Last fall, I wrote about ICANN's failed effort to achieve its goal of preserving the Whois domain name registration directory to the fullest extent possible. I predicted that if the policy effort failed, governments would take up the legislative pen in order to fulfill the long-ignored needs of those combating domain name system harms. That forecast has now come true through significant regulatory actions in the United States and the European Union in the form of a proposed directive from the European Commission (EC) and instruction from the US Congress to the National Telecommunications and Information Administration (NTIA). more
"The Internet is the real world now." This assessment was offered by Protocol, a technology industry news site, following the very real violence on Capitol Hill during the counting of the electoral college votes that officially determines the next president of the United States. The media outlet went on to say that, "[t]he only difference is, you can do more things and reach more people online -- with truth and with lies -- than you can in the real world." more
ICANN's founding promise and mandate are optimistic -- ensure a stable and secure internet that benefits the internet community as a whole. Recent months, however, have highlighted the uncomfortable truth that ICANN's and the industry's approach to DNS abuse is actually moving backward, ignoring growing problems, abdicating on important policy issues, and making excuses for not acting. Further, the impending failure of ICANN's new WHOIS policy to address cybersecurity concerns will add fuel to the fire, resulting in accelerating DNS abuse that harms internet users across the globe. more
For all the many reasons raised by thousands of petitioners by prominent members of the U.S. Congress, and the California Attorney General's office, this "sale" plainly should not be occurring. However, in a very real way, it is déjà vu. For me, as one of the handful of people who were members of the original InterNIC public advisory committee which oversaw the spinout of the registry activity from its DARPA government instantiation to a private enterprise business... more
I am writing to you as someone who is not your citizen, (although I had the fortune to wed the most beautiful of your daughters), to share my thoughts about the recent US Government Cyber Solarium Commission report. U.S.A. We owe you one! Without you and your citizens there would be no free Internet as we know it. Thank You! Your constitution is our inspiration. We, the global digital citizenship want to be "the people", in order to "secure the Blessings of Liberty to ourselves and our Posterity..." more
One year ago, in late 2017, much of the policy debate in the telecommunications sector was raised to a fever pitch over the vexed on-again off-again question of Net Neutrality in the United States. It seemed as it the process of determination of national communications policy had become a spectator sport, replete with commentators who lauded our champions and demonized their opponents. more
If a national government wants to prevent certain kinds of Internet communication inside its borders, the costs can be extreme and success will never be more than partial. VPN and tunnel technologies will keep improving as long as there is demand, and filtering or blocking out every such technology will be a never-ending game of one-upmanship. Everyone knows and will always know that determined Internet users will find a way to get to what they want, but sometimes the symbolic message is more important than the operational results. more
Microsoft's call for a Digital Geneva Convention, outlined in Smith's blog post, has attracted the attention of the digital policy community. Only two years ago, it would have been unthinkable for an Internet company to invite governments to adopt a digital convention. Microsoft has crossed this Rubicon in global digital politics by proposing a Digital Geneva Convention which should 'commit governments to avoiding cyber-attacks that target the private sector or critical infrastructure or the use of hacking to steal intellectual property'. more
U.S. Presidential elections and the resulting Administrations can make an enormous difference on many levels and become profound points of inflection. This reality is certainly starkly visible today. Perhaps for the Internet community as well as the general public, some of the largely unknown events and actions surrounding the Internet and the Clinton team from 25 years ago can provide a basis for engagement over the coming months. more
The Internet is about to go independent. After years of support and supervision, the U.S. Government is about to irrevocably relinquish its control over the Internet by transferring its authority to an independent corporation named ICANN. As part of this push, the current chairman of ICANN posted this article to the Wall Street Journal... What's truly amazing about this piece, is how well it's done... It was only after digesting this piece, that I remembered we are talking about ICANN here. more
Governments often use small players as pawns in their global games of chess. Two weeks ago the European Court of Justice invalidated the EU-US Safe Harbor ("Safe Harbor") framework, turning Internet businesses into expendable pawns in a government game. But for the past fifteen years, Safe Harbor allowed data flows across the Atlantic -- fostering innovation and incredible economic development. more
Most of the ICANN community is headed to ICANN 54, the critical meeting in Dublin where some kind of an agreement on accountability reforms needs to be reached if the historic IANA transition is to take place. Only a few months ago, an open, multi-stakeholder process proposed to enhance ICANN's accountability by creating a very limited form of membership. It did not allow any individual in the world to become a member. It did not even allow any individual or organization with a domain name to become a member (as it should have). more
Have you submitted your comments on the IANA Stewardship Transition Proposal? Do you believe the proposal of the IANA Stewardship Transition Coordination Group (ICG) for how to transition the Internet Assigned Numbers Authority (IANA) functions away from the U.S. government to the global community to be a solid proposal? Do you have points in the proposal you would like to emphasize? Do you have concerns? more
Barclays Bank is a .brand pioneer, having recently announced plans to migrate its primary online presence to two new gTLDs it will operate on its own behalf. But Barclays Bank has also just plead guilty to a major financial services felony and been fined $2.4 billion for that criminal activity. While the new gTLD Registry Agreement is clear that a registry operator must remove any officer or director convicted of a felony, it is ambiguous in regard to whether the Agreement can be terminated when the operator itself has been found to have operated a criminal enterprise. more
The Internet never ceases to fascinate. I am referring not to its content, but to its governance. The IANA transition is the latest example in a world of interesting possibilities. At the core, we find ICANN, and that is why we need a Human Rights Advisory Committee. Any future model, with or without the NTIA, needs to seriously consider this option. But I prefer the hard truth over my own ideals. Maybe this idea will be dismissed, simply because human rights are discussed as some kind of inconvenience. more
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