Internet Governance

Top Ten Internet Law Developments of 2012

I'm pleased to share my list of top 10 developments of 2012... I'm surprised whenever I read about a new European ruling that's adverse to a Silicon Valley company, because at this point I assume that everything Silicon Valley companies do in Europe is already illegal. Google, Facebook and other Silicon Valley players are under constant legal attack in Europe on countless fronts. Everyone might be happier if the Silicon Valley players just got out of Europe altogether. more

The Right to Internet Access

President Sarkozy of France recently managed to get his 'Création et Internet' law passed by the National Assembly, and if all goes well in the Senate then French internet users will soon find their activities being supervised by HADOPI, the grandly named 'Haute Autorité pour la Diffusion des Œuvres et la Protection des Droits sur Internet.' The rights it is concerned with are not those of ordinary net users but of copyright owners, and especially the large entertainment companies that have lobbied so hard and so successfully for the power to force internet service providers to terminate the accounts of those accused of downloading unlicensed copies of music, films and software... more

Islamic TLDs and the Challenge of Good Governance

As governments ask themselves whether they should not be the only ones in charge, and everyone else is more determined than ever to stay involved, Internet governance is now a front-page topic. But away from the theoretical debates about which model is best, one real-life situation may end up looking strangely like a vindication of the multi-stakeholder model by governmental organisations. The situation in question is that of Islam and Halal. Two applications that look like they are caught in a kind of new gTLD program groundhog day. more

Multistakerholderism and Its Discontents: A Reply

Twenty years after multistakeholderism helped save the Free Internet and present-day Internet governance from a potentially existential crises, the term is again triggering some strong emotions. There are very real questions around definitions, accountability, participation, and even legitimacy in all multistakeholder models. Within Internet governance, there are declared enemies of the multistakeholder approach... more

Vint Cerf Comments on Government’s Role in Internet Broadband Access

Some offhand comments by Google's Vint Cerf at a recent event seem to have a triggered a panicky "Vint Cerf proposes nationalizing the Internet" buzz that's been ramping up fairly rapidly. Holy BitTorrent, Batman! Army paratroopers seen dropping into parking lots at AT&T and Comcast, while the Transportation Security Agency orders us all to remove our shoes before surfing the Web! Settle down, everyone. As usual with these kinds of stories, the truth is significantly different from the breathless buzzing. Here's how Vint described his thinking on this issue to me... more

ICANN Explains “Brazil Meeting” Initiative

Given the post-Prism political climate, it should come as no surprise that the 8th edition of the UN-initiated Internet Governance Forum (IGF), currently happening in Bali (Indonesia), is showing record-braking attendance with more than 2,000 delegates. With a byline of "building bridges: enhancing multistakeholder cooperation for growth and sustainable development", the meeting's main theme is clearly the need to evolve the current model for Internet Governance. But not quite everyone has the same view on exactly how that should happen.  more

Much Ado About WCIT-12 and Multi-Stakeholderism

In the last month of last year, the World Conference on International Telecommunications (WCIT-12) ended in Dubai amid, not hugs and fanfare, but finger-pointing and acrimony. The end, much anticipated as it was, wasn't the finest hour for international cooperation for the global public interest. Looking back, one would be forgiven to conclude that the WCIT-12 was doomed to fail. more

Internet Governance and the Universal Declaration of Human Rights, Part 5: Article 15-17

Internet Governance, like all governance, needs to be founded in guiding principles from which all policy making is derived. There are no more fundamental principles to guide our policy making than the Universal Declaration of Human Rights, (UDHR). This article as Part 5 of the series of articles (published in installments), and we are revisiting Article 15 to look at empowered Digital Citizenship and Internet Governance, to move on to the rights to a family and property more

China Won’t Repeat Protectionist Past in Digital Realm

Google may have unnecessarily provoked a fight with China, but the Middle Kingdom better keep its wits, lest it repeat a sad protectionist history. Early last millennium China was the world's richest civilization and technology leader. It famously invented gunpowder, iron casting, paper, porcelain, printing, and gigantic nine-masted sailing vessels. Between 1405 and 1433, the great Muslim Chinese explorer Zheng He led seven expeditions in the South Pacific and Indian Oceans, reaching the coast of East Africa. China's naval fleet grew to 3,500 ships... more

9 Thoughts on Stepping Up Spam and Malware Enforcement

In a tweet, EU commissioner for the Information Society Neelie Kroes congratulates OPTA on the spam fine for the golf ball printing company Backsound. Since 2004 the Dutch OPTA is the number one spam and malware fighter of the EU with a total of €1.9 million in fines. It made me ask two question to myself: How come that we seldom hear of other spam fines in the EU? And can the EU change this in any way? more

Recalibrating the DoH Debate

At the Internet Engineering Task Force (IETF) it is time we accept the wide range of drivers behind (and implications of) standards and for stakeholders to start listening to each other. A protocol recently released by the IETF, DNS over HTTPS (DoH), is at the centre of an increasingly polarised debate. This is because DoH uses encryption in the name of security and privacy and re-locates DNS resolution to the application layer of the Internet. more

IANA Checkmate - Fool Me Once, Shame on You, Fool Me Twice Shame on Me

In connection with the recent publication of the IANA RFP, there have been some commenters that have proclaimed that removing the requirement of the Contractor to document the consensus of relevant stakeholders in connection with the delegation of new gTLDs from the original draft Statement of Work as a win for ICANN. However, when reading the recently revised IANA RFP language in light of the Government Advisory Committee (GAC) Dakar Communiqué, a rather compelling legal case can be made... more

ICANN and the Hyper-Aggressive Trademark Owners: The “Monster Test”

We read and hear a lot of complaints from trademark interests about allegedly rampant cybersquatting and other forms of trademark infringement, but it's rare to see a story about reverse domain name hijacking and other abuses committed by them. That's what made it so refreshing to see an article in the Saturday, April 4th Wall Street Journal titled "The Scariest Monster of All Sues for Trademark Infringement – Fancy Audio-Cable Outfit Defends Its Brands; A Mini Golf Course Fights Back". more

Only Bad Actors Should Worry About the URS

With DNS abuse a topic of increased concern throughout the community, any controversy over adopting the Uniform Rapid Suspension System (URS) for all generic top-level domains (gTLDs) seems misplaced. The URS was designed as a narrow supplement to the Uniform Domain-Name Dispute Resolution Policy (UDRP), applicable only in certain tightly defined circumstances of clear-cut and incontrovertible trademark infringement involving the registration and use of a domain name. more

Understand More, Fear Less: Will G20 Be Able to Contribute to an Internet Future with a Human Face?

Last week, the G20's ministers responsible for the digital economy met in Düsseldorf to prepare this year's G20 summit, scheduled for Hamburg, July 2017. Building on important strides initiated two years ago during the G20 summit in Antalya and based on the G20 Digital Economy Development and Cooperation Initiative (DEDCI), which was adopted last year under the Chinese G20 presidency, the Düsseldorf meeting adopted a "G20 Digital Economy Ministerial Declaration" which also includes a "Roadmap for Digitalisation". One day before the ministerial meeting, non-state actors were invited to discuss "Policies for a Digital Future" within a so-called Multistakeholder Conference. more