This morning, at 10 am in 2141 Rayburn, the Subcommittee on Courts, the Internet, and Intellectual Property is holding a hearing on "Internet Domain Name Fraud -- New Criminal and Civil Enforcement Tools." At that hearing, the Subcommittee will be considering a new Whois bill creating new penalties for people who provide false data when registering a domain name. We need to raise our collective eyebrows at this bill (which was suddenly dropped the evening before this hearing). The title of the bill is the "Fraudulent Online Identity Sanctions Act." (FOISA) more
I just wanted to call people's attention to this International Chamber of Commerce (ICC) paper on Internet governance. I don't endorse it; haven't actually read it yet, but their say will play a big role and should be widely known: "Coming barely a month after the World Summit on the Information Society (WSIS) in Geneva, and prepared by ICC's Commmission on E-Business, IT and Telecoms, the paper divides the issue of Internet governance into three main components - technical engineering, coordination of the names and numbers system and public policy matters." more
ICANN's Security and Stability Advisory Committee (SECSAC) recently released some recommendations regarding the DNS infrastructure, specifying among other things, that sub-zone delegation be kept up-to-date. ...The SECSAC report doesn't mention, but I believe is trying to address, is the alarming fact that nearly 10% of the name servers listed in the root zone are lame, either they aren't authoritative for the zones they are supposed to be, or they are unreachable much of the time.
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Harvard Law School's distinguished Berkman Center for Internet & Society has published a preliminary study, "Public Participation In ICANN." ...The problem with the preliminary study is that it fundamentally misunderstands the role of ICANN in Internet governance. Specifically, ICANN's duty is not and should not be to simply carry out the will of the "Internet user community." Instead, ICANN's duty is to carry out the responsibilities the organization agreed to in its Memorandum of Understanding (MOU) and contract with the Department of Commerce. This does not mean that ICANN should exclude stakeholder views. more
In this two-part series article, Andrew McLaughlin takes a critical look at the recently reported study, Public Participation in ICANN, by John Palfrey, Clifford Chen, Sam Hwang, and Noah Eisenkraft at the Berkman Center for Internet & Society at Harvard Law School..."The study's presentation and analysis of data contain much of interest, and much that could assist ICANN (and other policy-making bodies) in improving its use and management of online public forums. But the study's value is diminished by two rather fundamental shortcomings: (1) its misapprehension of both the theory and the practice of ICANN's policy-development process, and (2) the sizeable gap between the broad scope of the study's conclusions and the very narrow -- indeed, myopic -- focus of the analysis from which they are derived. Simply put, the study scrutinizes a small and misleading corner of ICANN (namely, its online public comment forums) and leaps to a sweeping (and, in my view, unwarranted) conclusion." more
ICANN has launched three task forces on WHOIS restructuring...It sounds innocuous enough -- nobody likes spam -- but the restrictions being discussed reach further than marketers. Pushed by registrars who feel that WHOIS amounts to forced disclosure of their customer lists, the task force is seriously discussing closing off port 43's straightforward access to WHOIS information, replacing it with GIF-based barriers or similar access restrictions. more
The World Intellectual Property Organization (WIPO) -- the same organization whose head recently equated intellectual property infringement with terrorism -- has been pressing ICANN to add domain name monopolies on the names of countries, and the names and acronyms of inter-governmental organizations, into the Uniform Domain Name Dispute-Resolution Policy (UDRP). Despite the fact that no-one but WIPO seems to want these new exclusions, a working group has nonetheless been convened to study their recommendations. more
What's remarkable about this moment is that the hot potato of DNS standard-setting is still up in the air. The US government didn't want to appear to be in charge, and wanted to convince European governments that it wasn't in charge, and so it created (or called for the creation of) ICANN. ICANN was designed to keep other governments at bay. ICANN has, however, no particular delegated power beyond that accorded to it by the contracts it has signed with registries and registrars. In fact, it can't have more power than that, because if it pretends to be a regulatory agency it should be complying with the APA -- and if it pretends to be a regulator its private nature probably violates US law in a number of respects. more
The Internet, ultimately, is a fragile thing, as an entity. It depends upon the consensus of those responsible for its infrastructure to operate on a daily basis. Because of the inherent robustness as a technical architecture, there is no entity that can "break the Internet" in the sense of stopping the flow of traffic, but there are several entities that can create a variety of inconveniences, some minor and some serious, for the millions who use the Internet. more
Go Daddy Software, Inc. has filed a lawsuit in Federal District Court in Arizona against VeriSign Inc., seeking a temporary restraining order against VeriSign's new Site Finder service, a paid-advertising page VeriSign has established on the Internet to which the traffic associated with mistyped, and other, domain names will be directed. Go Daddy's lawsuit claims that VeriSign is misusing its position as the .com and .net domain registry to gain an unfair competitive advantage by intercepting (and profiting from) internet traffic resulting from the scores of invalid domain names that are typed into users' browsers on a daily basis. more
This is the second part of a 2-part series article arguing that the decentralization of the Internet will allow the DNS to recede to its earlier, uncontroversial role, before all the lawsuits and screaming matches at ICANN board meetings. To read the first part click here.
Another source of pressure on the DNS was the system's shifting role from one that was primarily mnemonic to one that was meaningful as well. The difference is subtle, but important. Consider the phrase "Every good boy deserves fudge", which music students sometimes learn to help them memorize what notes correspond to the lines of the treble clef. The phrase is helpful, but its content -- boys deserving fudge -- has nothing to do with music. It's mnemonic, but not meaningful. more
When it comes to stealing domain names, I suspect that there are two reasons why so many web bandits appear to be immune from ICANN (the Internet Corporation for Assigned Names and Numbers uses the acronym ICANN): the first reason I discussed in my last column on domain name theft (where I described a substantive void in domain name "regulation" as a primary factor for the increasing incidence of domain name theft), the second reason, which is the focus of this column, is the procedural anomaly that currently infuses ICANN's uniform dispute resolution process (UDRP) by providing no administrative forum for domain name registrants who become victims of domain name theft carried out by ICANN's registrars. more
At the recent Internet Corporation for Assigned Names and Numbers (ICANN) 80 Policy Forum meeting, one notable takeaway was its close focus on questions around the stability and security of the technical layer of the Internet: the growing risks which assail it, and potential ways to address these through governance. more
As Chairs of ICANN's Registries and Registrar Stakeholder Groups, we are proud to announce that we have initiated a new practice for the Contracted Parties Summits: the publication of our Contracted Parties Summit Statement. As you may (or may not) know, Contracted Parties get together periodically to interact and work together on issues that we care about, and which impact our businesses as registries and registrars. more
The European Union's Network and Information Security Directive (NIS1), introduced in 2016, aimed to strengthen cybersecurity among Member States. However, market fragmentation and growing digital threats led to the enactment of the NIS2 Directive. more
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