers provides a model
Superior business model reduced opposition by cable operators
DoCoMo unlocks the "walled garden" in wireless

Challenges to Open Access to Networks







Leverage remains tempting
Content-conduit split?
Voluntary open access avoids difficult regulatory issues
Will open access survive deregulation of wireline broadband
services?
Continued existence of non-discrimination requirements?

Open Spectrum


Evolution of spectrum management from “command and control”
–
–
–



From analog to digital
Economic value of spectrum recognized via auctions
From dumb receivers to smart radios

The Rise of the Junk bands
–
–
–

–

Growth in unlicensed devices (licensed by compliance)
Interoperability
Hotbed of innovation — 802.11x
New source of wireless broadband Internet access

Open Spectrum (cont’d)


From spectrum scarcity to spectrum abundance
–
–



Dedicated spectrum vs. opportunistic spectrum
Unlicensed bands

Synthetic spectrum
–
–
–
–

–

Adaptive (software-defined) radios
Ultrawideband
Underlays
Digital communications techniques
More users creating more bandwidth?

Challenges to Open Spectrum








Interference
Expanding the unlicensed bands
Developing “rules of the road” and enforcing them
Business model
Relationship with licensees of dedicated spectrum — will the past
rule the future?
Privatization of the spectrum
–
–

Trespass vs. underlay rights
Can privatization and the “commons” coexist?

Open Availability of Information — Intellectual
Property Rules


Rights in conflict
–
–

Limited monopolies to spur creation
Rights of users






First Sale doctrine
Fair Use
Innovation — we’re standing “on the shoulders of giants”

Digital goods and the Internet threaten the status quo
–
–
–

Copies are not degraded
Virtually free copying and distribution
Peer to peer

Open Availability of Information — Intellectual
Property Rules (cont’d)


The Digital Millennium Copyright Act (DMCA)
–
–
–



Recognizes rights in digital content
Criminalizes anti-circumvention
Impact on Fair Use and First Sale doctrines, security research

Digital rights management (DRM)
–
–

Non-printable e-books, exploding CDs, limited utility media
Government action invoked




Hollings — all digital media to include government-designated DRM
Berman — self–help authorized against peer to peer networks
Broadcast flag and analog hole

Open Availability of Information — Issues Regarding
Intellectual Property








What is the appropriate balance among rights of creators, rights
holders, users? How can DRM (technology) and user rights (law)
coexist?
Access vs. publication?
Who bears responsibility for protection and enforcement?
Role of consumer education, technology, law?
Impact on general computing model?
Impact on innovation?

Open Availability of Information —
"Harmful" Information


Many different views of what is harmful
–
–



Information that affects security
–



Web-based maps of hazardous materials’ diffusion patterns

Spam
–



Pornography, hate speech, sedition
Gambling, selling prescription drugs online

Whitelists

Who should control content?
–
–
–

Individuals
Intermediaries
Governments

Open Governance


Rise of extraterritoriality
–
–



Government interest increases as Internet's importance increases
–
–



Governments “have no sovereignty where we gather”
“Borderless” Internet becoming “bordered” Internet, regulated by
“borderless” laws
Maintaining control in the world of atoms
Protecting and promoting own values and legal system

Possible responses
–
–
–
–
–

Harmonization
Treaties
Interoperability
Digital IDs
Private governance

Open Governance (cont’d)


Private Governance
–
–
–
–



Multilateral
Government delegation — Council of Europe
Self-regulation/co-regulation — GBDe, TRUSTe
Code

Legitimacy gap
–
–

–

Representativeness
Transparency
Accountability

For Further Information

Elliot E. Maxwell
[email protected]


Slide 17

Openness and the Internet:
A Study in Internet Policy

Elliot Maxwell
World Bank
November 20, 2002

Copyright © Elliot E. Maxwell 2002

Openness






A central characteristic of the Internet
Anyone can connect to anyone and anything
Definition of openness differs in various domains
What is the preferable level of openness in each domain?

Certain Aspects of Openness








Open standards
Open source software
Open access to networks
Open spectrum
Open availability of information
Open governance

Open Standards





Internet built on open standards: TCP/IP, HTML, HTTP
Interoperability — critical to Internet growth
Open standards developed through the Internet Engineering Task
Force's open processes
IETF test — does the standard run code on disparate devices?

End to End Design Principle




Intelligence at the edge of the network
No centralized control of applications or information
Best efforts to move bits toward their destination

Challenges to Open Standards







Role of proprietary or patented software included in open
standards — what are the licensing requirements?
Extension of open standards into proprietary standards
Non-open processes for developing standards
Impact of differing corporate strategies on standards’ development
Adding functionality to the core of the network to enhance
particular applications, e.g., streaming media
Filters, firewalls, set-top boxes...

Open Source Software




Internet runs on open source software: Sendmail/Apache/BIND
Definitions of “open source” differ, although all provide access to
source code
Advantages
–



Inexpensive, flexible, customizable, extended development
community, efficient feedback loop, decreased switching costs

Disadvantages
–

Lack of documentation and support, no mechanism for prioritizing
development

Challenges to Open Source Software






Business model
Intellectual property rights and incentives for development
Security
Role of governments

Open Access to Networks




Regulations driven by fear of monopolists leveraging their power
into adjacent markets
Promotes competition in ISPs, video delivery, and content
Lessons from the wireline, cable and wireless markets
–
–
–

Regulation of common carriers provides a model
Superior business model reduced opposition by cable operators
DoCoMo unlocks the "walled garden" in wireless

Challenges to Open Access to Networks







Leverage remains tempting
Content-conduit split?
Voluntary open access avoids difficult regulatory issues
Will open access survive deregulation of wireline broadband
services?
Continued existence of non-discrimination requirements?

Open Spectrum


Evolution of spectrum management from “command and control”
–
–
–



From analog to digital
Economic value of spectrum recognized via auctions
From dumb receivers to smart radios

The Rise of the Junk bands
–
–
–

–

Growth in unlicensed devices (licensed by compliance)
Interoperability
Hotbed of innovation — 802.11x
New source of wireless broadband Internet access

Open Spectrum (cont’d)


From spectrum scarcity to spectrum abundance
–
–



Dedicated spectrum vs. opportunistic spectrum
Unlicensed bands

Synthetic spectrum
–
–
–
–

–

Adaptive (software-defined) radios
Ultrawideband
Underlays
Digital communications techniques
More users creating more bandwidth?

Challenges to Open Spectrum








Interference
Expanding the unlicensed bands
Developing “rules of the road” and enforcing them
Business model
Relationship with licensees of dedicated spectrum — will the past
rule the future?
Privatization of the spectrum
–
–

Trespass vs. underlay rights
Can privatization and the “commons” coexist?

Open Availability of Information — Intellectual
Property Rules


Rights in conflict
–
–

Limited monopolies to spur creation
Rights of users






First Sale doctrine
Fair Use
Innovation — we’re standing “on the shoulders of giants”

Digital goods and the Internet threaten the status quo
–
–
–

Copies are not degraded
Virtually free copying and distribution
Peer to peer

Open Availability of Information — Intellectual
Property Rules (cont’d)


The Digital Millennium Copyright Act (DMCA)
–
–
–



Recognizes rights in digital content
Criminalizes anti-circumvention
Impact on Fair Use and First Sale doctrines, security research

Digital rights management (DRM)
–
–

Non-printable e-books, exploding CDs, limited utility media
Government action invoked




Hollings — all digital media to include government-designated DRM
Berman — self–help authorized against peer to peer networks
Broadcast flag and analog hole

Open Availability of Information — Issues Regarding
Intellectual Property








What is the appropriate balance among rights of creators, rights
holders, users? How can DRM (technology) and user rights (law)
coexist?
Access vs. publication?
Who bears responsibility for protection and enforcement?
Role of consumer education, technology, law?
Impact on general computing model?
Impact on innovation?

Open Availability of Information —
"Harmful" Information


Many different views of what is harmful
–
–



Information that affects security
–



Web-based maps of hazardous materials’ diffusion patterns

Spam
–



Pornography, hate speech, sedition
Gambling, selling prescription drugs online

Whitelists

Who should control content?
–
–
–

Individuals
Intermediaries
Governments

Open Governance


Rise of extraterritoriality
–
–



Government interest increases as Internet's importance increases
–
–



Governments “have no sovereignty where we gather”
“Borderless” Internet becoming “bordered” Internet, regulated by
“borderless” laws
Maintaining control in the world of atoms
Protecting and promoting own values and legal system

Possible responses
–
–
–
–
–

Harmonization
Treaties
Interoperability
Digital IDs
Private governance

Open Governance (cont’d)


Private Governance
–
–
–
–



Multilateral
Government delegation — Council of Europe
Self-regulation/co-regulation — GBDe, TRUSTe
Code

Legitimacy gap
–
–

–

Representativeness
Transparency
Accountability

For Further Information

Elliot E. Maxwell
[email protected]


Slide 18

Openness and the Internet:
A Study in Internet Policy

Elliot Maxwell
World Bank
November 20, 2002

Copyright © Elliot E. Maxwell 2002

Openness






A central characteristic of the Internet
Anyone can connect to anyone and anything
Definition of openness differs in various domains
What is the preferable level of openness in each domain?

Certain Aspects of Openness








Open standards
Open source software
Open access to networks
Open spectrum
Open availability of information
Open governance

Open Standards





Internet built on open standards: TCP/IP, HTML, HTTP
Interoperability — critical to Internet growth
Open standards developed through the Internet Engineering Task
Force's open processes
IETF test — does the standard run code on disparate devices?

End to End Design Principle




Intelligence at the edge of the network
No centralized control of applications or information
Best efforts to move bits toward their destination

Challenges to Open Standards







Role of proprietary or patented software included in open
standards — what are the licensing requirements?
Extension of open standards into proprietary standards
Non-open processes for developing standards
Impact of differing corporate strategies on standards’ development
Adding functionality to the core of the network to enhance
particular applications, e.g., streaming media
Filters, firewalls, set-top boxes...

Open Source Software




Internet runs on open source software: Sendmail/Apache/BIND
Definitions of “open source” differ, although all provide access to
source code
Advantages
–



Inexpensive, flexible, customizable, extended development
community, efficient feedback loop, decreased switching costs

Disadvantages
–

Lack of documentation and support, no mechanism for prioritizing
development

Challenges to Open Source Software






Business model
Intellectual property rights and incentives for development
Security
Role of governments

Open Access to Networks




Regulations driven by fear of monopolists leveraging their power
into adjacent markets
Promotes competition in ISPs, video delivery, and content
Lessons from the wireline, cable and wireless markets
–
–
–

Regulation of common carriers provides a model
Superior business model reduced opposition by cable operators
DoCoMo unlocks the "walled garden" in wireless

Challenges to Open Access to Networks







Leverage remains tempting
Content-conduit split?
Voluntary open access avoids difficult regulatory issues
Will open access survive deregulation of wireline broadband
services?
Continued existence of non-discrimination requirements?

Open Spectrum


Evolution of spectrum management from “command and control”
–
–
–



From analog to digital
Economic value of spectrum recognized via auctions
From dumb receivers to smart radios

The Rise of the Junk bands
–
–
–

–

Growth in unlicensed devices (licensed by compliance)
Interoperability
Hotbed of innovation — 802.11x
New source of wireless broadband Internet access

Open Spectrum (cont’d)


From spectrum scarcity to spectrum abundance
–
–



Dedicated spectrum vs. opportunistic spectrum
Unlicensed bands

Synthetic spectrum
–
–
–
–

–

Adaptive (software-defined) radios
Ultrawideband
Underlays
Digital communications techniques
More users creating more bandwidth?

Challenges to Open Spectrum








Interference
Expanding the unlicensed bands
Developing “rules of the road” and enforcing them
Business model
Relationship with licensees of dedicated spectrum — will the past
rule the future?
Privatization of the spectrum
–
–

Trespass vs. underlay rights
Can privatization and the “commons” coexist?

Open Availability of Information — Intellectual
Property Rules


Rights in conflict
–
–

Limited monopolies to spur creation
Rights of users






First Sale doctrine
Fair Use
Innovation — we’re standing “on the shoulders of giants”

Digital goods and the Internet threaten the status quo
–
–
–

Copies are not degraded
Virtually free copying and distribution
Peer to peer

Open Availability of Information — Intellectual
Property Rules (cont’d)


The Digital Millennium Copyright Act (DMCA)
–
–
–



Recognizes rights in digital content
Criminalizes anti-circumvention
Impact on Fair Use and First Sale doctrines, security research

Digital rights management (DRM)
–
–

Non-printable e-books, exploding CDs, limited utility media
Government action invoked




Hollings — all digital media to include government-designated DRM
Berman — self–help authorized against peer to peer networks
Broadcast flag and analog hole

Open Availability of Information — Issues Regarding
Intellectual Property








What is the appropriate balance among rights of creators, rights
holders, users? How can DRM (technology) and user rights (law)
coexist?
Access vs. publication?
Who bears responsibility for protection and enforcement?
Role of consumer education, technology, law?
Impact on general computing model?
Impact on innovation?

Open Availability of Information —
"Harmful" Information


Many different views of what is harmful
–
–



Information that affects security
–



Web-based maps of hazardous materials’ diffusion patterns

Spam
–



Pornography, hate speech, sedition
Gambling, selling prescription drugs online

Whitelists

Who should control content?
–
–
–

Individuals
Intermediaries
Governments

Open Governance


Rise of extraterritoriality
–
–



Government interest increases as Internet's importance increases
–
–



Governments “have no sovereignty where we gather”
“Borderless” Internet becoming “bordered” Internet, regulated by
“borderless” laws
Maintaining control in the world of atoms
Protecting and promoting own values and legal system

Possible responses
–
–
–
–
–

Harmonization
Treaties
Interoperability
Digital IDs
Private governance

Open Governance (cont’d)


Private Governance
–
–
–
–



Multilateral
Government delegation — Council of Europe
Self-regulation/co-regulation — GBDe, TRUSTe
Code

Legitimacy gap
–
–

–

Representativeness
Transparency
Accountability

For Further Information

Elliot E. Maxwell
[email protected]


Slide 19

Openness and the Internet:
A Study in Internet Policy

Elliot Maxwell
World Bank
November 20, 2002

Copyright © Elliot E. Maxwell 2002

Openness






A central characteristic of the Internet
Anyone can connect to anyone and anything
Definition of openness differs in various domains
What is the preferable level of openness in each domain?

Certain Aspects of Openness








Open standards
Open source software
Open access to networks
Open spectrum
Open availability of information
Open governance

Open Standards





Internet built on open standards: TCP/IP, HTML, HTTP
Interoperability — critical to Internet growth
Open standards developed through the Internet Engineering Task
Force's open processes
IETF test — does the standard run code on disparate devices?

End to End Design Principle




Intelligence at the edge of the network
No centralized control of applications or information
Best efforts to move bits toward their destination

Challenges to Open Standards







Role of proprietary or patented software included in open
standards — what are the licensing requirements?
Extension of open standards into proprietary standards
Non-open processes for developing standards
Impact of differing corporate strategies on standards’ development
Adding functionality to the core of the network to enhance
particular applications, e.g., streaming media
Filters, firewalls, set-top boxes...

Open Source Software




Internet runs on open source software: Sendmail/Apache/BIND
Definitions of “open source” differ, although all provide access to
source code
Advantages
–



Inexpensive, flexible, customizable, extended development
community, efficient feedback loop, decreased switching costs

Disadvantages
–

Lack of documentation and support, no mechanism for prioritizing
development

Challenges to Open Source Software






Business model
Intellectual property rights and incentives for development
Security
Role of governments

Open Access to Networks




Regulations driven by fear of monopolists leveraging their power
into adjacent markets
Promotes competition in ISPs, video delivery, and content
Lessons from the wireline, cable and wireless markets
–
–
–

Regulation of common carriers provides a model
Superior business model reduced opposition by cable operators
DoCoMo unlocks the "walled garden" in wireless

Challenges to Open Access to Networks







Leverage remains tempting
Content-conduit split?
Voluntary open access avoids difficult regulatory issues
Will open access survive deregulation of wireline broadband
services?
Continued existence of non-discrimination requirements?

Open Spectrum


Evolution of spectrum management from “command and control”
–
–
–



From analog to digital
Economic value of spectrum recognized via auctions
From dumb receivers to smart radios

The Rise of the Junk bands
–
–
–

–

Growth in unlicensed devices (licensed by compliance)
Interoperability
Hotbed of innovation — 802.11x
New source of wireless broadband Internet access

Open Spectrum (cont’d)


From spectrum scarcity to spectrum abundance
–
–



Dedicated spectrum vs. opportunistic spectrum
Unlicensed bands

Synthetic spectrum
–
–
–
–

–

Adaptive (software-defined) radios
Ultrawideband
Underlays
Digital communications techniques
More users creating more bandwidth?

Challenges to Open Spectrum








Interference
Expanding the unlicensed bands
Developing “rules of the road” and enforcing them
Business model
Relationship with licensees of dedicated spectrum — will the past
rule the future?
Privatization of the spectrum
–
–

Trespass vs. underlay rights
Can privatization and the “commons” coexist?

Open Availability of Information — Intellectual
Property Rules


Rights in conflict
–
–

Limited monopolies to spur creation
Rights of users






First Sale doctrine
Fair Use
Innovation — we’re standing “on the shoulders of giants”

Digital goods and the Internet threaten the status quo
–
–
–

Copies are not degraded
Virtually free copying and distribution
Peer to peer

Open Availability of Information — Intellectual
Property Rules (cont’d)


The Digital Millennium Copyright Act (DMCA)
–
–
–



Recognizes rights in digital content
Criminalizes anti-circumvention
Impact on Fair Use and First Sale doctrines, security research

Digital rights management (DRM)
–
–

Non-printable e-books, exploding CDs, limited utility media
Government action invoked




Hollings — all digital media to include government-designated DRM
Berman — self–help authorized against peer to peer networks
Broadcast flag and analog hole

Open Availability of Information — Issues Regarding
Intellectual Property








What is the appropriate balance among rights of creators, rights
holders, users? How can DRM (technology) and user rights (law)
coexist?
Access vs. publication?
Who bears responsibility for protection and enforcement?
Role of consumer education, technology, law?
Impact on general computing model?
Impact on innovation?

Open Availability of Information —
"Harmful" Information


Many different views of what is harmful
–
–



Information that affects security
–



Web-based maps of hazardous materials’ diffusion patterns

Spam
–



Pornography, hate speech, sedition
Gambling, selling prescription drugs online

Whitelists

Who should control content?
–
–
–

Individuals
Intermediaries
Governments

Open Governance


Rise of extraterritoriality
–
–



Government interest increases as Internet's importance increases
–
–



Governments “have no sovereignty where we gather”
“Borderless” Internet becoming “bordered” Internet, regulated by
“borderless” laws
Maintaining control in the world of atoms
Protecting and promoting own values and legal system

Possible responses
–
–
–
–
–

Harmonization
Treaties
Interoperability
Digital IDs
Private governance

Open Governance (cont’d)


Private Governance
–
–
–
–



Multilateral
Government delegation — Council of Europe
Self-regulation/co-regulation — GBDe, TRUSTe
Code

Legitimacy gap
–
–

–

Representativeness
Transparency
Accountability

For Further Information

Elliot E. Maxwell
[email protected]


Slide 20

Openness and the Internet:
A Study in Internet Policy

Elliot Maxwell
World Bank
November 20, 2002

Copyright © Elliot E. Maxwell 2002

Openness






A central characteristic of the Internet
Anyone can connect to anyone and anything
Definition of openness differs in various domains
What is the preferable level of openness in each domain?

Certain Aspects of Openness








Open standards
Open source software
Open access to networks
Open spectrum
Open availability of information
Open governance

Open Standards





Internet built on open standards: TCP/IP, HTML, HTTP
Interoperability — critical to Internet growth
Open standards developed through the Internet Engineering Task
Force's open processes
IETF test — does the standard run code on disparate devices?

End to End Design Principle




Intelligence at the edge of the network
No centralized control of applications or information
Best efforts to move bits toward their destination

Challenges to Open Standards







Role of proprietary or patented software included in open
standards — what are the licensing requirements?
Extension of open standards into proprietary standards
Non-open processes for developing standards
Impact of differing corporate strategies on standards’ development
Adding functionality to the core of the network to enhance
particular applications, e.g., streaming media
Filters, firewalls, set-top boxes...

Open Source Software




Internet runs on open source software: Sendmail/Apache/BIND
Definitions of “open source” differ, although all provide access to
source code
Advantages
–



Inexpensive, flexible, customizable, extended development
community, efficient feedback loop, decreased switching costs

Disadvantages
–

Lack of documentation and support, no mechanism for prioritizing
development

Challenges to Open Source Software






Business model
Intellectual property rights and incentives for development
Security
Role of governments

Open Access to Networks




Regulations driven by fear of monopolists leveraging their power
into adjacent markets
Promotes competition in ISPs, video delivery, and content
Lessons from the wireline, cable and wireless markets
–
–
–

Regulation of common carriers provides a model
Superior business model reduced opposition by cable operators
DoCoMo unlocks the "walled garden" in wireless

Challenges to Open Access to Networks







Leverage remains tempting
Content-conduit split?
Voluntary open access avoids difficult regulatory issues
Will open access survive deregulation of wireline broadband
services?
Continued existence of non-discrimination requirements?

Open Spectrum


Evolution of spectrum management from “command and control”
–
–
–



From analog to digital
Economic value of spectrum recognized via auctions
From dumb receivers to smart radios

The Rise of the Junk bands
–
–
–

–

Growth in unlicensed devices (licensed by compliance)
Interoperability
Hotbed of innovation — 802.11x
New source of wireless broadband Internet access

Open Spectrum (cont’d)


From spectrum scarcity to spectrum abundance
–
–



Dedicated spectrum vs. opportunistic spectrum
Unlicensed bands

Synthetic spectrum
–
–
–
–

–

Adaptive (software-defined) radios
Ultrawideband
Underlays
Digital communications techniques
More users creating more bandwidth?

Challenges to Open Spectrum








Interference
Expanding the unlicensed bands
Developing “rules of the road” and enforcing them
Business model
Relationship with licensees of dedicated spectrum — will the past
rule the future?
Privatization of the spectrum
–
–

Trespass vs. underlay rights
Can privatization and the “commons” coexist?

Open Availability of Information — Intellectual
Property Rules


Rights in conflict
–
–

Limited monopolies to spur creation
Rights of users






First Sale doctrine
Fair Use
Innovation — we’re standing “on the shoulders of giants”

Digital goods and the Internet threaten the status quo
–
–
–

Copies are not degraded
Virtually free copying and distribution
Peer to peer

Open Availability of Information — Intellectual
Property Rules (cont’d)


The Digital Millennium Copyright Act (DMCA)
–
–
–



Recognizes rights in digital content
Criminalizes anti-circumvention
Impact on Fair Use and First Sale doctrines, security research

Digital rights management (DRM)
–
–

Non-printable e-books, exploding CDs, limited utility media
Government action invoked




Hollings — all digital media to include government-designated DRM
Berman — self–help authorized against peer to peer networks
Broadcast flag and analog hole

Open Availability of Information — Issues Regarding
Intellectual Property








What is the appropriate balance among rights of creators, rights
holders, users? How can DRM (technology) and user rights (law)
coexist?
Access vs. publication?
Who bears responsibility for protection and enforcement?
Role of consumer education, technology, law?
Impact on general computing model?
Impact on innovation?

Open Availability of Information —
"Harmful" Information


Many different views of what is harmful
–
–



Information that affects security
–



Web-based maps of hazardous materials’ diffusion patterns

Spam
–



Pornography, hate speech, sedition
Gambling, selling prescription drugs online

Whitelists

Who should control content?
–
–
–

Individuals
Intermediaries
Governments

Open Governance


Rise of extraterritoriality
–
–



Government interest increases as Internet's importance increases
–
–



Governments “have no sovereignty where we gather”
“Borderless” Internet becoming “bordered” Internet, regulated by
“borderless” laws
Maintaining control in the world of atoms
Protecting and promoting own values and legal system

Possible responses
–
–
–
–
–

Harmonization
Treaties
Interoperability
Digital IDs
Private governance

Open Governance (cont’d)


Private Governance
–
–
–
–



Multilateral
Government delegation — Council of Europe
Self-regulation/co-regulation — GBDe, TRUSTe
Code

Legitimacy gap
–
–

–

Representativeness
Transparency
Accountability

For Further Information

Elliot E. Maxwell
[email protected]