Policy & Regulation

Policy & Regulation / Featured Blogs

It’s Not Paranoia if They Are Really After You!

In the latest development from the World Conference on International Telecommunications, a new "compromise proposal" has been leaked to wcitleaks.org. This proposal is certainly no compromise, as it not only is a bald faced power grab by the sponsors (Russia, UAE, China, Saudi Arabia, Algeria, Sudan at this point), but shows a stunning lack of comprehension of how the Internet works and how it is currently governed. It also shows that the coalition of Civil Society groups and private sector organisations that have focused on WCIT have been correct all along.  more

WCIT’s Security Issues

Another contentious issue at the WCIT in Dubai is 'security'. There has been a dramatic increase in nervousness regarding a whole range of security issues, especially in relation to the internet. They include: SPAM, denial-of-service-attacks, identity theft, cybercrime, cyberwarfare, and privacy issues on social media. From the list above it is clear that some of these issues are related to content, while some can be classified as national security and others as criminal offences. In other words, there is no clear-cut issue on what constitutes security. 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

Sovereignty and the Geography of Cyberspace

The cross-border nature of the Internet challenges an international system based on separate national jurisdictions. Unfortunately, discussions among governments on this growing tension easily spiral into ideological infighting about the application of sovereignty. Early November however, 1600 participants from 100 countries gathered for the 7th annual Internet Governance Forum (IGF)... Several sessions showed that it is possible to address the relations between the Internet and sovereignty in a responsible manner. more

Why the Republican Policy Brief on Copyright Should Have Been Withdrawn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

Pot…Kettle…Black: The REAL Hypocrisy Threatening the Future of the Internet

Amongst all of the media pieces in the run up to WCIT-12 next week, few have been as counterfactual as that appearing on the website of the National Journal. The editor, Jean-Christophe Nothias clearly has very little knowledge of how Internet economics or governance works, making such uninformed statements such as "Critically, the connections between the approximately 40,000 autonomous servers at a global level are ruled by contractual agreements between operating agencies." more

Africa vs. Africa: The GAC Early Warnings on New gTLD Applications Indicate an Africa Divided

Last week, the much-anticipated Governmental Advisory Committee (GAC) Early Warnings on new gTLD applications were finally issued. And the GAC didn't disappoint. A total of 242 warnings were issued on 163 strings (including 31 strings applied for by Radix). The GAC warnings yet again show that Africa is perfectly capable of being at the top of league tables -- for the wrong reasons. more

Why Vint Cerf is Wrong

At the Internet Governance Forum in Baku, I made an intervention on behalf of NL IGF, reporting on the recommendations given by the participants of Workshop 87... I concluded that more regulatory and law enforcement bodies need to become part of the IGF discussions, as they are an integral part of governing the Internet from a safety and security perspective. Mr. Cerf responded with a one-liner: "I can't help observing, if we keep the regulatories confused, maybe they will leave us alone". more

ICANN’s 11th-Hour Domain Name Trademark Policy Negotiations: The Good, The Bad, and The Ugly

ICANN organized a meeting on 15-16 November 2012 in Los Angeles, the Trademark Clearinghouse policy negotiations... I participated on behalf of noncommercial users in the policy meeting in person in LA on 15 November, and then for part of the discussion on 16 November via telephone. Here is my personal evaluation of the meeting and my initial reactions to the output of the meeting pending further discussion with the NCSG Policy Committee. more

... and still we are left wanting: Malta’s White Paper on Digital Rights

Last month, the Government of Malta published a White Paper for public consultation, proposing the introduction of four so-called "digital rights" in the Constitution of Malta. The proposal is indeed a step in the right direction but lacks punch where it matters most. While the government's efforts are commendable, the White Paper is riddled with misconceptions and does not go far enough. more