Internet Governance

Internet Governance and the Universal Declaration of Human Rights, Part 1: Foundations

One could think that the authors of The Universal Declaration of Human Rights (UDHR) -- adopted in 1948 -- had the Internet in mind when they declared in Article 19: "Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers." All human beings are entitled to certain rights, and it makes no difference if they choose to exercise them in a town square or an Internet chatroom. more

Rewiring Internet Governance: Step One Is About ICANN (Part 1)

It is time for some straight talk about governance. The word "governance" used here means authority. It does not merely mean rules, or coercion, or any other weasel-worded definitions that deflect our attention from the art of good governance as distinct from self-serving opportunism and illusory power sharing. Politics, as Theodore Lowi reminded us, is ultimately about "who gets what". Quibbling with endless essays about who rules the root is useful, but not demonstrative. more

Is WCIT Failure the Start of a Digital Cold War?

This was never part of the plan. Going into the Dubai World Conference on International Telecommunications (WCIT) two weeks ago, there was optimism aplenty. After weeks of online and media campaigning, proponents of a free Internet had managed to scare everyone into thinking that WCIT was tantamount to digital Armageddon. This had the effect of defusing the conference before it even started, or so it seemed... more

Happy Birthday .CAT and ICANN

Today, four years after the launch of the Catalan linguistic and cultural registry, Google reports that there are 90 million pages of Catalan content under the some 36 thousand .CAT domains. As imperfect as Google's tools are as a metric, the correct observation is that the use of .CAT by Catalans vastly exceeds the expectations of its initial proponents... more

The True Faith of Internet Governance: Statism Finds Its Champion

A portion of me sympathizes with Richard Hill. He argues passionately in his recent article, "The True Stakes of Internet Governance" for a statist position on Internet governance. It is hard to be an unheeded prophet; difficult to take positions that are not in the comfortable mainstream of what, as you perceive, are lemmings heading for the cliff. I know the feeling. more

Closed Generics Debate Rages On

The new gTLD program continues to throw up last-minute debates on what is acceptable as a TLDs and what is not. The latest such verbal joust centers around closed generics. These are generic terms being applied for by applicants whom, should they be successful, will not open the TLD up to everyone on an equal access basis. As an example, think .book being run by Amazon and only available to Amazon customers. more

Tips for Ecommerce to Survive and Thrive with GDPR

The regulatory environment for brands and retailers that do business online is getting stricter thanks to regulatory changes in Europe with the General Data Protection Regulation (GDPR), as well as existing regulations in the U.S. Companies that adapt quickly can turn these changes into a competitive advantage. As we grapple worldwide with the implications of the incredible amount of personal data generated every day, consumers are pressuring brands and legislators alike for more control over their information. more

A Look at Cuba’s Digital Revolution

In spite of having a slow, expensive, government-controlled Internet infrastructure, Cuba is undergoing what Ted Henken and Sara Garcia Santamaria refer to as a digital revolution. The digital revolution might be said to have begun in 2007 when Yoani Sánchez launched her blog "Generation Y." Internet access was difficult -- she would get illegal connectivity at tourist hotels, and the blog was initially hosted in Germany. Soon, the Huffington Post began publishing her posts, and she has subsequently received many international awards, including the Ortega y Gasset Award for Digital Journalism in 2008. more

We Are All Internet Exceptionalists Now

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. more

Who is Responsible in Our Cloudy World?

A number of large technology companies, including Google, Microsoft and Yahoo!, have announced that they have signed up to a voluntary code of conduct on how they do business in countries that curtail freedom of expression like China and Singapore... It's not surprising to see this sort of self-regulation being proposed as otherwise political initiatives like the Global Online Freedom Act, passed in one US Senate committee but currently floating in legislative limbo, could actually make it into law. more

Questionable Impact for US House Hearing on New gTLDs

This morning, the US House Subcommittee on Intellectual Property, Competition and the Internet led by Representative Goodlatte (R - VA) conducted a hearing on New gTLDs. Kurt Pritz, Senior Vice President from ICANN did his best to alleviate concerns about the risks posed to intellectual property rights and consumers as the result of the New gTLD Program and reiterated that the process to launch new gTLDs has been underway for 7 years. more

Canadian Spam Law Update

As you may know, there are two laws currently being discussed in Canadian legislative assemblies: Senate Bill S-220, a private member’s bill with private right of action and criminal remedies; Parliamentary Bill C-27, tabled by the government, with private right of action, coordination between various enforcement agencies... more

Regulating and Not Regulating the Internet

There is increasingly heated rhetoric in DC over whether or not the government should begin to "regulate the internet." Such language is neither accurate nor new. This language implies that the government does not currently involve itself in governing the internet -- an implication which is clearly untrue given a myriad of laws like CFAA, ECPA, DMCA, and CALEA (not to mention existing regulation of consumer phone lines used for dialup and "special access" lines used for high speed interconnection). more

Oil and Gas Cyber Security Forum

A reader recently brought to my attention an upcoming conference in London in the UK -- The Oil and Gas Cyber Security Forum. Here's a little blurb: "Despite investments into state of the art technology, a majority of the oil and gas industry remain blissfully unaware of the vulnerabilities, threats and capability of a malicious cyber attack on control systems..." I bring this up because it is relevant to the trends in cyber security that we see this year - that of the Advanced Persistent Threat. more

Radical Shift of Power Proposed at ICANN Putting Govts in Primary Decision Making Role

ICANN has proposed a major change to its bylaws that would require the organization to adopt all policy "advice" issued by the Governmental Advisory Committee (GAC) unless 2/3 of ICANN's non-conflicted board members vote to oppose the adoption of that governmental rule. This draconian proposal to change ICANN's bylaws would fundamentally transform ICANN away from being a "bottom-up" and "private-sector-led" organization and into a governmental regulatory agency... more