With the growing tension between the cross-border Internet and the patchwork of national jurisdictions, it becomes crucial to keep track of key global trends that drive the debate on appropriate frameworks. One year ago, the Internet & Jurisdiction Project initiated a global multi-stakeholder dialogue process on these issues. To provide a factual basis for such discussions, it established an Observatory, supported by a network of selected international experts, to detect and categorize relevant cases via an innovative crowd-based filtering process in order to identify high-level patterns. more
Since Tim Berners-Lee first introduced us to the world wide web, we have seen several major phases of its growth. From the early years -- where researchers and open Internet pioneers led the way; to the dot-com boom; to the era of social media domination; the web has come a long way. While the pandemic circling the globe has undermined many critical systems and institutions of our society, I believe it also has the potential to strengthen is the resolve of the Internet community... more
The American University Washington College of Law announced it will be hosting a fireside chat on the sale of the Public Interest Registry (PIR) to the private equity firm Ethos Capital. more
To the annoyance of some, surely, the issue of abuse in the domain name system (DNS) has been high on the list of critical issues in internet governance circles. Personally, in my more than 20 years of internet governance experience, tackling DNS abuse is one of the more important issues I've participated in and seen debated. Despite this intense scrutiny, common-sense solutions (such as contract improvements) have been so far elusive, even as they fall squarely within its ICANN's remit. more
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
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
Bulgaria has proposed for an Internationalized Domain Name (IDN) ccTLD string .?? (Cyrillic for .bg, or U+0431 U+0433), but the proposal was turned down by the ICANN DNS Stability panel in May 2010 without any arguments or an option for appeal. The proposed string is composed of two characters... more
David Redl, head of U.S. Commerce Department's National Telecommunications and Information Administration (NTIA) resigned abruptly from his position on Thursday. more
Before the experiment has gotten off the ground, some critics have expressed concern about applications to operate domains referring to a "generic" product or service, like .car, .book, or .app. News reports indicate that Microsoft and other Google competitors have filed complaints about Google's applications, while authors' organizations have raised questions about some of Amazon's applications. These complaints assert that giving these applicants the right to operate these new domains would provide an unfair competitive advantage. more
There's more than a hint of theatrics in the draft PROTECT IP bill that has emerged as son-of-COICA, starting with the ungainly acronym of a name. Given its roots in the entertainment industry, that low drama comes as no surprise. Each section name is worse than the last: "Eliminating the Financial Incentive to Steal Intellectual Property Online" (Sec. 4) gives way to "Voluntary action for Taking Action Against Websites Stealing American Intellectual Property". more
Two miles (and a short Tube ride) from where ICANN is gathering in London, rests an original copy of the Magna Carta, which introduced the concept of imposing limits on the powers of the king. I'm taking the proximity of this icon of constitutional history as a good omen for our task: to create a charter to limit ICANN's powers and enhance its accountability, in the wake of the U.S. Government's decision to terminate its legacy role. more
Don't worry about the bad guys turning out the lights. Worry about everything they're stealing while the lights are still on. The theft of intellectual property ranging from Hollywood films to defense secrets is underway by cyber-criminals of various stripes. Maintaining control over intellectual property may be the single most important challenge to American economic security. Implementing a cyber-reliant infrastructure is a national challenge which crosses the traditional boundaries between economic sectors and between public and private domains. more
The next few short weeks in the run-up to ICANN's Cartagena meeting could prove the most important time yet for the organization to show that it is a credible and capable overseer of the domain name system. After over two years of delays, tens of thousands of email exchanges, weeks of heated face-to-face discussions, and many millions of accumulated frequent flier miles, the time has arrived for ICANN to finally draw a line under the new top-level domain policy-development process and name the date for the opening of the first-round application window. more
Many TLD applicants are likely to respond to the GAC Advice in a manner that is like story telling: Based on a mixture of fiction garnished with some facts from their applications, applicants will write savvy responses with only one aim -- to calm down the GAC's concerns and survive the GAC Advice storm. The "duck and cover" strategy... According to the Applicant Guidebook, material changes to applications need to go through a Change Request process. more
In the past year ICANN has been putting a lot more effort into its compliance activities, which is a good thing, since the previous level was, ah, exiguous. That's the good news. The bad news is that while they're paying more attention to misbehaving registrants, the registrars, gatekeepers to the world of domains, have serious issues that ICANN has yet to address. more