Policy & Regulation

CircleID’s Top Ten Posts of 2012

Here are the top ten most popular news, blogs, and industry updates featured on CircleID during 2012 based on the overall readership of the posts for the past 12 months. Congratulations to all the participants whose posts reached top readership and best wishes to the entire community for 2013.

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?

Internet Governance Outlook 2013: “Cold Internet War” or “Peaceful Internet Coexistence”?

Anyone who expected that with the end of the Dubai ITU World Conference on International Telecommunications (WCIT) in December 2012, the heated debate on the future regulation of the Internet will slow down should remember to fairytale of the battle of the knight with the seven-headed dragon. Hardly a head is cut off, another is growing. In 2013 the discussion on Internet freedom will likely gain in sharpness.

Copyright Infringement and ccTLDs

.tk was once designated as the riskiest ccTLD. .ru is often said to be, after .com, the most used in the content of spam messages. But is there a ccTLD that is a favorite destination for copyright infringement? The question is worth asking in view of the growing trend for .com domain names seizures related to copyright infringement.

Calling Stumps at WCIT: Win, Lose or Draw?

The problem with setting expectations is that when they are not fulfilled the fallout is generally considered to be a failure, and while everyone wants to claim parenthood of success, failure is an orphan. In that sense it looks like the WCIT meeting, and the International Telecommunications Regulations (ITRs) that were being revised at that conference this month are both looking a lot like orphans. There have been a number of reports of the outcome of the two week... Most of the blogs were quick to characterize the outcome as a loss for the dark forces that lurked somewhere in the closets of the ITU's headquarters in Geneva. But there is more to it than that.

To Flat or To Cap?

I don't think it's a surprise to anyone, but it's the Christmas season again and doubtless a large number of television sets will be sold as part of the annual retail festivities. But these days the devices for sale in the shops are not just televisions: today's television is perhaps better described as a media computer with a very large display. Sure, the device can tune in to radio transmissions and display them... but the device also is equipped with either a WiFi or an Ethernet jack, or both. This alone sounds like a relatively innocuous addition to the television, but it's providing to be a highly disruptive change in the traditional Internet market space.

After Saying No in Dubai: What Next

What occurred in Dubai on 14 December was unprecedented in the history of the ITU. It was unprecedented in the history of international telecommunication law. Most of the major nations of the telecommunication world rejected a profoundly broken treaty instrument that had no reason to even exist. A large number of "minor" networking nations accepted the obligations of the treaty instrument, although almost all of them entered significant reservations. In the long history of telecommunication law and intergovernmental organizations since 1850, this has never occurred.

WCIT and Internet Governance: Harmless Resolution or Trojan Horse?

The Resolution No. 3 called "To Foster an Enabling Environment for the Greater Growth of the Internet" became the subject of a rather substantial controversy during the recent World Conference on International Telecommunication (WCIT) which ended last week in Dubai. Some people have argued that they did not understand the noise around the short text... However a second reading of the ten paragraphs makes you sensitive that this "harmless resolution" could become also a "Trojan Horse".

WCIT Denouement

It is midnight in Dubai and I am listening to the final readings of the International Telecommunication Regulations (ITR). This instrument is the final output of two weeks of negotiations at the World Conference on International Telecommunication (WCIT), a gathering of the world's nations to update the the ITRs. The Chair goes through the document article by article, section by section, and with each passing "thank you", this Conference draws to a close. Many in the room are elated.

WCIT-12 Disappoints, More Work to Be Done

In the end it was a disappointment that the treaty on International Telecommunications regulations (ITRs) that had been under negotiation for two weeks at WCIT-12 was not acceptable to 55 countries, and that, as a consequence, these countries did not sign the final version of the international treaty (89 did sign). After two weeks of sometimes fractious negotiation - 1,275 proposals were discussed in all - the contentious issues were significantly watered down. However the dissenting countries felt that the key issue - anything in relation to the internet - should not be included at all and, quite correctly, did not compromise on that.