Internet Governance

Facing the Facts on Internet Governance

Having just arrived in Tunis for the WSIS, my weekly Law Bytes column (Toronto Star version, freely available version) focuses on the Internet governance issues that are likely to dominate discussions all week. I argue that claims about a "digital Munich" and a U.N. takeover are not helpful to arriving at an appropriate solution (though based on discussions this morning it does not appear that things are moving very far away from such claims). more

Outcome of UK IGF 2014 As I Saw It

The UK IGF was held on 1st July 2014 at St. Ermin's hotel, London, England. The Nominet Chair Baroness Rennie Fritchie gave the sponsor's welcoming remarks. She said "The IGF provides an opportunity for discussion, dialogue, divergent views, and encourages people to speak-up". The event had about 50 participants. The Minister for Culture, Communication and the Creative Industries Hon. Ed Vaizey, MP gave his keynote speech and fielded questions from participants. more

Learning to Love the WTO: How Trade Policy Can Save Open Internet - and Bridge the Digital Divide

From the dawn of the mainstream commercial Internet in the late 1990s until quite recently, the world trade and Internet communities have been almost entirely disconnected from one another. This isn't surprising, given that trade policy historically follows technological developments with a considerable 'lag.' As the senior-most 'permanent representative' on the ground in Geneva from the for-profit tech sector, a big part of my job is to try and translate the Internet for the Diplomatic Corps across many different policy subjects. more

Concerns About ICANN’s Bylaws Shouldn’t Bog Down Board/GAC Discussions

The Brussels meeting between the ICANN Board of Directors and the Governmental Advisory Committee (GAC) became contentious over what constitutes a "bylaws consultation," what that designation means, and whether future meetings between the parties should be labeled as such. At the risk of going over familiar ground, it may be useful to review what the bylaws say about ICANN's duty to consult with the GAC. more

Protecting Intellectual Property is Good; Mandatory DNS Filtering is Bad

It has been about six months since I got together with four of my friends from the DNS world and we co-authored a white paper which explains the technical problems with mandated DNS filtering. The legislation we were responding to was S. 968, also called the PROTECT-IP act, which was introduced this year in the U. S. Senate. By all accounts we can expect a similar U. S. House of Representatives bill soon, so we've written a letter to both the House and Senate, renewing and updating our concerns. more

DNS Level Action to Address Abuses: New Tools for DNS Operators and Legislators

The ways in which the Internet is embedded in our daily lives are too varied and numerous to catalogue. The Internet delivers information, access to goods, services, education, banking, social interaction and, increasingly, work space. The global pandemic has only heightened our dependence on the online world, which is why efforts to ensure that the Internet remains a trusted and secure environment are more important than ever. more

Internet Will Split Into Chinese-Led and US-Led Versions Within the Next Decade, Says Eric Schmidt

Speaking at a private event hosted by Village Global VC, tech luminary and former Google CEO Eric Schmidt predicted that the internet will split into Chinese-led and US-led versions by 2028. more

2012: The Year of the New gTLD Program and the Year to Support ICANN - Part I

The ICANN new gTLD program began today, 12th January 2012, with the application round now open and this important activity will make 2012 a very memorable year. It is expected that a minimum of 500 fresh applications for new generic Top Level Domains will be received by ICANN through the online TLD Applications System (TAS) by April 12 when the round closes, for processing and evaluation afterwards. This promises to be a hectic and engaging period for new gTLD applicants, and also for ICANN. more

Notice, Takedown, Borders, and Scale

I was on the front lines of the SOPA wars, because SOPA touched on two matters of strong personal and professional importance for me: protecting the Internet infrastructure, and protecting the economy from Internet related crime. I've continued to study this field and advise industry participants in the years since then. The 2017-02-20 paper by Annemarie Bridy entitled Notice and Takedown in the Domain Name System: ICANN's Ambivalent Drift into Online Content Regulation deserves an answer, which I shall attempt here. more

Attacking the Multi-Stakeholder Model

"If at first you don't succeed, try and try again." A famous saying, that some within the ICANN world seem to think actually means: "if at first you don't get what you want, try and try again." The basic premise of the ICANN system is simple and fair: get all parties to work together, give everyone an equal voice, and act on whatever consensus emerges. ICANN insiders have coined this the "multi-stakeholder, bottom-up, policy development process". more

Multistakeholderism Is Working: A Short Series of Articles

I was in a conversation with a close friend the other day, you know the kind where you have been friends for so long that you have endured each other experimenting with changed politics, evolving religion, and if you are unlucky, flirtations with multilevel marketing. We were discussing politics that day, which is not unusual given our ancient friendship and the recent change at the helm of the United States. more

“Internet Drivers License” - A Short History Lesson

The press, the blogosphere, CircleID - everybody has been discussing Craig Mundie's comment on the need for an "Internet Driver's License". Most of the reaction has been from privacy advocates fearing that this is simply another way to kill anonymity on the Internet. Oh well... that's the usual set of reactions. Now... the fun part is, a driver's license also shows that you have the competence to drive... more

Underneath the Hood: Ownership vs. Stewardship of the Internet

As is well known to most CircleID readers - but importantly, not to most other Internet users - in March 2011, ICANN knowingly and purposefully embraced an unprecedented policy that will encourage filtering, blocking, and/or redirecting entire virtual neighborhoods, i.e., "top-level domains" (TLDs). Specifically, ICANN approved the creation of the ".XXX" suffix, intended for pornography websites. Although the owner of the new .XXX TLD deems a designated virtual enclave for morally controversial material to be socially beneficial for the Internet, this claim obfuscates the dangers such a policy creates under the hood. more

ICANN’s Tax Exemption Requires Updated Review

In September 2015, John Levine asked why ICANN should be considered a tax-exempt organization following the completion of the U.S. government's transition of technical management of the Internet's Domain Name System (DNS). The U.S. Internal Revenue Service (IRS) determined that ICANN was an exempt organization in 2000 and, inarguably, circumstances have evolved materially since then. more

U.S. Government Strongly Affirms ICANN Model and New gTLDs

Larry Strickling, who runs the NTIA (the part of the U.S. Department of Commerce that handles ICANN), yesterday gave an important and remarkable speech to the Practicing Law Institute about Internet governance. His speech, timed to coincide with an orchestrated ICANN-bashing across town in the Senate, was a striking defense of the ICANN model and a repudiation of special pleading outside the process. more