Internet Governance

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Internet Bifurcation: Will the US-China Digital Arm-Twisting Splinter the Open and Free Internet?

The Internet controversy between the US and China is escalating. The Trump Administration is fighting against Huawei, TikTok and We Chat. China is pushing back with new export regulations for Chinese IT technology. August 5, 2020 the US State Department launched a "Clean Network" initiative, aimed to remove Chinese digital corporations from the global supply chain in today's interconnected world. September 8, 2020 the Chinese Foreign Ministry replied with a "Data Security" initiative, aimed to enhance global cybersecurity in "Chinese colours." more

Only Bad Actors Should Worry About the URS

With DNS abuse a topic of increased concern throughout the community, any controversy over adopting the Uniform Rapid Suspension System (URS) for all generic top-level domains (gTLDs) seems misplaced. The URS was designed as a narrow supplement to the Uniform Domain-Name Dispute Resolution Policy (UDRP), applicable only in certain tightly defined circumstances of clear-cut and incontrovertible trademark infringement involving the registration and use of a domain name. more

The TikTok Ban in Context

Donald Trump recently issued an executive order banning TikTok on the grounds that it was necessary to deal with the national emergency he had declared in an earlier executive order. He says he is concerned that TikTok might turn user's "information such as location data and browsing and search histories" over to the Chinese government. Trump does not site evidence of TikTok having shared data with China and TikTok says they have never shared user data with the Chinese government... more

Holding Trump Accountable Under Public International Law

Trump and his enablers are well known to disrespect if not disdain legal systems, including public international law. He has effectively abrogated every treaty instrument relating to international communications at the whim of a tweet. His behavior has dishonoured the USA in a way that will take years to remedy. Trump's actions to ban access to Android Operating System updates on Chinese products have significantly harmed cybersecurity worldwide. more

Perspectives on Cyber Governance

APAN (Asia Pacific Advanced Network) brings together national research and education networks in the Asia Pacific region. APAN holds meetings twice a year to talk about current activities in the regional NREN sector. I was invited to be on a panel at APAN 50 on the subject of Cyber Governance, and I'd like to share my perspective on this topic here. more

Trump Wants to Change the Communications Decency Act

Section 230 of the Communications Decency Act (CDA), says that "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider." The law was passed in 1996 in order to shield ISPs that transported content or platforms that hosted it from lability. Bloggers were not responsible for comments on their posts, YouTube and Facebook were not responsible for things users posted, etc. more

Marking the 30th Anniversary of the Internet and Cybersecurity Treaty

Next week on 1 July 2020 marks the 30th anniversary of one of the most significant treaty instruments in modern times. On 1 July 1990, the Melbourne Treaty came into force as the first and only global treaty that enabled worldwide internets and mobile networks to exist, together with the cybersecurity provisions designed to protect those infrastructures. The achievement remains as an enduring tribute to Richard Edmund Butler of Australia who was one of the most influential, and best-loved Secretaries-General of the ITU. more

UN Secretary General’s Roadmap on Digital Cooperation: Creative Navigating in Stormy Cyberwaters

When UN Secretary-General Antonio Guterres announced in January 2020 that he was preparing a global "roadmap for digital cooperation," he had no idea that six months later, the world had made a quantum leap into the digital age. Home office, distance learning, online shopping, and video conferencing have been around for a long time, but the standstill of the real world during the pandemic has led to an unexpected expansion of the virtual world. more

Thumb on the Scales

Does the ICANN Board putting its thumb on the scale, change the status quo assumption of a Policy Development Process (PDP)? The primary assumption of most PDPs is that, in the absence of consensus for change, the status quo remains. Otherwise, Policy would be made by fiat by the PDP's Chair or Co-Chairs and there would be a mad rush to occupy those unpaid, thankless positions. more

Surveillance Capitalist in Chief

Surveillance capitalism monetizes private data that it collects without consent of the individuals concerned, data to analyze and sell to advertisers and opinion-makers. There was always an intricate relationship between governments and surveillance capitalists. Governments have the duty to protect their citizens from the excesses of surveillance capitalism. On the other hand, governments use that data, and surveillance capitalism's services and techniques. more

Preserving ICANN’s Independence Through Bold Action – Not Inaction

This week, the ICANN Board will vote on whether to approve the transfer of control of the .ORG domain to a private equity firm called Ethos Capital. This is a weighty decision for ICANN, since in order to approve the sale, it will have to convince itself that this is the right choice in the face of tremendous and widespread opposition, including from those who will be most affected by the sale. more

The US-China Cold War in Cyberspace

In 2019 and 2020, the economic conflict between the US and China reached a peak. There was a months-long tariff battle that is still not fully resolved. After blocking Chinese-centered equipment manufacturer Huawei from its own markets, the US pushed hard to get the Five Eyes and all of its allies to block Huawei from foreign markets, too. Then the US started blocking its own companies... more

COVID-19, WHOIS, and the Pressing Need for Help With Domain Name System Abuse

As widely reported, and not surprising, the internet is swimming in COVID-19 online scams. Criminals, accustomed to rapidly grabbing online territory during times of crisis and profiting from public fear, are working overtime in the face of the coronavirus. Unfortunately, ICANN's failure to enforce its minimal WHOIS and DNS abuse requirements has resulted in delayed mitigation efforts at a time when swift responses are needed to protect the public from COVID-19 scams. more

A New Low for the ICANN Multistakeholder Process

ICANN's dismissal of public comments submitted on the .COM Registry Amendment wasn't surprising given that it recently dismissed the public comments on the .Org Renewal Agreement, but the speed and disdain which it demonstrated was. Despite public pronouncements by ICANN President and CEO, Gören Marby and assurances from ICANN Board Chair, Maarten Botterman, that public comments were welcomed and that ICANN would take them seriously... more

The Sad Story of Private Public Interest Commitments (PICs)

The voluntary Public Interest Commitments (PIC) have a long and sad history at ICANN. They were a process never created or evaluated by the Multistakeholder process, thrown together for one purpose and allowed to morph into a mechanism for an almost unlimited number of un-reviewed other purposes. Disputes are delegated to a resolution process which itself was never evaluated for... more

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