Internet and Self-Governance? An Example

At the Government Roundtable meeting in Amsterdam on 12 September RIPE NCC presented on her results on auditing Local Internet Registries (LIRs) and on the policy process concerning certification of her members. If this showed something to the world it is that cooperation with governments and law enforcement agencies (LEAs) pays off and self-governance can work. How did this come about? more

Over 50 Domain Operators in China Ask ICANN for Immediate Fee Waivers Due to Impact from Coronavirus

Over 50 domain name registries and registrars in China have sent a joint letter to ICANN requesting immediate consideration to remove the 2020 fees. more

European Commission Killing Off Thousands of EU Domains Due to Brexit

After the Brexit vote, I wrote that there could be an impact on EU registrants based in the UK. Over the past year, the UK government has been engaged in negotiations with the EU to navigate the application of Article 50 and the UK's exit from the European Union. While there has been a lot of focus on issues like the customs union and the border between Ireland and Northern Ireland, the eventual departure of the UK from the EU will have a tangible impact on the European digital economy. more

Typosquatting as Per Se Cybersquatting Unless Proved Otherwise

The quintessence of typosquatting is syntactical variation: adding, omitting, replacing, substituting, and transposing words and letters. Since these minor variations are mostly indefensible, respondents rarely respond to complaints, although as I will explain in a moment there can also be innocent and good faith syntactical variations which are not typosquatting. It follows that if there are defenses, respondents should prudently respond and explain their choices because default generally favors complainants. more

Loopholes and Ambiguities in Contracts that ICANN Oversees

ICANN oversees the creation of many contracts. Its highest paid contractor has historically been the law firm of Jones Day, and of course ICANN has many lawyers on staff. In the past I've identified loopholes in proposed contracts, and those were corrected before they were exploited. However, are there other loopholes sitting in existing contracts waiting to be exploited, or ambiguities with major financial consequences depending on their interpretation? more

What Duopoly?

For the last twenty years, the industry has talked about broadband in cities as a duopoly, meaning there was competition between cable companies and telcos -- competition between cable modem broadband and DSL broadband. Twenty years ago, there was a true duopoly when the speeds on DSL and cable modem were close in capability. The market at that time demonstrated real duopoly behavior. more

Public Private Cooperation: The Zeus Take Down Example

Microsoft took down a Zeus botnet recently. Within days it was publicly accosted by Fox-IT's director Ronald Prins for obstructing ongoing investigations and having used Fox-IT's data. This was followed by the accusation that Microsoft obstructs criminal proceedings... On top of all this EU Commissioner Cecilia Malmström announced that cooperation between law enforcement and industry will be forged in the European Cyber Crime Centre as of 2013. Coincidences do not exist. Why? more

Google and Verizon Offer a Gift to Spammers

Earlier today, Google and Verizon offered a widely publicized "Proposal for an Open Internet." There's been extensive comment with lots of reasons not to like it, but one I haven't seen is that the proposal would make it much harder to filter so-called "mainsleaze" spam. ... The problem is that under the pitifully weak CAN-SPAM law, a lot of spam is entirely legal. more

What It Takes to Prove Common Law Rights in UDRP Complaints

The Uniform Domain Name Dispute Resolution Policy now has seventeen years of history. A high percentage of disputes are indefensible and generally undefended. As the history lengthens, early registrants of dictionary word-, common phrase-, and arbitrary letter-domain names have been increasing challenged in two circumstances, namely by businesses who claim to have used the unregistered terms before respondents registered them and later by emerging businesses with no history prior to the registrations of the domain names. more

Criminal Checks Needed for Domain Name Tasting, Kiting, Spying

International organisations should step in to prevent the "tasting," "kiting" and "spying" related to Internet domain names, say representatives from the US telecommunications and trademark industries. These new activities are dramatically altering online commerce and impacting legitimate businesses, and the United States Federal Trade Commission (FTC), World Intellectual Property Organization (WIPO) and the Internet Corporation for Assigned Names and Numbers (ICANN) should take action, they say. The US Anti-Cybersquatting Consumer Protection Act (ACPA) had too many loopholes given the actual trends in the domain name secondary market, said Sarah Deutsch, vice president and associate general counsel for Verizon, and Marilyn Cade, former AT&T lobbyist and now consultant on Internet and technology issues... more

More on Networks and Nationalization With Respect to Cyberwar

As a follow up to Susan Brenner's Networks and Nationalization and my comment there, I will go further in this post and talk about the "cyberwar" and "offense" aspects of her article. I think I made this point elsewhere as well... but before getting into a war, it'd be a brilliant idea to actually know that you can win. Cyberwarfare is the sort of game where you don't really need to be a huge government with the largest standing army in the world and sophisticated weaponry in order to win... more

The Internet And Its Governance: Where Should We Look For Models?

The US Department of Commerce (DOC) has recently signed a new contract with the Internet Corporation for Assigned Names and Numbers (ICANN) for one more year. ICANN and the DOC are to continue to work together to design an organizational form that is suitable to administer and control the infrastructure of the Internet. That infrastructure includes the IP numbers, which are critical to the functioning of the Internet protocol TCP/IP. These numbers must be unique for the Internet to continue to function. The infrastructure also includes the protocols that make the Internet possible. Protocols involve the conventions or agreements that each network that is part of the Internet accepts in order to make communication possible across the boundaries of the different technical and political and administrative entities that comprise the networks of the Internet. Another component of the Internet's infrastructure is the domain name system (DNS). This system includes the names that identify various sites on the Internet and the translation of those names into IP numbers via the system of computers that make the one to one mapping between names and numbers. more

US Court Upholds FCC’s Net Neutrality Repeal But Says States Can’t Be Barred from Passing Own Rules

A U.S. court decision today determined net neutrality laws could return at the state level overruling Trump administration's effort to block states from passing their own net neutrality laws. more

Internet Regulation in the Age of Hyper-Giants

As we enter the seventh round of the net neutrality fight, advocates continue to make the same argument they've offered since 2002: infrastructure companies will do massive harm to little guys unless restrained by strict regulation. This idea once made intuitive sense, but it has been bypassed by reality. ... When Tim Wu wrote his first net neutrality paper, the largest telecoms were Verizon, AT&T, and SBC; they stood at numbers 11, 15, and 27 respectively in the Fortune 500 list. more

Human Network, Human Challenges

It has now been about eight months since I joined the Internet Society as the Director of Deployment & Operationalization and I still get asked on a fairly regular basis "what do you do?" Well, with ISOC's Chief Internet Technology Officer Leslie Daigle's recent departure, and with my time here having exceeded both my first 120 days and my first 6 months, this seems like the right moment to reflect on my brief tenure here so far and perhaps pontificate a bit on where we're going - and why. more