"This year was the first year in which the spotlight fell on the use of trade agreements to make rules for the Internet behind closed doors, and a broad consensus emerged that this needs to change," Jeremy Malcolm reporting today from EFF. more
Once upon a time, around 1998-1999, three of us were hired by APEC-Tel to study "International Charging Arrangements for Internet Services". APEC-Tel is a regular meeting of Pacific-nation telecommunications ministers. The impetus of the study was their consternation that connection to the Internet was being charged (paid for) in an entirely new way. The template of the old telephone settlement scheme had been overthrown. Those wishing to connect to the Internet, which was centred in the United States, were being forced to lay lines across the Pacific, pay landing rights in the United States or Canada, and pay further to connect to the Internet at the nearest negotiated peering or transit point. more
Steve DelBianco did a great job of discussing the rocky relationship between ICANN's Government Advisory Committee (GAC) and the Board of Directors, in his piece entitled ".XXX Exposes the Naked Truth for ICANN". I've been keeping an eye on the adult industry press to see what their reaction is to the .XXX debacle. But before we start, let's get something out of the way. more
Well, at least one part of it. As ICANN has announced, the Board approved the VeriSign Settlement Agreement. Now, there will be many questions, many pros and contras, but for me the main question is that finally this discussion is over. Here's what I think about my vote and the agreement itself. more
For many years, I have observed that the Internet is adopting many self-regulation frameworks to address a variety of issues. Indeed the Internet has benefited from self-regulation as an efficient way to address jurisdictional conflicts -- particularly as compared to traditional law making. Since the Internet is global, jurisdiction is often the most difficult policy issue to address. To this end, voluntary initiatives are becoming increasingly popular in the digital space due to their ability to address dynamically issues related to the Internet. more
The war in Ukraine, Metaverse and Splinternet were among the most discussed items during the recent World Economic Forum (WEF) in Davos. The topic of cyber security was primarily about the role of cyberattacks in the Ukraine war. Cyber is not the focus of day-to-day public war reporting but is an integral part of warfare on both sides. This applies above all to the use of "social media." more
During the past few years, the International Telecommunication Union (ITU) has been a battleground where governments promote rival visions of how the Internet should be governed. Although there has been a recent cease-fire as Internet governance debates have focused more on the role of ICANN, those skirmishes may soon restart at the ITU... Co-authored by Ambassador Gross (chair of Wiley Rein's International & Internet Practice), Carl R. Frank, Umair Javed, and Sara M. Baxenberg (members of Wiley Rein's Telecom, Media & Technology Practice). more
I don't normally cheer for Google when I don't own shares in the company, but this time I will make an exception. Alma Whitten, Software Engineer at Google, today posted to their Public Policy Blog that IP addresses shouldn't be considered Personally Identifiable Information (PII). This is not a problem in the United States but it is in the EU, and if the EU actually were to legislate this it would most definitely affect Microsoft and Google's business functionality in the EU... more
The basic problem posed by WSIS was the role of national governments and national sovereignty in global Internet governance. That conflict remains completely unresolved by the WSIS document. The document's thinking is still based on the fiction that there is a clear divide between "public policy" and the "day to day operation" of the Internet, and assumes that governments should be fully in control of the policy-setting function. Moreover, new organizational arrangements are being put into place which will carry on that debate for another 5 years, at least. The new Internet Governance Forum is a real victory for the civil society actors, but also fails to resolve the basic issue regarding the role of governments and sovereignty. Although called for and virtually created by civil society actors, the language authorizing its creation asks to involve all stakeholders "in their respective roles." In other words, we still don't know whether this Forum will be based on true peer-peer based interactions among governments, business and civil society, or whether it will reserve special policy making functions to governments. more
If you have rules and regulations but don't enforce them then there's little point in having any rules or regulations in the first place. One of the criticisms that is often leveled at ICANN is with regard to compliance issues. There are a number of areas where ICANN accredited registrars may be flounting the rules, but if nobody does anything about it then none of the registrars will have any incentive to actually comply. more
The following is a report by Susan Crawford at the ICANN meeting in Cape Town where a workshop was held yesterday for increasing awareness and understanding of United Nation's World Summit on the Information Society (WSIS) and issues that directly impact ICANN. "WSIS" is defined as a process in which governments intend to address a broad range of international legal, regulatory, economic, and policy issues related to the Internet. Some governments have proposed that an intergovernmental organization be responsible for "Internet governance," a phrase that remains undefined and some consider to include and/or mean the administration and coordination of the domain name system (DNS). more
This may or may not come as a shock to some of you, but ICANN's contract with the Domain Name Registrars, in terms of WHOIS inaccuracy is not enforceable. Bear with me. The ability of ICANN to enforce against a Registrar who fails to correct or delete a domain with false WHOIS does not exist. more
The amount of time one spends actually working for ICANN is enormous. And that limits the people who can actually work for ICANN as directors. I say "work", but you should know that this is not a paid work. Nope. It's being performed for free -- we dedicate our time and skills to ICANN free of charge. Many people ask me "What is it like to be on the Board of ICANN?" Here is my response, with some astonishing data. more
The OECD held a "high-level" meeting in June 2011 that was intended to build upon the OECD Ministerial on The Future of the Internet Economy held in Seoul, Korea in June 2008. I was invited to attend this meeting as part of the delegation from the Internet Technical Advisory Committee (ITAC), and here I'd like to share my impressions of this meeting. This 2 day meeting, "The Internet Economy: Generating Innovation and Growth", had the objective of exploring a number of current issues in the public policy space... more
It's late in the new gTLD day and the program looks to be inching ever closer to the finish line. Yet last minute hiccups seem to be a recurring theme for this ambitious project to expand the Internet namespace far beyond the 300 odd active TLDs in existence today (counting generics and country codes). A drive for growth which is already underway, with 63 gTLD contracts now signed as of mid September... But will those users find themselves at greater risk because of this namespace expansion? That's what several parties have been asking in recent months. more
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