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Even those who care about net neutrality might not have heard of the aptly-called Shadow Regulations. These back-room agreements among companies regulate Internet content for a number of legitimate issues, including curbing hate speech, terrorism, and protecting intellectual property and the safety of children. While in name they may be noble, in actuality there are very serious concerns that Shadow Regulations are implemented without the transparency, accountability, and inclusion of stakeholders necessary to protect free speech on the Internet. more
As the Chair of the 2014 Generic Names Supporting Organization (GNSO) Review Working Party, I have the privilege of working with 19 dedicated and passionate individuals who represent the diversity of the GNSO community. We've held numerous meetings and provided extensive input and feedback on key aspects of the GNSO Review in the short time that our group has been assembled to act as a liaison between the GNSO, the Independent Examiner (Westlake Governance Limited), and the ICANN Board Structural Improvements Committee. more
Today's new U.S. Senate letter to ICANN - the latest in a series of letters on the work of the ICANN technical communities - is disturbingly well crafted. If taken at face value, it even seems to lend credence to the idea that ICANN is potentially a perpetuator of the limiting of free speech, and it could be seen as a break in the narrative that i2Coalition perpetuates, that the IANA transition is a positive step in strengthening multistakeholderism over dangerous multilateralism when it comes to Internet governance. more
Domain Name System (DNS) Operators (Registries and Registrars) receive notices asking them to take action on a wide range of alleged technical and content-related abuses. However, there is a fundamental question of when it is appropriate to act at the DNS level and the evaluation of whether the alleged abuse meets a sufficient threshold for action at the DNS level. Additionally, given the volume of abuses occurring on the internet, existing resources, mechanisms, and protocols available in-house to Operators are in many cases insufficient to address abuses in a timely fashion. more
Previously, this series tackled the terribly awful Amendment 35 to the NTIA-Verisign cooperative agreement and also made the case that the tainted presumptive renewal currently included in registry agreements is inherently anti-competitive. But renewing legitimacy and integrity of Internet governance requires accurately understanding the unique and significant role retained by the U.S. government following the IANA transition. more
As we approach the World Cup in South Africa this June it's heartening to see the amount of attention being paid to the continent. As with ICANN's recent Nairobi meeting, the eyes of the world are focusing on Africa in a new way -- as a sophisticated marketplace, and as a destination for investment, technology, and yes, sports... Still, as we prepare for the Cup and as we celebrate ICANN's recent approval of more Internationalized Domain Names (IDNs), our job as an Internet community remains unfinished. Too many scripts and thus too many key voices remain "off the pitch". more
Imagine that you run an organization out of a building. Imagine that the landlord comes one day and says, "Oh I didn't know you are a resident of country X or dealing with anybody from country X. I have to close this place down right now." And then you are done. You don't have an organization anymore. This very scenario happens on the Internet. more
The House of Representatives has passed another measure related to the proposed IANA functions transition, and has again attached it to "must pass" legislation. This move ups the ante and may well be the final straw that compels the Senate Commerce Committee to hold its own oversight hearing on the IANA transition proposal.On May 30th the House adopted the Duffy Amendment to the Appropriations bill funding the Commerce, Justice, and State Departments in FY 2015. The final vote on the amendment was 229 in favor and 178 opposed -- it was fairly partisan outcome, with only ten Democrats voting aye while just one Republican voted nay. more
United States District Court for the Southern District of Texas Galveston Division has denied plaintiffs motion for a temporary restraining order thus allowing IANA transition to proceed as planned. more
As I prepare to jet off to Prague this weekend for the coming ICANN conference, I had to reflect back on the tumultuous year this has been in ICANN and the Internet world generally, especially as relates to Africa and Emerging Markets. And after all the smoke and fury, I had to ask: Is ICANN leaving Africa behind? Or could it be that it's exactly the opposite? That Africa is moving forward and ICANN is missing the party? more
Some unsettling plans declared themselves at the International Telecommunication Union (ITU) this week as countries prepared for the up-coming treaty-making jamboree called the World Conference on International Telecommunications (WCIT). This community will now have to decide what it does about them. ... It was significant to the CircleID community that the ITU's top dog -- the Secretary General - appeared in person before the assembled countries with a reassurance: the broad and unusual WCIT treaty negotiation, though it may treat many issues, would not take up Internet governance. more
In June 2016 the Organization for Economic Cooperation and Development (OECD) hosted a meeting of ministers to consider the state of the Digital Economy. The central message from this meeting was the message that: "Governments must act faster to help people and firms to make greater use of the Internet and remove regulatory barriers to digital innovation or else risk missing out on the potentially huge economic and social benefits of the digital economy." All well and good, and as a piece of rhetoric it seems to strike an appropriately positive note without straying far from what appears to be bland truisms of our time. more
From time to time, we see unenlightened comments about the efficacy of laws in the fight against spam. "Laws won't stop spam" being the most common. No, they won't. What laws do is dissuade some people from undertaking shoddy mailing practices or even outright spam campaigns. Laws don't stop murder, rape and robbery either, but for those un-dissuaded who undertake such heinous crimes, we, as a society, have laws for punitive effect. They pay the price society exacts for their actions. C-28 will attenuate spam in Canada, and help us to fight spam internationally. more
A fourth draft of ICANN's New gTLD Draft Applicant Guidebook has been released. In addition to the Applicant Guidebook, ICANN has also published summaries and analysis of the public comment period. The latest version includes... more
When people feel powerless, they sometimes push for change at any price, and in the absence of a guillotine reach for institutions instead. This makes some sense: at worst it feels good, and at best if you believe things can't get any worse, then what's to lose by shaking them up? ... Normally potent members of ICANN's community -- people and entities for whom the sensation of powerlessness is largely unfamiliar -- are nonetheless feeling that way in respect of the Internet Governance Forum (IGF). more
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