The new organization called Coalition for ICANN Transparency (CFIT) has filed a lawsuit against ICANN and VeriSign in order to stop implementation of the proposed .com registry agreement. According to its description, "CFIT is a not-for-profit Delaware corporation based in Washington, D.C. CFIT’s supporters include individuals, organizations, institutions and companies who are committed to the core principles on which ICANN, the internet governing body is founded." more
The basic problem posed by WSIS was the role of national governments and national sovereignty in global Internet governance. That conflict remains completely unresolved by the WSIS document. The document's thinking is still based on the fiction that there is a clear divide between "public policy" and the "day to day operation" of the Internet, and assumes that governments should be fully in control of the policy-setting function. Moreover, new organizational arrangements are being put into place which will carry on that debate for another 5 years, at least. The new Internet Governance Forum is a real victory for the civil society actors, but also fails to resolve the basic issue regarding the role of governments and sovereignty. Although called for and virtually created by civil society actors, the language authorizing its creation asks to involve all stakeholders "in their respective roles." In other words, we still don't know whether this Forum will be based on true peer-peer based interactions among governments, business and civil society, or whether it will reserve special policy making functions to governments. more
Doc Searls has written a brilliant piece framing the battle for the 'Net at Linux Journal. The piece is long, but if you take the time to read just one essay on the 'Net and the politics surround it this year, read this one. If you're involved in public policy, it's especially important that you take the time to understand what's at stake here. One of Doc's main points: we haven't framed the conversation correctly and our poor choice of words makes the argument seem overly technical and arcane when it's really about freedom, markets, and innovation. more
The UN Secretary-General has been invited to "convene a new forum for multi-stakeholder policy dialogue." Everyone can see his/her hearts' desires in the WSIS deal: ICANN can believe that it has survived for another day; governments can believe that they will have "an equal role and responsibility for international Internet governance"; and there will be an enormous meeting in Greece by the second quarter of 2006 to start the Internet Governance Forum going. more
There is considerable coverage this morning (or this evening in Tunis) on the last minute WSIS deal struck yesterday. The gist of the coverage rightly reports that the U.S. emerged with the compromise they were looking for as the delegates agreed to retain ICANN and the ultimate U.S. control that comes with it (note that there is a lot in the WSIS statement that may ultimately prove important but that is outside the Internet governance issue including the attention paid to cybercrime, spam, data protection, and e-commerce). This outcome begs the questions -- what happened? And, given the obvious global split leading up to Tunis, what changed to facilitate this deal? more
I'm in Tunis at the World Summit on the Information Society (WSIS), where the biggest debate is over the future of "Internet Governance." The final text for this was agreed upon about 30 minutes ago. The two quick sounds bites are that (1) the US and the US based Internet Corporation for Domain Names and Numbers (ICANN) retain, for now, control over the most important aspects of the global Internet Domain Name System (DNS), and (2) the conversation over this issue and a surprisingly broader governance agenda is continuing, under the United Nations. more
I'm sure this is something that's been raked over before, but I don't see a common understanding of what 'Net Neutrality' actually is. Despite many of the Internetorati demanding it by law. There appear to be several different camps, which you could paint as "bottom of IP", "middle" and "top". The bottomistas would see enforced Internet Protocol itself as a premature optimisation and violation of the end-to-end principle. Unhappy that you only get IPv4 or IPv6? Still grumpy that you only have IPv4 and not even IPv6? Really miserable that your VoIP packets are staggering under the poisonous load of IPv6 headers? You're a bottomista. more
There's talk that in the battle between the USA and Europe over control of ICANN, which may come to a head at the upcoming World Summit on the Information Society in Tunis, people will seriously consider "splitting the root" of DNS. I've written a fair bit about how DNS works and how the true power over how names get looked up actually resides with hundreds of thousands of individual site administrators. However, there is a natural monopoly in the root. All those site admins really have to all do the same thing, or you get a lot of problems, which takes away most of that power. Still, this is an interesting power struggle. more
Having just arrived in Tunis for the WSIS, my weekly Law Bytes column (Toronto Star version, freely available version) focuses on the Internet governance issues that are likely to dominate discussions all week. I argue that claims about a "digital Munich" and a U.N. takeover are not helpful to arriving at an appropriate solution (though based on discussions this morning it does not appear that things are moving very far away from such claims). more
The advance teams are already gathered in Tunisia ahead of next week's second phase of the World Summit on the Information Society, and those of us on the press list are being deluged with announcements, releases, notices and invitations to meetings. The meeting, which runs from 15-18 November, is an opportunity to look at the progress that has been made since December 2003, when representatives and heads of state gathered in Geneva. more
In a U.S. congress hearing held yesterday November 9th, significant focus was projected on "network neutrality" and a new telecommunications bill affecting the Internet. "This bill could fundamentally alter the fabulously successful end-to-end Internet," says Alan Davidson in the post on Google blog. Vint Cerf was not able to testify because of the Presidential Medal of Freedom award ceremony at the White House, but submitted the following letter to the hearing... more
Have you ever thought of how reputation is created in cyberspace? Beth Noveck wrote an article, 'Trademark Law and the Social Construction of Trust: Creating the Legal Framework for On-Line Identity' in which she argues that, to determine what rules should govern on-line identity, we should look to trademark law, which has the best set of rules to deal with the way reputation is created in cyberspace. more
I confess, I don't get it. Much has been written about the apparent desire by the United Nations, spurred by China, Cuba, and other informationally repressive regimes, to "take control of the Internet." Oddly, the concrete focus of this battle -- now the topic of a Senate resolution! -- is a comparatively trivial if basic part of Net architecture: the domain name system. The spotlight on domain name management is largely a combination of historical accident and the unfortunate assignment of country code domains like .uk and .eu, geographically-grounded codes that give the illusion of government outposts and control in cyberspace. more
I've often said that ICANN regulates the business of buying and selling of domain names and that ICANN's claim that it coordinates technical matters to preserve the stability of DNS is a fantasy. Well I am proven wrong. ICANN has done something technical. ICANN has issued Guidelines for the Implementation of Internationalized Domain Names, Draft Version 2 [PDF] (pending approval by the ICANN board.) It's only four pages long, but those few pages contain a lot of significant material. more
United Nations Secretary General Kofi Annan, writing in The Washington Post, declared that it is a "mistaken notion" that the U.N. "wants to 'take over,' police or otherwise control the Internet." Unfortunately, neither the World Summit on the Information Society (WSIS), the WSIS' Working Group on Internet Governance (WGIG) or the Secretary General's column give comfort to those committed to cyber-freedom. more
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