Policy & Regulation

Policy & Regulation / Featured Blogs

Why the Lawsuit Against .XXX Maybe the Best Sales Tool Ever For New gTLD Applicants

"There is a serious danger that ICM will establish and monopolize such a distinct market. As consumers seeking adult content become more aware of the .XXX TLD, registering and displaying websites in other generic TLDs may not easily be substituted for registration in the .XXX TLD." No that statement is not from the ICM Registry's sales material. more

New gTLDs and the 1%

While Occupy Wall Street and other groups representing the so-called 99% are getting most of the press, the 1% is raising its profile as well, at least when it comes to gTLDs. They are complaining that introducing global choice and competition to the Internet will cost them money. The chief of the Association of National Advertisers (ANA) now says that it has "spent the last few months" considering the new gTLD program, and has found it lacking. They want ICANN to shut the whole thing down. more

European Commission in Favour of New IANA Contract - Disapproves of US Only Bidding Process

In a move that shouldn't come as a surprise to anyone, the EU Commission has given a rather mixed welcome to the IANA bid. While they obviously like a lot of what they are seeing, they're also not overly impressed with the contract only being open to US companies. more

New TLD Spotted - .FUD

In politics, as in Internet policy, the most effective weapons are also the oldest. So when it came time for hard-line intellectual property advocates to make a desperate last stand against the new gTLD program, it came as no surprise they turned to the atomic bomb of rhetorical devices: FUD. FUD stands for "fear, uncertainty and doubt" and it is the tool of last resort when change is coming and you want to stop it. The theory is simple: the human response to fear is to cling to what's familiar and oppose what's new. So if you can scare enough people about the potential effects of a new policy or law, you stand a pretty good chance of preventing it from ever going into effect. more

IPv4 Historical Imbalances and the Threat to IPv6

It is an open secret that the current state of IPv4 allocation contains many accidental historical imbalances and in particular developing countries who wish to use IPv4 are disadvantaged by the lack of addresses available through ordinary allocation and are forced into purchasing addresses on the open market. As most of the addresses for sale are held by organisations based in the developed world, this amounts to a transfer of wealth from the developing world to the developed world, on terms set by the developed world. more

ICANN: The Stakes in Registrar Accreditation

Law enforcement demands to domain name registrars were a recurring theme of the 42d ICANN public meeting, concluded last week in Dakar. The Governmental Advisory Committee (GAC) took every opportunity at its public meetings with GNSO and Board, and in its Communique to express dismay, disappointment, and demands for urgent action to "reduce the risk of criminal abuse of the domain name system." more

Fair Notice and Applying for a New gTLD

Applying for a new generic Top-Level Domain (gTLD) will be expensive and complex. ICANN's Applicant Guidebook comprises 350 pages of dense instructions, spelling out the procedures to apply for a gTLD and to comment or object to the gTLDs applied for by others. Hidden among the forest of criteria and procedures is a problem that, unless solved, could deny good faith applicants the fair notice they deserve. more

Modest Proposals for gTLD Profits

When does a non-profit organization become a profit-making one? This and similarly fundamental questions about ICANN's institutional character are raised by the high probability that the gTLD project will produce profits for ICANN. How much money those profits will amount to remains in question, but it is increasingly difficult for ICANN to say that there will be no profit at all. more

The Coming Cybersecurity Regulatory Revolution

Cybersecurity regulation will take its place alongside environmental regulation, health and safety regulation and financial regulation as a major federal activity. What is not yet clear is what form the regulations will take. FISMA controls, performance standards, consensus standards and industry-specific consortia standards are all possible regulatory approaches. What is not likely is an extended continuation of the current situation in which federal authorities have only limited, informal oversight of private sector cyberdefenses (or lack thereof). more

The Introduction of New Domain Name Services: “Due Process” and Innovation

For those interested in encouraging innovation in the domain name space -- which presumably includes the ICANN community currently convening in Dakar -- the recent episode in which VeriSign proposed, and then quickly withdrew, a bundle of new services (the VeriSign anti-abuse domain use policy) raises important issues that will be revisited as new gTLDs are introduced. Some of those issues are referenced in a recent blog post by Milton Mueller, but his emphasis on "due process" suggests a regulatory framework that is not friendly to innovation. more