In the wake of Google's settlement with the Department of Justice for permitting advertising by illegal online pharmacies, what are the legal implications for Domain Name Registrars and ISPs in the US and elsewhere? In short, if you're a Registrar or ISP, it's a new ballgame. Here's why it's critical for you to steer clear of criminal and civil liability by making sure your registration services aren't used by rogue online pharmacy criminals. (And, here's how to do it.) more
Forty days. That's how long Fadi Chehade has had to get a handle on the most complex, diverse and important non-profit corporation the world has ever known. The last guy to face such an unforgiving timeline was measuring timber in cubits. So if Cheade is Noah, I guess that makes ICANN Chairman Steve Crocker God, telling Fadi to wrangle all these diverse (and often diverging) constituencies and march them two-by-two into the boat, ahead of the coming storm. more
I propose calling it Values Disorder Syndrome (VDS). It is a virus affecting groups of people. Though rational as individuals, sufferers acting in groups display an inexplicable addiction to the thrill of impunity. That behavior is totally irrational and unrelated to any perspective of gain or purpose... It is certainly a virus, and we know it goes around in ICANN circles. The proof is that the ICANN board has caught it. more
Someone was talking the other day about the ITU and what they think about the issue of Internet Governance. I know what the ITU Secretariat wrote in a paper some years ago (Bulgaria was one of the governments heavily criticizing the errors and flaws in the ITU paper), but also decided it might be interesting to show how this question has evolved in the words of the ITU Secretary-General Hamadoun Toure, by finding out how his positions on that issue, and on the role of the ITU have changed through the years. more
There is a new attempt to refocus on Africa. A recent announcement titled "A New Approach to Africa" was greeted with excitement but deliberations that transpired in a Global mailing list have projected a whole new dimension and caused a certain amount of dissatisfaction in some quarters. Africa had a good opportunity in the current ICANN new gTLD programme to submit applications for at least 17 gTLDs. more
In response to a letter from ICANN's Noncommercial Users Constituency (NCUC) to data protection authorities concerning overreaching requests of law enforcement agencies in ICANN's ongoing Registrar Accreditation Agreement negotiations, the Article 29 Data Protection Working Party has written the ICANN Board. more
The traditional network operators see OTT services as a threat, and the companies offering them are perceived to be getting a free lunch over their networks - they are calling for international regulation. In particular, the European telcos (united in ETNO) have been claiming that this undermines their investment in infrastructure and they want to use the WCIT conference in Dubai later this year to lobby for regulatory changes that would see certain levies being levied - something that is strenuously opposed by, among others, the USA and the APAC countries. more
Look past the panic over December's World Conference on International Telecommunications (WCIT); it's unlikely to be a catastrophe for several practical reasons: (1) the negotiation lasts ten days, so there is not enough time for 193 countries to agree on how to phrase catastrophe (2) large multilateral events tend to converge, like so many voters, on the centre, and (3) the putative chairman of the event is a seasoned grown-up, and will not allow the treaty to break the global information grid. more
The Microsoft action against 3322.org, a Chinese company, started with the news that computers were infected during the production phase. Stepping away from the controversy surrounding the approach, there are important lessons that cyber security officials and upper management, deciding on the level of and budget for cyber security in organisations should learn and take into account. I'm writing this contribution from a premise: China uses the fact that most IT devices are built in China to its advantage. Allow me to start with an account from personal memory to set the stage. more
Today I released a report on 'National cyber crime and online threats reporting centres. A study into national and international cooperation'. Mitigating online threats and the subsequent enforcing of violations of laws often involves many different organisations and countries. Many countries are presently engaged in erecting national centres aimed at reporting cyber crime, spam or botnet mitigation. more
The announcement last month of a new approach by the Internet Corporation for Assigned Names and Numbers (ICANN) to Africa is welcome, and significant for a number of reasons. Africa must participate in ICANN's activities to help shape its policies, and benefit from the domain name industry (estimated at $2 billion in 2008), where it lags behind other regions, given the few African registrars, and that there are no generic top-level domain names (gTLDs) registries that are African. more
ICANN's 2012 Nominating Committee (NomCom) selections are out. After a yearlong process, the NomCom has selected new members for the ICANN Board (3 seats), the GNSO and ccNSO Councils (1 seat each) and ALAC (2 positions). For those unfamiliar with it, the NomCom is in theory independent of other ICANN bodies such as the Board and exists to help fill leadership positions on them. more
This year in July gen. Keith Alexander, director of the National Security Agency and head of the US Cyber Command participated at DefCon, the hackers conference in Las Vegas. In his address, gen. Alexander said, among other things, "This is the world's best cybersecurity community. In this room right here is the talent our nation needs to secure cyberspace."... As someone, who is regularly meeting the top Russian cyber folks, I already know (unofficially, of course) how the words of gen. Alexander were met in Moscow. more
The term "jurisdiction" has various definitions in law, but for our purposes here we can say it is the power of some legal body to exercise its authority over a person or subject matter or territory. In the Internet today, it is territory that gives rise to many major issues. As in real estate, what matters in jurisdiction is "location, location, location". When the Internet and trademark rights began to intersect, it quickly became apparent that traditional concepts of the jurisdiction of courts and legislatures would be seriously strained by situations where a registrant in one country could use a registrar in a second country to register a domain name in yet a third country. more
In a recent CircleID posting related to the ITU-T, the demise of that body over the years and the underlying causes were described. Among other questions, it raises the question of where has the industry technical collaborative activity gone. The short answer is just about everywhere else. This was exemplified by a recently compiled spreadsheet of some 200 different cloud forums prepared by the ITU-T's own cloud coordination group. more
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