Internet Governance

ICANN - Dispenser of Internet Justice

The following is a paper presented as a keynote speech at Studienkreis 2013 in Pisa, Italy last week. ICANN is beginning to look more and more like a government. It assesses taxes, it has amassed an enormous treasury, it passes laws with international effect, and it has developed an ad hoc judiciary system to enforce its laws. This paper will take a look at that judiciary system and ICANN as dispenser of Internet justice. more

The ITRs and Cybersecurity

Cybersecurity is a top-of-mind issue with calls for individual vigilance, national legislation, and international treaties to address gaps that are exploited causing significant harm and financial loss on a daily basis. The vast majority of these calls are well-intentioned though even among the best-intentioned, some are poorly directed. Such is the case with all of the proposals that would introduce security into the International Telecommunication Regulations (ITRs) of the International Telecommunication Union (ITU). more

ICANN and GAC: A New Role Needed?

Syracuse University professor Milton Mueller published a blog under the title "Will the GAC go away if the Board doesn't follow its advice?". Having been to a number of (very limited) ICANN meetings on behalf of law enforcement cooperation, I would like to share a few - probably thought provoking - observations. The GAC should not leave ICANN but it may be more efficient if its role changed and its efforts were aimed at a different form of output. more

Who Pays When .Org Prices Rise?

When .org prices rise, who suffers – nonprofits or speculators? Will Ethos Capital raise prices more aggressively than ISOC would? Vint Cerf attributed concerns about higher prices to speculators: "Of course, companies that hold domain names in the tens of thousands for speculative purposes might find such increases more troubling, but I don't have much sympathy for that business model in the context of the organizations the .org brand is intended to serve." more

Afilias’ Rule Violations Continue to Delay .WEB

As I noted on May 26, the final decision issued on May 20 in the Independent Review Process (IRP) brought by Afilias against the Internet Corporation for Assigned Names and Numbers (ICANN) rejected Afilias’ petition to nullify the results of the public auction for .WEB, and it further rejected Afilias’ demand to have it be awarded .WEB (at a price substantially lower than the winning bid). Instead, as we urged, the IRP Panel determined that the ICANN Board should move forward with reviewing the objections made about .WEB, and to make a decision on delegation thereafter. 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

Cyberspace Security in Africa – Where Do We Stand?

Very few African states today have developed a national cybersecurity strategy or have in place cybersecurity and data protection regulations and laws. Yet, the continent has made major headway in developing its digital ecosystem, and moreover, it is home to the largest free trade area in the world, which is predicted to create an entirely new development path harnessing the potential of its resources and people. 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

US Government Waves the Caution Flag at ICANN

This month, ICANN is driving hard to get two of its horses to the finish line. The first is barely a year old - it's the first formal review of ICANN's accountability and transparency. The second horse is going on 4 years old: ICANN's plan to introduce hundreds of new top-level domains (TLDs) for the Internet. Just as these horses have entered the home stretch, one of the racecourse officials is vigorously waving the yellow caution flag. And ICANN would do well to pull back on the reins. more

Your Comments Front and Center in ICANN New gTLD Process

ICANN published the second version of its Application Guidebook for new generic top-level domains earlier today (late evening Los Angeles time). Alongside version two of the Guidebook – published by module and in a red-line version – are explanatory memoranda, the opening of a second public comment period (closing 13 April) and an extensive summary and analysis of the public comments made to the process so far. more

Notes from Tunis: The New Internet Governance Forum

I'm in Tunis at the World Summit on the Information Society (WSIS), where the biggest debate is over the future of "Internet Governance." The final text for this was agreed upon about 30 minutes ago. The two quick sounds bites are that (1) the US and the US based Internet Corporation for Domain Names and Numbers (ICANN) retain, for now, control over the most important aspects of the global Internet Domain Name System (DNS), and (2) the conversation over this issue and a surprisingly broader governance agenda is continuing, under the United Nations. more

DOTCOM Act Passes House as Rubio Leads Senate Call for IANA Oversight Hearings

The Shimkus Amendment to the $601 billion National Defense Authorization Act (HR 4435) passed the House of Representatives on May 22nd by a mostly partisan vote of 245–177. While all 228 Republicans present and voting supported the amendment only 17 Democrats voted "aye", with 177 in opposition. Final passage on the entire bill was a bipartisan vote of 325–98. The Senate has not yet passed its version of a FY 2015 Pentagon funding bill, and once it does all the differences between the two versions must be reconciled before it can be sent to President Obama for his signature. more

A Billion Reasons Why the IGF Matters

I approach the mic. As the adrenalin kicks in, my hands begin to slightly tremble. Eyes dart at me, anticipating my imminent speech. I glance at the scribbled text in my notebook to review the key points I hastily made; breathe in, exhale. I look up; the total silence is punctured by my poised words: "My name is Michael Oghia, and I am an Internet Society Ambassador." more

ICANN Documentary Information Disclosure Policy Request

Listed below is correspondence that I have submitted to ICANN's general counsel in connection with the organization's stated documentary information disclosure policy. more

The Only Winning Game at the WCIT

With Russia flipping its far reaching Internet takeover proposals into the WCIT pile this morning, it became apparent to WCITeers heading to Dubai in a couple of weeks that the entire show was on a fast trajectory into the wild blue yonder. Indeed, the event may provide an opportunity for Hollywood to film a sequel to One Flew Over the Cuckoo's Nest. Unfortunately, the Russian proposals are only one of many wake-up indicators that this event may not be the exercise in rational, intelligent discourse that some in the preparatory process apparently believed. more