Internet Governance

On Why and How the Internet Needs to Be Governed

The World is not inventing Internet Governance. Internet is already being governed. There is governance, but without a formal structure -- the structure is undefined like a round table... The opponents of the concept of Internet Governance perhaps believe that the essential character of the Internet is preserved best by challenging the very concept of Governance. The words "Governance", "Control", "Regulation" or even "Coordination" are mistaken to be invasive to the essential character of a free, open and user-centric internet. more

The New Hong Kong Anti-Spam Law, and a Small Fly in the Ointment

Well, it has been quite a while since first the Hong Kong OFTA (in 2004) and then CITB (in 2006) issued requests for public comment about a proposed UEM (Unsolicited Electronic Messaging) bill to be introduced in Hong Kong, for the purpose of regulating unsolicited email, telephone and fax solicitations. We're a large (worldwide) provider of email and spam filtering - but we're based in Hong Kong, and any regulation there naturally gets tracked by us rather more actively than laws elsewhere. We sent in our responses to both these agencies... The bill is becoming law now - and most of it looks good... There's one major fly in the ointment though... more

Why I left the ICANN At Large Advisory Committee

For about the last two years, I was a member of ICANN's At Large Advisory Commitee (ALAC), the group charged with representing the interests of ordinary Internet users within ICANN. In case anyone is wondering, here's why I'm not on the ALAC any more. ICANN has a very narrow mission. They maintain the root zone, the list of top-level domain names in the Internet's domain name system. They coordinate numeric IP addresses, with the real work delegated to five Regional Internet Registries. And they keep track of some simple and uncontroversial technical parameters for Internet routing applications... more

The Fragile Network

One of the more persistent founding myths around the internet is that it was designed to be able to withstand a nuclear war, built by the US military to ensure that even after the bombs had fallen there would still be communications between surviving military bases. It isn't true, of course. The early days of the ARPANET, the research network that predated today's internet, were dominated by the desire of computer scientists to find ways to share time on expensive mainframe computers rather than visions of Armageddon. Yet the story survives... more

Net Neutrality Is As Silly As So-Called Internet Governance

From the perspective of Internet security operations, here is what Net Neutrality means to me. I am not saying these issues aren't important, I am saying they are basically arguing over the colour of bits and self-marginalizing themselves. For a while now I tried not to comment on the Net Neutrality non-issue, much like I didn't comment much on the whole "owning the Internet by owning the Domain Name System" thingie. Here it goes anyway. Two years ago I strongly advocated that consumer ISP's should block some ports, either as incident response measures or as permanent security measures... more

To Fight Domain Name Theft: Sex.com Gives Birth to a New Property Right

For those who are Star Wars fans, the following scene from the prequel, Attack of the Clones, will be easy to recall: a young and misinformed Jedi, known as Obi-waan Kenobi, opines about how an army of clones had been able to snatch a victory from imminent defeat. Yoda, a Jedi Master and virtual fountain of wisdom, immediately gushes forth an important correction: "Victory? Victory you say? Master Obi-waan, not victory." Yoda explains that winning a battle is not a victory, if the win merely signals that the war has just begun. Yoda's apparent perception seems particularly apt for the precedent setting federal court opinion involving the sex.com domain name. Notwithstanding that individual domain name registrants may seek comfort in the victory obtained from the Ninth Circuit's opinion in Kremen v. Cohen, that decision merely signals a beginning -- not an end -- to the controversy over the proper legal framework for resolving domain name theft.  more

Multistakerholderism and Its Discontents: A Reply

Twenty years after multistakeholderism helped save the Free Internet and present-day Internet governance from a potentially existential crises, the term is again triggering some strong emotions. There are very real questions around definitions, accountability, participation, and even legitimacy in all multistakeholder models. Within Internet governance, there are declared enemies of the multistakeholder approach... more

ICANN’s Inaction on NIS2 Tests the Effectiveness of the Multistakeholder Model

ICANN's response to the European Union's Network and Information Security Directive (NIS2) is a litmus test on whether its policy processes can address the needs of all stakeholders, instead of only satisfying the needs of the domain industry. Early indications from the ICANN Hamburg meeting point to another disappointment for law enforcement, cybersecurity professionals, and the many businesses seeking to reinstate WHOIS as required by NIS2. more

ICANN Turning 25 - It’s the People that Make a Difference

Ali's invitation to post reflections on the past 25 years of ICANN is very welcome. No doubt, some will write about major shifts in how ICANN is governed, for example, the end of United States government oversight. While others will write about changes to the industry that ICANN has catalyzed, for example, the 2012 round of new gTLDs and the upcoming next application process. more

ICANN Policymaking Should Be Even More Transparent

Transparency and accountability are embedded in ICANN's core values. Indeed, ICANN's Bylaws mandate that "ICANN and its constituent bodies shall operate to the maximum extent feasible in an open and transparent manner ...". Public Interest Registry believes that a dedication to transparency is fundamental to the strength and continued effectiveness of ICANN's multistakeholder model. more

ICANN’s Accountability Mechanisms – in Name Only?

On December 14, 2021, Dot Hip Hop, LLC (DHH) filed an Urgent Reconsideration Request following ICANN staff inaction (for its over four-month delay) of its Assignment Request for the .hiphop Registry Agreement. Not only did the ICANN Board Accountability Mechanisms Committee (BAMC) decide against considering the Reconsideration Request on an urgent basis, but on its last day of business for 2021, ICANN Org decided to retaliate against DHH for filing the Reconsideration Request in the first place ... more

The Insult and Injury of the U.S. Government’s Failure to Enforce ICANN’s Contractual Obligation

Someone recently observed that many stakeholders have fallen victim to a "chilling effect" resulting from fear of retaliation by the rich and powerful bullies currently infecting the multistakeholder community, ICANN, and Internet governance. I related to what I was hearing because I've been personally targeted and libelously attacked and it is deeply dismaying enough having to worry about threats to revenue and reputation along with other harmful effects of such thuggery. more

Why the Internet is Not Like a Railroad

When one person transmits the speech of another, we have had three legal models, which I would characterize as Magazine, Bookstore, and Railroad. The Magazine model makes the transmitting party a publisher who is entirely responsible for whatever the material says. The publisher selects and reviews all the material it published. If users contribute content such as letters to the editor, the publisher reviews them and decides which to publish. more

NTIA Objects to Planned o.com Auction

According to media sources, the National Telecommunications and Information Administration (NTIA) wrote to Verisign last Friday, objecting to the company's plan to auction o.com to the highest bidder. The planned release for o.com - described by the Second Amendment to the .com Registry Agreement and intended as a pilot for the remaining reserved single-character .com names - involved an opaque consideration process that ignored community input and set aside hard-won trademark protections developed by stakeholders in order to maximize dollars earmarked for an unidentified cadre of non-profit organizations. more

ICANN Independence and Non-Profits on the Net – Get it Right and Go Forward

Later this week, ICANN is finally going to vote on the proposed sale of .ORG to Ethos Capital. It will decide the future owner of .ORG, but the decision will also provide a window into whether ICANN will remain independent of the U.S. government. It's a big decision, one that can strengthen both ICANN and the NGO community on the web, if we get it right. For nearly a decade, the ICANN community fought hard to untether itself from the U.S. Department of Commerce. more