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Thoughts on the Open Internet - Part 5: Security

Any form of public communications network necessarily exposes some information about the identity and activity of the user's of its services. The extent to which such exposure of information can be subverted and used in ways that are in stark opposition to the users' individual interests forms part of the motivation on the part of many users to reduce such open exposure to an absolute minimum. The tensions between a desire to protect the user through increasing the level of opacity of network transactions to third party surveillance, and the need to expose some level of basic information to support the functions of a network lies at the heart of many of the security issues in today's Internet. more

Google’s .App TLD Application Under Fire

I've written about "closed generic" new TLD applications several times over the last year. I'm opposed to them, as I've said in the past and continue to say today. However I've generally been supportive of "restricted" TLDs. The Association for Competitive Technology (ACT) has serious concerns about Google's application for .app and want ICANN's board of directors to treat as a "closed generic". 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

A Digital Protocol From Kyoto and a Cyber Message From Hamburg: IGF and ICANN Are Well Prepared for the Future

On October 12, 2023, the 18th Internet Governance Forum (IGF) ended in Kyoto. It was, with more than 9000 registered participants, the largest IGF since its inception in 2006. UN Secretary-General Antonio Guterres and Japan Prime Minister Fumio Kishida opened the five-day meeting. The tangible output included 89 "IGF Messages from Kyoto," four substantial reports with recommendations from IGF Policy Networks (PN) for Artificial Intelligence... more

Saying No to the ITRs

The afternoon of 13 December in Dubai is notable for one important deadline -- "declaration" if a Nation State is willing to accept the obligations of the resulting treaty instrument and if so, subject to what conditions. It is worth emphasizing that multilateral treaty instruments are serious constraints on a Sovereign's powers, and most nations even if they do sign, make general declarations that provide escape routes to the obligations. more

Cyber Diplomacy History at Foggy Bottom: The Latest Chapter

Foggy Bottom is the local affectionate name for the U.S. State Department -- because of its location near a former low-lying Potomac River lagoon in Washington DC. It recently announced the appointment of Nate Fick as the head of its "Bureau of Cyberspace and Digital Policy," pending Congressional approval because it is wrapped up with ambassadorial status. The term "cyber" in this international diplomacy context has come to include all manner of electronic communication and information systems and services, i.e., ICT. more

An Internet Governance Update

A lot of people (including me) are pretty upset at revelations of the breadth and scale of NSA spying on the Internet, which has created a great deal of ill will toward the US government? Will this be a turning point in Internet Governance? No, smoke will continue to be blown and nothing will happen. Governments are not monolithic. What people call Internet governance is mostly at the DNS application level, and perhaps the IP address allocation. more

GCIG Releases Final Report, ‘One Internet’

Monika Ermert reporting in the IP Watch: "On the eve of the third internet-related Ministerial Meeting of the Organisation for Economic Development and Cooperation (OECD) starting tomorrow in Cancun, Mexico, the Global Commission on Internet Governance (GCIG) published a think report on 'One Internet.' Calling for a new 'social compact' for the internet, the 140-page report that was fed by 50 research studies has a number of well-known recommendations, some surprisingly technical and some interesting ones." more

Report and Analysis of Public Comments Submitted to ICANN on the .COM Pricing Provisions (Part I)

ICANN's call for Public Comment on Proposed Amendment 3 to the .com Registry Agreement yielded 9,040 public comments during the six-week comment period that ran from January 3, 2020 to February 14, 2020. The public response was amongst the most robust if not the most robust, that ICANN has ever received. To put this in context, the last several Public Comment periods received under 20 comments apiece. more

The Path Forward: Accountability Through the IANA Transition

It's clear that the US government is intent on dropping its legacy contractual role for the IANA functions. Whatever your views on the wisdom or timing of that decision, the challenge now is to ensure that the transition leaves ICANN in the best possible position to succeed. Arriving yesterday to the island nation of Singapore felt strangely appropriate. Over the past week I've been one of the lonely people in the ICANN community to express concern about the US government's decision. more

Does ICANN Need to Evolve Its Code of Conduct?

If you follow the Internet governance world like I do, you've no doubt had time to ponder the news of former ICANN Board Chair Peter Dengate Thrush's appointment as Executive Chairman of Top Level Domain Holdings Limited (TLDH). This was a seemingly fast jump from the body that coordinates the Internet (whose most recent milestone was to approve the creation of new gTLDs) to one of the key companies that stands to actively benefit from this burgeoning part of the domain name industry. Further, he's taken up a position that, according to reports, will allow him to benefit substantially as well. more

Whither .XXX?

What's going to happen this week on .XXX? Nairobi is the first public board meeting since the independent review panel's nonbinding declaration in February that ICANN acted against its own rules in refusing to go ahead with .XXX. Reports that ICANN is going to 'do something' about .XXX have gone around the world via BBC news, and even surfaced on the radio in rural Ireland. The ICM team are out in force here in Nairobi, and there is endless speculation about what will happen at the Board's meeting on Friday. more

Remembering the Cybersecurity Treaty That Never Happened

The cybercrime legal community from around the globe is meeting under the aegis of the Council of Europe (COE) to hold the annual Cooperation against Cybercrime conference dubbed Octopus 2021. It is also celebrating the 20th anniversary of the Cybercrime Convention treaty signed in November 2001 in Budapest. Not celebrated and little known, however, is the Stanford Draft -- A Proposal for an International Convention on Cyber Crime and Terrorism -- and the initiative begun in 1997 which brought about that draft treaty instrument. more

Facebook’s “Supreme Court” Has Implications for International Law

Last year, Facebook created its widely dubbed "Supreme Court" (officially the Oversight Board) in an effort to outsource some of the platform's most difficult content decisions. By all accounts, Facebook hoped the Board would have global legitimacy to make the toughest content decisions and help avoid reputational damage for being biased, arbitrary, tone-deaf, or worse. more

GNSO Constituencies Issue Unanimous Joint Statement on ICANN Accountability

In an unprecedented development, all stakeholder groups and constituencies comprising ICANN"s Generic Names Supporting Organization (GNSO) unanimously endorsed a joint statement in support of the creation of an independent accountability mechanism "that provides meaningful review and adequate redress for those harmed by ICANN action or inaction in contravention of an agreed upon compact with the community". The statement was read aloud during a June 26th session on the IANA transition process held on the last day of the ICANN 50 public meeting in London. more

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