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Are the TISA Trade Talks a Threat to Net Neutrality, Data Protection, or Privacy?

On December 17th a US proposal for online commerce in a major trade negotiation, the Trade in Services Agreement ("TISA") leaked. A flurry of press releases and opinion pieces claim that TISA is a threat to the Internet. The headlines are lurid: "TISA leak: EU Data Protection and Net Neutrality Threatened" and "Leaked TISA text exposes US threat to privacy, civil rights"... Because I've spent years in Geneva regularly meeting with and advising negotiators on the networked economy I have a very different perspective. more

Rationale for New gTLD Applicant Auctions to Resolve String Contentions

As Ray King emphasized in his post on private auctions, "[m]ost importantly, let's get moving -- private auction makes business sense, provides clarity and speeds the process for everyone." In the "get moving" spirit, I wish to answer a number of questions that I am frequently asked about private auctions in general and the Applicant Auctions in particular. more

ICANN’s .IR Response Opens Legal Can of Worms

ICANN has filed its initial response to writs of attachment issued by U.S. Courts that seek to have ICANN transfer control of the country code top level domains (ccTLDs) of Iran, Syria and North Korea to plaintiffs in various legal actions. The lawsuits were brought under a U.S. law that permits victims of terrorism and their family survivors to seek the assets of governments that provided support or direction of the terrorist acts. more

From Wikileaks of 2012 to Snowden’s NSA Leaks of 2013: Implications for Global Internet Governance

2012 will always be remembered as the Year of Wikileaks. Similarly, 2013 shall also be remembered as the year that Edward Snowden, a computer security specialist and former CIA employee and National Security Agency contractor, leaked classified information regarding the NSA global surveillance programs. Whilst Wikileaks was about US diplomatic cables, the Edward Snowden disclosure of classified NSA information to private media organizations such as the UK Guardian newspaper has had graver implications for global Internet privacy. more

The Biggest gTLD Problem Has Just Appeared on the Horizon

A letter sent earlier this month by the ICANN Board to the Governmental Advisory Committee (GAC) should cause every new gTLD applicant's ears to prick up. Having been through every one of the applications for 1,396 different Internet extensions, the world's governments not only issued formal warnings for 199 of them, but also asked what mechanisms were in place to make sure that people did what they said they would in their applications. more

“Requiescat in Pace” - the new .RIP Generic Top-Level Domain

I thought "RIP" stood for "Rest In Peace". I thought it was an acronym used in English only and a TLD that would be understood by the next generation; because no one would ever register such a domain name ending in .RIP today. When you say "RIP", it makes you think of death... I have also said that such a TLD was something... typically American and that no other culture would consider buying such domain names because promoting death online is something a bit odd. more

Outcome of UK IGF 2014 As I Saw It

The UK IGF was held on 1st July 2014 at St. Ermin's hotel, London, England. The Nominet Chair Baroness Rennie Fritchie gave the sponsor's welcoming remarks. She said "The IGF provides an opportunity for discussion, dialogue, divergent views, and encourages people to speak-up". The event had about 50 participants. The Minister for Culture, Communication and the Creative Industries Hon. Ed Vaizey, MP gave his keynote speech and fielded questions from participants. more

Facing the Facts on Internet Governance

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

An Open Letter to Big Tech CFOs: Save the Internet Before You’re Forced

Dear Chief Financial Officers of tech giants, the internet is in crisis, and you can lead your organization to help solve the problem. You'll be well compensated, and you'll enjoy massive public relations benefits. I fear that if you don't, global governments will force your hand. There is a shortage of available IPv4 addresses but we are years away (possibly a decade or more) from IPv6 viability and adoption in North America. more

Slowly Cracking the DNSSEC Code at ICANN 43

As regular readers know, ICANN holds lengthy, in-depth discussions devoted to DNSSEC at each of its three annual meetings. The half-day session held at ICANN 43 in Costa Rica last month was particularly interesting. What became clear is that the industry is quickly moving into the end-user adoption phase of global DNSSEC deployment. more

ICANN Board Meeting Spoiler Alert

For those participants that have been working rearranged hours and participating remotely in connection with ICANN's Nairobi meeting, here is a chance to sleep in. While ICANN Board tea leaf reading is not an exact science, there is a great deal of predictability to ICANN's actions so here are my big three predictions for tomorrow. more

ICANN Approves IDNs for China, Taiwan, Thailand, Sri Lanka…

A few weeks back I asked Where is China's IDN? ICANN not only answered my question about China, but also about a host of additional countries (and territory) that had applied for fast-track IDNs. Here are the most recent IDN (string evaluation) approvals... more

A Landmark Standards Human Rights Judgment

On 5 March 2024, the Grand Chamber of the Court of Justice of the European Union handed down a landmark judgment that was years in the making. The case is formally known as C 588/21 P, Public.Resource.Org and Right to Know v Commission. The Judgment of the Court is identified as ECLI:EU:C:2024:201. more

Report and Analysis of Public Comments Submitted to ICANN on the .COM Pricing Provisions (Part I)

ICANN's call for Public Comment on Proposed Amendment 3 to the .com Registry Agreement yielded 9,040 public comments during the six-week comment period that ran from January 3, 2020 to February 14, 2020. The public response was amongst the most robust if not the most robust, that ICANN has ever received. To put this in context, the last several Public Comment periods received under 20 comments apiece. more

DNS Level Action to Address Abuses: New Tools for DNS Operators and Legislators

The ways in which the Internet is embedded in our daily lives are too varied and numerous to catalogue. The Internet delivers information, access to goods, services, education, banking, social interaction and, increasingly, work space. The global pandemic has only heightened our dependence on the online world, which is why efforts to ensure that the Internet remains a trusted and secure environment are more important than ever. more

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