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As spearhead of the Yes2DotAfrica Campaign, I recently wrote a letter on behalf of DCA, to the Chairman of the United States Senate Committee on Commerce, Science & Transportation, Senator Jay Rockefeller which was also copied to other U.S. leaders and officials to express support for the present status quo on Global Internet Goverenance and a Reaffirmation of the Mult-stakeholder model. The full text of the letter is published in this post.
Even as we increasingly discover that every facet of our modern lives now revolve around, and are dependent on the Internet, for which reason its availability, functionality, safety, stability and security are now of great and continuing concern to all of us. These issues have a profound impact on its overall governance. To most of us, during the past three decades, the Internet has always been available, stable, affordable and open; and it should continue this way even as it is controlled and administered in a secure manner...
The Stop Online Piracy Act (SOPA) and its defeat call attention to a delicious irony in public discourse on Internet governance. Even those who don't want the Internet to be an exception from traditional forms of regulation and law are forced to admit that something new and exceptional must be done to bring it under control, such as massive departures from traditional concepts of territorially bounded sovereignty through the use of in rem jurisdiction.
The U.S. Congress' road to Stopping Online Piracy (SOPA) and PROTECT IP (PIPA) has had some twists and turns due to technical constraints imposed by the basic design of the Internet's Domain Name System (DNS). PIPA's (and SOPA's) provisions regarding advertising and payment networks appear to be well grounded in the law enforcement tradition called following the money, but other provisions having to do with regulating American Internet Service Providers (ISPs) so as to block DNS resolution for pirate or infringing web sites have been shown to be ineffectual, impractical, and sometimes unintelligible.
Who would have ever believed that .XXX would finally be approved AND launched, total domains registrations would continue to grow at 10% year over year, ICANN would be in the process of preparing for the launch of new gTLDs in the face of harsh criticism, and that both Go Daddy and Group NBT would be acquired by private equity firms. As we look back over the past year, here are the top 10 biggest domain stories of 2011.
The debate continues as to whether ISP's can effectively filter DNS results in order to protect brand and copyright holders from online infringement. It's noteworthy that there is no argument as to whether these rights holders and their properties deserve protection - nobody is saying "content wants to be free" and there is general agreement that it is harder to protect rights in the Internet era where perfect copies of can be made and distributed instantaneously. What we're debating now is just whether controlling DNS at the ISP level would work at all and whether the attempt to insert such controls would damage Secure DNS (sometimes called DNSSEC).
As you read this, please keep in mind that I say it all with a track record nearly 14 years of being proactive and having a zero-tolerance policy toward criminal activity and network abuse on our system. We have great relationships with Law Enforcement Agencies both here in Canada and abroad. We are always helpful and (usually) happy to answer questions, and help LEA understand the complexities and nuances of the internet. We've had the good fortune to meet some really intelligent and clued in cybercrime units. We participate in numerous communities in combating net.abuse and cybercrime.
In a recent op-ed piece in TheHill.COM, some friends and I described the futility of mandated DNS blocking as contemplated by the SOPA (H.R. 3261) and PIPA (S. 968) bills now working their way through the U.S. Congress: No Internet user is required to use the Domain Name servers provided by their ISP. And if millions of American citizens who for whatever reason want to engage in online piracy can no longer do so because Congress has passed this law and their ISP is now filtering the citizen's DNS lookups...
"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.
The House's Stop Online Piracy Act is in Judiciary Committee Markup today. As numerous protests, open letters, and advocacy campaigns across the Web, this is a seriously flawed bill. Sen. Ron Wyden and Rep. Darrell Issa's proposed OPEN Act points out, by contrast, some of the procedural problems. Here, I analyze just one of the problematic provisions of SOPA: a new"anticircumvention" provision
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