2014 will be remembered as the year of the "multistakeholder model" on the Internet. NTIA demonstrated its commitment to bottom-up, multistakeholder Internet governance by committing to complete the transfer of responsibility for various technical functions -- known as the IANA Functions -- to the multistakeholder community. NTIA called on ICANN to convene the community to develop a transition plan to accomplish this goal. more
I recently gave a short talk that concluded with some speculation on the attitude of Miguel Diaz-Canel, who is expected to replace Raúl Castro next year, toward the Internet. I searched online and came up with three clues -- two talks he has given and one act. In May 2013, Diaz-Canel gave a speech at an educator's conference in which he anticipated today's preoccupation with fake news. He acknowledged the futility of trying to control information. more
The Chinese Communist Party's app called Study the Great Nation released in January is reported to have "superuser" access to the entire data of over 100 million Android-based phones via a backdoor. more
In June, MarkMonitor joined our colleagues once again at the Internet Corporation of Assigned Names and Numbers (ICANN) 53rd public meeting in Buenos Aires, Argentina. Several high-profile and contentious issues were on the agenda, many of which have significant impact on the interests of intellectual property and brand owners. Among these are the ongoing ICANN Accountability issues and the impending departure of ICANN CEO Fadi Chehadé; registrant information (Whois) transparency, accuracy and accessibility; and the timing of the next round of new gTLD applications/delegation. more
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
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
In two recent debate events I participated in, on iFreedom and privacy in the online world, mistrust of government and government's intentions and motivations on and towards the Internet were abundantly present with more than just a few people in the audiences. The emotions were not new to me, no, it was the rationality that surprised and sometimes almost shocked me. Why? Well, should these sentiments get the support of the majority of people, it would undermine all legitimacy of a government to govern. Let's try and take a closer look. more
eco, the German ISP association, mentions on its website today that the 100,000th 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
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
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
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 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
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
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
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