Internet Governance

Fixing WHOIS (and Some Other Stuff Too)

ICANN is the only institution with responsibility for the functioning of DNS. And so it is natural that when there is a DNS problem for people to expect ICANN to come up with the solution. But having the responsibility to act is not the same as having the ability. Like the IETF, ICANN appears to have been designed with the objective of achieving institutional paralysis. And this is not surprising since the first law of the Internet is 'You are so not in charge (for all values of you). more

History is Written and Revised by the Winners - Can the Internet Archive Change That?

I was naively optimistic in the early days of the Internet, assuming that it would enhance democracy while providing "big data" for historians. My first taste of that came during the Soviet coup attempt of 1991 when I worked with colleagues to create an archive of the network traffic in, out and within the Soviet Union. That traffic flowed through a computer called "Kremvax," operated by RELCOM, a Russian software company. The content of that archive was not generated by the government or the establishment media -- it was citizen journalism... more

Yes, 3 Billion Net Users by End of Year, but What Will the Majority in Emerging Markets Do Online?

The United Nations International Telecommunications Union (ITU) announcement that by end 2014, there will be nearly three billion Internet users -- two-thirds of them from the developing world -- with mobile-broadband penetration approaching 32 per cent. This information is so timely that it needs to be put in proper perspective by asking: What will the majority of these two-thirds do online? And how do we in the ICANN community deliver on our mandate of serving the global public interest? more

In Support of ICANN’s New Trademark Protection Rules (Mostly)

Yesterday, I sent ICANN my comments about the draft recommendations from ICANN’s Implementation Recommendation Team (IRT), which has been tasked with coming up with a trademark protection scheme for new top-level domains. For the most part, I think they did an excellent job... more

Business in the Hotseat over Net Censorship

My weekly technology law column focuses on the growth of Internet censorship and the accompanying pressure on the business community to do something about it... China's censorship system may be the most extensive, but it is not alone. The University of Toronto's OpenNet Initiative, a world leader in tracking state-sponsored Internet censorship, recently co-published Access Denied, a book that highlights its pervasive growth. The book notes that some countries control all public Internet services, thereby creating an easy pipeline to implementing filtering technologies. Countries such as Syria have sought to chill access to the Internet by requiring cybercafe owners to record the names and identification cards of clients... more

Collecting Cybercrime Data: Can Signal Spam Be a Piece of the Puzzle?

The gathering of coherent data on cybercrime is a problem most countries haven't found a solution for. So far. In 2011 it is a well known fact that spam, cybercrime and botnets are all interrelated. The French database Signal Spam may be a significant part of the solution to gather, analyse and distribute data on spam, phishing, cybercrimes and botnets, but also be a forum in which commercial mass e-mail senders and ISPs can work on trust. more

The Dangers of Building a Brand on a Tenuous Country Code

About two years ago I wrote with concern about Bit.ly's use of Libya's country code. I noted that It's always important to keep in mind that a company can't "own" a domain the way it owns real estate. Now it appears that companies that have built brand names on Libya's country code are facing difficult times. more

Digital Geneva Convention: Multilateral Treaty, Multistakeholder Implementation

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

eco: 100K PCs Cleaned Through Anti-Botnet Center

eco, the German ISP association, mentions on its website today that the 100,000^th PC was cleaned from infection through its PC cleaning program. Since 15 September, German account holders could visit the website to download tools to clean up computers from digital infections. Botfrei ("botfree", translation WdN) is a cooperation between eco and the German government. First figures seem to prove that this is a successful public-private partnership, worth looking into for other countries as a best practice. more

Brand Owners, Representatives of WIPO and ICANN Discuss New gTLD Concerns

Managing Intellectual Property, in association with Finnegan, has released an article based on a recently hosted discussion regarding ICANN's approved plans to open the domain name system to an unlimited number of generic top-level domains (gTLDs) and how the Implementation Recommendation Team's (IRT) recommendation will affect brand owners. Topics included the main concerns with new gTLDs from a brand owner's perspective, the role of IRT, enforcement issues, and navigating the new domain name space. Finnegan partners David Kelly and Jonathan Gelchinsky participated with J Scott Evans of Yahoo! Inc., Elisabeth Roth Escobar of Marriott International, Inc., Erik Wilbers of WIPO Arbitration and Mediation Center, and Kurt Pritz of ICANN for the roundtable. more

TLDs or No TLDs for Cities? Berlin Senate Wants Out

A fight has begun over the virtual existence of Germany's capital: Does a .berlin address space have a right to exist beside the old standby berlin.de? The outcome of the fight could have a broader effect on the future of city names on the Internet. After a recent hearing at Berlin's City Parliament, Michael Donnermeyer, speaker of the Berlin Senate, said the right to the name Berlin belonged to the city and has to be protected. For the young company dotBerlin GmbH that is applying for a new city top level domain (TLD) with the ICANN, the Senate's blockade could kill a long-nurtured project and could set a bad example for other initiatives like .london, .paris or .nyc, sources said. more

The Empire Strikes Back: ICANN Accountability at the Inflection Point

The members of the ICANN community engaged in the work of the Cross Community Working Group on Enhancing ICANN Accountability (CCWG-ACCT, or just plain "CCWG" for this article) has been engaged since late 2014 in designing an enhanced ICANN accountability plan to accompany the transition of oversight of the IANA root zone functions from the National Telecommunications and Information Administration (NTIA) to the global multistakeholder community. On August 3rd the CCWG released its 2nd Draft Report (Work Stream 1) for a public comment period that closed on September 12th. more

Big Telegraph

On my flight back from Washington, DC last night, I prepared much of what follows, minus references. Today, while looking for references, I uncovered a very recent (6 June 2012) posting to the ITU blog that seemed entirely appropriate to mention here. It is fascinating reading, and I especially like one snippet "we are not about to take over the Internet - that suggestion is frankly ridiculous". I quite agree and hope that the ITU is genuinely interested in working with others to ensure that nothing of the sort happens. Now on to what I had prepared. more

For ICANN, a New Path Toward an Old Goal

The DNS White Paper has stood the test of time remarkably well. More than a decade after it was published, its principles of stability, competition, and private-sector-led DNS management remain the gold standard for DNS governance. ICANN is struggling to achieve that standard, however, and a dramatic change in direction may need to be considered. more

Taking the Anti-SOPA Message to the People

It was fascinating last week to read coverage of congressional hearings around the SOPA bill, or Stop Online Privacy Act. The bill has strong support from the Motion Picture Association of America, the U.S. Chamber of Commerce and big pharmaceutical companies. It's opposed by most technology and telecom companies, plus consumer advocate groups like the Electronic Frontier Foundation and Public Knowledge. more