mark nottingham

Tech Regulation

Platform Advantages: Not Just Network Effects

A new book explores an intriguing idea: that there are core processes in some platforms that naturally tilt the table towards being implemented in a single company.

On Opting Out of Copyright

The EU AI Act and emerging practice flip copyright’s default opt-in regime to an opt-out one. What effects is this likely to have on the balance of power between rights holders and reuse?

Modularity: Enabling Interoperability and Competition

Mandated interoperability is often highlighted as a way to improve competition on the Internet. However, most of the interoperability we see there today was established voluntarily: mandating it is relatively uncharted territory, with many potential pitfalls.

No One Should Have That Much Power

It’s a common spy thriller trope. There’s a special key that can unlock something critical – business records, bank vaults, government secrets, nuclear weapons, maybe all of the above, worldwide.

Considerations for AI Opt-Out

Creating a Large Language Model (LLM) requires a lot of content – as implied by the name, LLMs need voluminous input data to be able to function well. Much of that content comes from the Internet, and early models have been seeded by crawling the whole Web.

There Are No Standards Police

No one requires tech companies or open source projects to use most Internet standards, and no one requires people to use them either. This post explains why the voluntary nature of its standards are critical to the Internet's health.

RFC 9518 - What Can Internet Standards Do About Centralisation?

RFC 9518: Centralization, Decentralization, and Internet Standards has been published after more than two years of review, discussion, and revision.

Technical Standards Bodies are Regulators

There are lots of ways to view what Internet standards bodies like the IETF and W3C do. This post examines them as a type of regulator and explores what that means for how they operate.

How we Build Platforms

I’m fascinated by the Metaverse. Not because I want to use that steaming pile of legless avatars, but because it’s the latest prominent attempt to establish a new platform. As Mark Zuckerberg said in internal emails about it:

What I Learned in Law School

In the last decade or so, it’s become increasingly apparent that the Internet is going to be subject to more legal regulation. Because it’s a global network, this is tricky; fragmentation risk grows if regulation isn’t consistent between jurisdictions. And of course, there are all the other pitfalls of regulation — it’s difficult to agree on societal goals, much less change working systems to meet those goals without ill effect.

A Safer, More Centralised Australian Internet

There are many potential criticisms of the Online Safety Act 2021 (Cth)1. While my own concerns are mostly about whether there are appropriate checks and balances on the eSafety Commissioner’s powers, I will give credit where due; the current Commissioner’s implementation of it has – so far – demonstrated nuance and thoughtful balancing of the legislation’s goals with the preservation and enhancement of the unique properties that make the Internet so valuable to society. See, eg, ‘Explainer: The Online Safety Bill’, Digital Rights Watch. ↩

How the Next Layer of the Internet is Going to be Standardised

A big change in how the Internet is defined - and who defines it - is underway.