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Slippery Territory: IOC and Red Cross in the New gTLD Program

We know from life: There is no rule without exception. The problem is, exceptions create space for interpretations and have the risk to undermine the rule. Take Article 19 of the International Covenant on Political and Civil Rights from 1966. Article 19, paragraphs 1 and 2 define the individual right to freedom of expression. Paragraph 3 adds some exceptions where this right can be restricted to protect, inter alia, national security and public order. This is an understandable justification for a restriction, but it opens the door for misuse... more

Tony La Russa’s Legal Claims Against Twitter Look Tenuous

It was bound to happen of course - someone sued Twitter for not verifying a "celebrity" or brand account. Mashable reports on a lawsuit brought by Tony La Russa, who is apparently a manager for the St. Louis Cardinals baseball team. Mashable and others initially reported that La Russa and Twitter had resolved this one. It turns out they haven't after all. So what to make of Mr. La Russa's claims? more

Breaking the Internet HOWTO: The Unintended Consequences of Governmental Actions

"Breaking the Internet" is really hard to do. The network of networks is decentralized, resilient and has no Single Point Of Failure. That was the paradigm of the first few decades of Internet history, and most people involved in Internet Governance still carry that model around in their heads. Unfortunately, that is changing and changing rapidly due to misguided government intervention. more

Appeals Court Revives the CFIT Anti-Trust Suit Against VeriSign

Back in 2005 an organization called the Coalition for Internet Transparency (CFIT) burst upon the scene at the Vancouver ICANN meeting, and filed an anti-trust suit against VeriSign for their monopoly control of the .COM registry and of the market in expiring .COM domains. They didn't do very well in the trial court, which granted Verisign's motion to dismiss the case. But yesterday the Ninth Circuit reversed the trial court and put the suit back on track. more

Understand the Value of Defensive Domain Registrations

The bulk of corporate domain portfolios largely consist of defensive registrations which often include common misspellings, product names, and abbreviations in countries where they may not even be doing business. More than ever, with the launch of new generic Top-Level Domains (gTLDs) expected to occur next year, companies are now taking a hard look at their defensive holdings and asking themselves whether or not they really need all of these registrations. more

IPv6: Do as I Say or Do as I Do?

How important is it for a vendor, service provider or integrator to be using a service or technology that it is pushing on its clients? When Voice over IP (VoIP) came out Cisco began a gigantic push, having its salespersons pitch it to anyone and everyone on their client list. But Cisco had not yet deployed VoIP within its own corporate network. It was still making use of traditional voice systems from vendors that today it probably considers competitors. Many people on the receiving end of a sales pitch recognized this... more

The WSIS Deal

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

Sailing Backwards: WSIS 10+ Avoids Entering Uncharted Territory

Early August 2014 the UN General Assembly agreed on the procedures how to review the results of the UN World Summit on the Information Society (WSIS) from 2005. According to the draft resolution, the WSIS 10+ event will be a high level intergovernmental meeting in New York in December 2015. This meeting will adopt an "intergovernmental agreed outcome document"... The outcome document will be negotiated by governments in an "intergovernmental negotiation process". Non-governmental stakeholders from the private sector, civil society and technical community will be invited for "informal interactive consultation" in a parallel process. Wait a minute? What are "informal interactive consultations" in a parallel process? more

No Free Super WiFi, But the US Still Needs Improved WiFi Coverage

The FCC has long battled for a more efficient deployment of unused spectrum, endeavouring to adapt rules governing 'white space' TV spectrum (largely gifted to broadcasters years ago, and generally in the 700MHz band) to newly released spectrum (in the 600MHz band). This will considerably improve wireless broadband coverage where it is needed most... Certainly, in the US's disjointed broadband sector there are considerable challenges ahead... more

Domain Name Registry-Registrar Vertical Separation: The Economic, Anti-Trust Red Herring

ICANN has operated on the fundamental principle that there should be separation within the domain name marketplace between registries (wholesale) and registrars (retail). This fundamental principle has been a pillar upon which ICANN has provided registrants (consumers) with increased choice, innovation, and price savings. Therefore it was with great surprise when ICANN staff unilaterally undertook this initial vertical separation analysis through exclusive consultation with ICANN contracting parties (registrars and registries), while totally excluding non-contracting parties (individual, business and non-commercial registrants)... more

I Never Signed Up for This! Privacy Implications of Email Tracking

What happens when you open an email and allow it to display embedded images and pixels? You may expect the sender to learn that you've read the email, and which device you used to read it. But in a new paper we find that privacy risks of email tracking extend far beyond senders knowing when emails are viewed. Opening an email can trigger requests to tens of third parties, and many of these requests contain your email address. more

Internet Governance and the Universal Declaration of Human Rights, Part 8: Articles 22-25

This article is Part 8 of the series of articles discussing human rights in the digital age and published here on CircleID.2 When we commenced this analysis of the UDHR, and the relevance of its principles to our rights and duties within the Internet ecosystem, we committed ourselves to work through the UDHR one Article at a time. With this Part 8 we are four-fifths through that task. more

DotConnectAfrica Trust Response to John Jeffrey’s ICANN Legal Blog Posting

The attention of DotConnectAfrica Trust (DCA Trust) has been drawn to a recent blog posting by John Jeffrey, the ICANN General Counsel and Company Secretary, who wrote to clarify what he termed as "misinformation and erroneous reporting that have framed parts of the discussion" regarding the recent DCA vs. ICANN IRP Final Declaration. As we can't see a way of making comments on his blog, DCA Trust as a directly affected party, will respond to the issues Mr. Jeffrey has advanced... more

Discussion at the Internet Governance Forum in Geneva

While travelling home from Geneva, I was thinking quite a lot on the relationship between a ccTLD (registry) and a Country. This is because many countries are starting to talk louder and louder about the responsibilities Countries have on critical infrastructure, or (possibly more important) the management of the critical infrastructure. Will for example any (none?) of ccTLD operators (servers) sustain a denial of service attack of a scale similar to the attack on the root servers? What can ccTLD operators do to resist the malicious attacks? Should this be discussed? more

The Digital Geneva Convention Exists: Just Use It

It is one of those surreal, ironic moments in time. This coming week, an event called the Internet Governance Forum (IGF) 2017 will be held at Geneva in the old League of Nations headquarters now known as the Palais des Nations. On its agenda is a workshop to discuss "A Digital Geneva Convention to protect cyberspace." If the IGF participants, as they enter the Palais grounds, simply look in the opposite direction south across the Place des Nations, they would see 100 meters away, a glass cube building provided by the Republic and Canton of Geneva. more

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