GDPR: Registries to Become Technical Administrators Only?

On 11 December 2017, about 25 participants from Europe and the US attended the public consultation for the brand new GDPR Domain Industry Playbook by eco (Association of the Internet Industry, based in Germany) at the representation of the German federal state Lower Saxony to the European Union in Brussels. The General Data Protection Regulation (GDPR) poses a challenge for the Registries, Registrars, Resellers and ICANN. more

A Digital ‘Red Cross’

A look into the past reveals that continuous developments in weaponry technology have been the reason for arms control conventions and bans. The banning of the crossbow by Pope Urban II in 1096, because it threatened to change warfare in favour of poorer peasants, the banning of poisoned bullets in 1675 by the Strasbourg Agreement, and the Geneva protocol banning the use of biological and chemical weapons in 1925 after world war 1, all prove that significant technological developments have caused the world to agree not to use certain weapons. more

WHOIS: How Could I Have Been So Blind?

A colleague was recently commenting on an article by Michele Neylon "European Data Protection Authorities Send Clear Message to ICANN" citing the EU Data Commissioners of the Article 29 Working Party, the grouping a determinate factor In the impending death of WHOIS. He is on point when he said: What the European Data Protection authorities have not yet put together is that the protection of people's mental integrity on the Internet is not solely due to the action of law enforcement... more

“Restoring” Internet Freedom for Whom?

Recently, a colleague in the Bellisario College of Communications asked me who gets a freedom boost from the FCC's upcoming dismantling of network neutrality safeguards. He noted that Chairman Pai made sure that the title of the FCC's Notice of Proposed Rulemaking is: Restoring Internet Freedom. My colleague wanted to know whose freedom the FCC previously subverted and how removing consumer safeguards promotes freedom. more

Eliminating Access to WHOIS - Bad for All Stakeholders

Steeped deep in discussions around the European Union's General Data Protection Regulation (GDPR) for the past several months, it has occurred to me that I've been answering the same question for over a decade: "What happens if WHOIS data is not accessible?" One of the answers has been and remains the same: People will likely sue and serve a lot of subpoenas. This may seem extreme, and some will write this off as mere hyperbole, but the truth is that the need for WHOIS data to address domain name matters will not disappear. more

2017 Domain Name Year in Review

Given that it's been a few years since my last domain name year in review, I've really enjoyed looking back at this year's biggest domain name stories and seeing how this industry has evolved. This year, in particular, has seen some notable changes which are likely to impact the domain name landscape for years to come. So without further ado, here is my list for 2017. more

Internet Regulation in the Age of Hyper-Giants

As we enter the seventh round of the net neutrality fight, advocates continue to make the same argument they've offered since 2002: infrastructure companies will do massive harm to little guys unless restrained by strict regulation. This idea once made intuitive sense, but it has been bypassed by reality. ... When Tim Wu wrote his first net neutrality paper, the largest telecoms were Verizon, AT&T, and SBC; they stood at numbers 11, 15, and 27 respectively in the Fortune 500 list. more

Innovation Today is IN the Network

The largest and most important global information infrastructure today by any measure is clearly the global mobile network and all of its gateways, services, and connected devices. That network is standardized, managed, and energized by a combination of the 3GPP and GSMA. The level of 3GPP industry involvement and collaboration today probably exceeds all other telecom, internet, and assorted other bodies put together... and then some. more

Voluntary Reporting of Cybersecurity Incidents

One of the problems with trying to secure systems is the lack of knowledge in the community about what has or hasn't worked. I'm on record as calling for an analog to the National Transportation Safety Board: a government agency that investigates major outages and publishes the results. In the current, deregulatory political climate, though, that isn't going to happen. But how about a voluntary system? more

Artful Misrepresentations of UDRP Jurisprudence

The jurisprudence applied in adjudicating disputes between mark owners and domain name holders under the Uniform Domain Dispute Resolution Policy (UDRP) is essentially a system that has developed from the ground up; it is Panel-made law based on construing a simple set of propositions unchanged since the Internet Corporation for Assigned Names and Numbers (ICANN) implemented them in 1999. Its strength lies in its being a consensus-based rather than dictated jurisprudence. more