Ann Marie Plubell, CEO

The Plubell Firm

East-West Business Bridge

JD, LLM, MBA

Law Ecosystem IPv6 Success

安 玛莉

普鲁贝尔咨询公司 - 中西文化商务之桥梁律师，法学博士， 工商管理硕士

高级企业顾问

Copyright 2012

All rights reserved.

11th April 2012

Beijing China

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The Plubell Firm

Gateway Router and Bridge to translate law:

– IPv4 policy to IPv6 policy

– China to US

– Business to Government

Clients include government, Internet enterprises, and international NGOs

Vice Chair, US-ABA China Law Committee (ABA=450,000 lawyers)

Support research, preservation and protection of the Giant Panda at WoLong, Sichuan, China

www.plubellfirm.com

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Agenda

Where We are Now — The Past Predicts the Future

Law and Government Policy

Legal Traps for the Unwary on the Way to IPv6 Business Opportunity

Legal Environment for IPv6 Success

China Can Lead the Way

Timeline and Next Steps

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IPv4 is Hou Hai Lake

IPv4 4.5 billion IP Addresses

IPv6 is All the World’s Oceans

IPv6 2 to the 128th power of IP Addresses

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Crossing the River Stone by Stone: 摸着石头过河

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The Past Predicts the Future

Internet users as percentage of population

1969: First two nodes of what would

become the ARPANET were interconnected.

1969: First two nodes of what would

become the ARPANET were interconnected.

1982: Internet Protocol Suite (TCP/IP) standardized / world-wide network of fully interconnected TCP/IP networks

called the Internet was introduced.

1982: Internet Protocol Suite (TCP/IP) standardized / world-wide network of fully interconnected TCP/IP networks

called the Internet was introduced.

mid-1990s : Internet has a tremendous impact on culture and commerce.

mid-1990s : Internet has a tremendous impact on culture and commerce.

1994 : China joins the Internet.1994 : China joins the Internet.

The development of Internet

2003 : Chinese government : CNGI (China Next Generation Internet)

2003 : Chinese government : CNGI (China Next Generation Internet)

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The Past Predicts the Future

Number of IPv4 address being used in China

Like Moore’s law, IP address uptake accelerates

What will happen to IPv6IPv6?

Moore’ law or More fast?

What will happen to IPv6IPv6?

Moore’ law or More fast?

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China Policy

March 27, 2012

National Development and Reform Commission (NDRC) Report

Renewed Commitment and funding for full IPv6 by 2014

– China 513 million Internet users (38.3% of population)

– BUT only has 332 million Ipv4 addresses

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United States Policy

2008 United States Department of Defense (DOD)

– IPv6 Standard Profiles for IPv6 Capable Products v.3

2010 DOD, NASA, General Services Administration (GSA)

– new rules for Federal Acquisition Process and IPv6 capability

2012 Goal: Office of Management and Budget (OMB)

– ALL federal agency network backbones to support IPv6

National Institute of Standards and Technology (NIST)

– Policy Declaration set up to certify IPv6 acquisition as IPv6 compliant or IPv6 capable

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Some US Federal IPv6 Contracts During Past 12 Months

$3.8 million contract awarded for task order to support DOD IPv6 Transition Office

$24, 548,433 contract for advanced metering infrastructure with IPv6 capability

$9,990,048 contract awarded for installation of systems including IPv6 routers

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European Union Policy and Privacy Yin Yang 阴 ·阳

EU recognizes Fundamental Human Right to be Forgotten

1995 European Data Protection Directive (EDPD)

2012 proposal for European Data Protection Regulation

– Supersedes EDPD

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US and Privacy /Security Tension Yin and Yang 阴 ·阳 US Constitution recognizes Right to Privacy

1994 Communications Assistance for Law Enforcement Act-CALEA

– Warrantless search of telecom and Internet and real time monitoring

– ISP must comply

– Secret - No notice to the observed

2004-07 VoIP and Broadband Internet included

– 62% expansion in government use since enactment

CALEA Hugely controversial will go to US Supreme Court

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“ You Cannot Catch Tigers Without Entering the Tiger’s Den”不入虎穴，焉得虎仔

Local/Provincial IPv6 Next Generation Internet Networks Improve Quality of Life

Health Care and Common Shared databases

Private Sector Wal-Mart-world’s largest retailer could use RFID-IPv6

Legal Services Sector-$650 billion of global GDP by 2015 could use “Smart” paper, IPsec always on

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“One Cannot Talk to Summer Insects About the Ice”夏虫不可语冰者，笃于时也

Because of 2007-08 recession, the government holds Board of Directors of publicly and privately tradable companies accountable for Risk Decisions and Disclosures

Be aware of shifts in legal and policy focus

Example: US Securities and Exchange Commission (SEC)

April, 2012 Meetings with Boards of Directors of Goldman Sachs, J.P. Morgan, and others

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Competitors: “The Mantis Stalks the Cricket-The Oriole Eyes the Mantis” 螳螂捕蝉，黄雀在后

Don’t forget the local Competitor who will eat you

Have your own legal team in the country capital

Example:

Chinese Company tries to buy failing US company Good plan, Law seemed to be on their sides, WTO support

Large US corporation wanted same target generates Congressional attention-suspicion

Chinese company had no credible voice in the capital

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“Don’t Wait Until You are Thirsty to Build a Well”临渴掘井，悔之何及

Law as an element of design for IPv6 business development at early stages

Build-in legal protections and defense as business moves across borders

Consider all aspects of law

– IPv6 traffic and Taxation

– IPv6 invention, innovation and Intellectual Property

– IPv6 disagreements and Dispute Resolution

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Favorable Time to Promote IPv6 Enterprise

Future for rapid commercialization is good

Only limit is the imagination

Cloud cost-saving credibility proven business model

Economic Environment in US favorable

Government support is committed

Technical Challenges are Addressed

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China Can Show the Way

Use Local Law to Achieve Global Goal

US Leadership Model

ICANN a non-profit, California corporation with a transparent, independent international board elected by world’s regions and driven by bottom-up consensus decision model inclusive of the diversity of global Internet community

China can lead in the same way for IPv6 www.plubellfirm.com

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Next Steps and Timeline

June 6, 2012 World IPv6 Launch! Join in!

Start an IPv6 Business model today could be implemented in 6-9 months!

Go forward with Confidence

www.plubellfirm.com

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Congratulations Wishes for Rapid Success!

The Plubell Firm

East-West Business Bridge

普鲁贝尔咨询公司 中西文化商务之桥梁 Thanks and appreciation to Guo

Xinran, He Tiantian, Li Hongyu

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