Policy & Regulation

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".

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.

... 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.

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.

Is ICANN Entering a Bold New Era?

When Barack Obama succeeded George W Bush and became America's 44th president, it seemed he could do no wrong. But this was arguably more a consequence of the perceived inadequacies of his predecessor than a realistic reflection on his own abilities. A fact highlighted by Obama being awarded the Nobel peace prize a mere nine months after taking office, before he'd had any real chance of having an impact on America or the world. When Fadi Chehadé was formally introduced as ICANN's next CEO, at the organisation's 44th international meeting in Prague last June, there was an undeniable Obama effect...

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.

INET New York: Open Forum of the Copyright Alert System - Thursday 11/15

The Copyright Alert System, the result of a deal between big content and big ISPs, is a graduated response program - popularly known as the six strikes - that escalates from nastygrams, to copyright school, to Internet throttling. Just like SOPA/PIPA, enforcement targets will be arbitrarily selected by the content owners, but unlike SOPA/PIPA there will be no appeal via the courts - only to an arbitration firm hired by the program.

Telcos Cannot Wind Back the Clock

The proposals by the European and Arab telcos that are being considered at the World Conference on International Telecommunications (WCIT) conference in Dubai later this year are most certainly facing defeat. This is not because the USA believes that the international telecommunications regulations (ITR) cannot be discussed by the ITU. America has a rather strange set of national regulations in which they have combined internet infrastructure and content -- and as such they claim that this no longer has anything to do with telecommunications.

NEW CEO, Trademark Clearinghouse, URS and RAA Take Center Stage at ICANN 45 in Toronto

At his first meeting as CEO of ICANN, Fadi Chehade showed up ready to work AND to listen. ICANN's new CEO described his objectives for the organization which included 1) affirmation of purpose, 2) operational excellence, 3) internationalization, and 4) evolution of the multi-stakeholder model on which ICANN is built. He also described significant organizational changes to ICANN leadership and staff...

State Hacking: Do’s and Don’ts, Pros and Cons

Over the past days a lot has been said and written on counter hacking by enforcement agencies. The cause is a letter Dutch Minister I. Opstelten, Security & Justice, sent to parliament. Pros and cons were debated and exchanged. Despite the fact that I perfectly understand the frustration of enforcement agencies of having to find actionable data and evidence that gets criminals convicted in a borderless, amorphous environment, a line seems to be crossed with this idea presented to Dutch parliament. Where are we?