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Why the Republican Policy Brief on Copyright Should Have Been Withdrawn

On November 16, the Republican Study Committee, a caucus of conservative Republican members of the U.S. House of Representatives, inadvertently released a policy brief entitled "Three Myths About Copyright Law" which was quickly withdrawn. Of course, as a work of the U.S. government, this document does not itself enjoy copyright protection, so it is widely available on the internet through groups like The Internet Archive project. more

First Insights from the GAC Early Warnings on New Top-Level Domains

Today, the national governments that constitute ICANN's Governmental Advisory Committee (GAC) for the first time publicly voiced their concerns over specific new Top-Level Domain (TLD) applications in the form of Early Warnings. More than 240 individual GAC Early Warnings were issued in relation to 200 new TLD applications which account for 162 unique strings. By far the most prolific government to issue GAC Early Warnings was the Australian government with 129. more

Making Multi-Language Mail Work (Part 1)

Mail software consists of a large number of cooperating pieces, described in RFC 5598. A user composes a message with a Mail User Agent (MUA), which passes it to a Mail Submission Agent (MSA), which in turn usually passes it to a sequence of Mail Transfer Agents (MTAs), which eventually hand it to a Mail Delivery Agent (MDA) to place it in the user's mail store. If the recipient user doesn't read mail on the same computer with the mail store (as is usually the case these days) POP or IMAP transfers the mail to the recipient's MUA. more

Applicant Auction for Top-Level-Domains:? Resolving Contention Fairly, Efficiently & Transparently

The quest for new top-level domains took an important step last spring with 1,930 applications to ICANN. 755 of these applications, from 145 different parties, are under contention. ICANN has encouraged these applicants to resolve the contention among them, and has established a last-resort auction in the event agreements among applicants cannot be reached. Here I describe a private auction model, the Applicant Auction, which is an efficient, fair and transparent approach to resolve contentions. more

How Far Will U.S. Regulators Bend to AT&T and Verizon?

Recent events relating to the network plans of AT&T and Verizon are extraordinary: it appears that the commercial and lobbying clout of two major telcos is determining the telecom services which their customers can receive, the technology they will receive them with, and whether they will receive them at all. Already a large number of states have agreed to dismantle Carrier of Last Resort (COLR) obligations on them, while the FCC itself is being advised to change the rules to suit the business interest of the telcos. more

ICANN Clarifying Questions - Question 50 Focus (Part 3 of 3)

If the timeline for turn-around of clarifying questions (CQs) remains two-weeks, the long pole in your CQ tent is likely to be revising your Q50 letter of credit or escrow agreement to meet the ICANN requirements. Based upon ICANN comments, it appears that many applicants are having trouble meeting the specific letter of credit (LOC) or escrow agreement language. To remedy this ICANN should consider publishing what it considers acceptable language for an LOC or escrow agreement. more

FISMA Failings: Could EPA’s IT Defense Deficiencies Silence the Agency?

The possibility of unauthorized access to EPA information raises an array of concerns since EPA-held data includes various types of Confidential Business Information, scientific research data, environmental databases, agency plans for responding to "incidents of national significance" and other security-related matters, and environmental monitoring data used in regulatory enforcement actions. more

Is ICANN Stumbling Forward? GAC Advice and Shared Decision Making Procedures

When Bill Clinton addresses the 40th ICANN meeting in San Francisco in March 2010 he described Internet Governance as a process of "stumbling forward". Stumbling is good, he said, as long as it goes forward. Five ICANN meetings later - in the meantime ICANN adopted the new gTLD program, got nearly 2000 applications for Top Level Domains (TLDs) and has a new CEO - the "stumbling forward" goes into the next round. more

ICANN Sued by Original .web Applicant

Kevin Murphy reporting on DomainIncite: "Image Online Design, which unsuccessfully applied for the .web gTLD all the way back in 2000, has sued ICANN, alleging trademark infringement and breach of contract. IOD, which says it has over 20,000 .web domains under management in an alternate root, says ICANN never officially rejected its .web bid, and that it should not have allowed other companies to apply for it." more

The Draw: ICANN and a Severe Case of Virus Infection

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

What’s Next for gTLD Applicants?

Applicants will have some considerable work to do over the next several months as the Evaluation Panels consider application comments and pose clarifying questions, the Governmental Advisory Committee (GAC) concludes its review for Early Warnings, and Objections are filed. In addition, Applicants have an opportunity to help ICANN with their timelines by settling string contention as soon as practical. more

ICANN Africa Strategy: A New Approach to Africa - Welcome, But Not Inclusive

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

Is the WCIT Indeed Wicked?

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

European Privacy Authorities Object to ICANN Whois Proposals

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

What to Say About the Treaty on the ITRs: Crib Notes

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