Internet Governance

Governments Shouldn’t Play Games with the Internet

Governments often use small players as pawns in their global games of chess. Two weeks ago the European Court of Justice invalidated the EU-US Safe Harbor ("Safe Harbor") framework, turning Internet businesses into expendable pawns in a government game. But for the past fifteen years, Safe Harbor allowed data flows across the Atlantic -- fostering innovation and incredible economic development. 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 Internet and the Legitimacy of Governments

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

ICANN 53: Accountability, Brand Policy & New Round of New gTLDs

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

Why the Internet is Not Like a Railroad

When one person transmits the speech of another, we have had three legal models, which I would characterize as Magazine, Bookstore, and Railroad. The Magazine model makes the transmitting party a publisher who is entirely responsible for whatever the material says. The publisher selects and reviews all the material it published. If users contribute content such as letters to the editor, the publisher reviews them and decides which to publish. 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

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

Cybercriminals Benefitting from Stalled Privacy/Proxy Policy

We've seen alarmingly BIG increases in multiple abusive behaviors – like phishing, hacking and malware – that often leverage the domain name system (DNS) and privacy/proxy services. Cybercriminals capitalize on gaps in DNS security measures, and ICANN is holding the door open for them by failing to implement their privacy/proxy policy. If you are ever targeted, you are not alone. more

New gTLDs and Children

At first blush most are unlikely to see the relationship between new generic Top-Level Domains (gTLDs) and children. However, as a father and someone that has worked with approximately 50% of all new gTLDs approved by ICANN over the last decade, I have a unique perspective that may shed some light on this analogy. Hopefully, as the ICANN community begins to seek closure in connection with the new gTLD implement process, this article may offer one perspective as to what lies ahead. more

Help Recognize Internet Pioneers and Heroes – Nominations Open for 2021 Internet Hall of Fame

Do you know someone who deserves recognition for launching the Internet in their region or country? Or someone who made some major technical innovation that made the Internet faster or better? Or someone who is a passionate advocate who influenced other people to make the Internet better? Can you think of someone who helped the Internet reach new people? For example, in a new region or language? Do you know someone who made the Internet more inclusive and accessible to more people? more

EU-based DNS Internet Infrastructure Beginning to Take Shape, Planned to Onboard 100 Million Users

The EU has been pushing for the development of DNS4EU, a public European DNS resolver with built-in filtering capabilities, as a way to strengthen the "digital sovereignty" of the EU and protect citizens, companies, and public institutions from phishing attacks and malware. In December 2021, a consortium of 13 public and private companies from ten European countries were granted the project to build a public DNS resolution service tailored for the EU. 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

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

The Good Old Days in the Cryptography Wars

The 20th century was the golden age of surveillance. High-speed communication went either by telegraph and telephone, which needed a license from the government, or by radio, which anyone can listen to. Codes were manual or electromechanical and were breakable, e.g., the Zimmermann telegram and Bletchley Park. (The UK government spent far more effort inventing a cover story for the source of the telegram than on the break itself, to avoid telling the world how thoroughly they were spying on everyone.) 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