Policy & Regulation

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Proxy-Privacy User Higher for Illicit Domains

WHOIS issues are looming large for the ICANN meeting next week, starting with an all-day WHOIS Policy Review on Sunday (background). WHOIS is a subject that has been the recent topic of a number of issues including a debacle over potentially disclosing the identities of compliance reporters to spammers and criminal domainers. more

International Internet Governance: A Field Guide to 2011

If an important debate of our age is going on right now but you don't know where, no one can blame you. Part of the intrigue surrounding discussion of how the Internet will be governed is deliberate; the current process and forums were conceived by parties who want to make sure that if their agenda fails in one place that they can claw back ground in another. Part of that plan is the byzantine "commitology" of the UN system, which is now frighteningly relevant to the broadband industry and civil society. What follows is an effort to make this clear what, where, when, and how it all will happen in 2011. more

ICANN’s New gTLD Double Standard?

Over the last two days I have sat in a room and watched a rather interesting dynamic unfold between the ICANN Board and its Government Advisory Committee (GAC). While I remain optimistic of there being a responsible closure to the new gTLD implementation process within the next six months, an apparent double standard being used by the ICANN Board could be a potential stumbling block. more

ICANN Board: You Got It Right. Then You Got It Wrong. Now, Get It Right Again.

The ICANN Board has itself in a pretty pickle. The Governmental Advisory Committee (GAC) Consultancy with the Board in Brussels was an apparent non-starter. After hundreds of man-hours' worth of comments provided by the Intellectual Property Constituency (IPC), the Board continues to claim that it lacks sufficient information on trademark issues in order to respond to concerns. more

Blacklist Operations and Practices: Excerpts from an ASRG Draft

The Anti-Spam Research Group (ASRG) published a draft for an Overview of Email DNSBL Best Practices. We can take a step back and review paragraph 2.2.5 (Conflict of Interest)... Some DNSBLs used for blocking/negative reputation have had a practice of requiring fees or donations to charities from the listee for delisting. It is generally considered entirely appropriate for a DNSBL to charge for access to it by its users -- the definition of a commercial DNSBL. more

NTIA Request for Comments on the Internet Assigned Numbers Authority (IANA) Functions

On Feb. 25, 2011, the National Telecommunications and Information Administration released the following request for comments concerning the USG's contract for the IANA function. As indicated, the USG's contract for the IANA function with ICANN expires later this year. Interested parties can file comments with NTIA by March 31, 2011. more

Whois Scared?

Every time I witness another argument about changing the rules of the Whois system I marvel at how such an important core internet protocol could be so widely misunderstood. I don't mean that the protocol's technical details are not well understood -- it's a very simple device, easy to implement correctly and easy to use even for new users. I mean that the Whois system itself and its purpose in the Internet ecosystem is widely misunderstood. Everybody uses Whois and lots of people argue about Whois but precious few folks know why Whois exists in the first place. more

Registries, Registrars, Resellers and the Fight Against Cyber Crime: The EU-US Meeting

On 24 and 25 February 2011 the European Commission, DG Home Affairs, organised a meeting on cyber crime in cooperation with the US government, Department of Justice, with representatives of the law enforcement community, registries and registrars. The basis of the discussion was the RAA due diligence recommendations (hence: the recommendations) as presented by LEAs in the past years during ICANN meetings. The meeting was constructive, surprising and fruitful. I give some background, but what I would like to stress here is what, in my opinion, could be a way forward after the meeting. more

ICA Tells DOC of Concerns Over USG and GAC “Scorecards”

The ICA has just dispatched a letter to Assistant Secretary of Commerce Lawrence Strickling in advance of the talks scheduled in Brussels on February 29-March 1 between ICANN's Board and its Governmental Advisory Committee (GAC). Our letter expresses strong concerns that the positions being advocated by the U.S. government and the GAC regarding the proposed Final Applicant Guidebook (AG) for new generic Top-Level Domains (gTLDs) would be detrimental to ICANN's multi-stakeholder policy process and would undermine the rights of legitimate registrants at new gTLDs. more

A Fairness ‘Scorecard’ for Trademark Protection Under the New gTLDs

In the last few years, ICANN has made huge strides in Protecting Trademarks within new generic Top-Level Domains (gTLDs). Now much more is being asked. Is it right? Is it appropriate? Will these changes make the new gTLDs unusable for the very communities we most hope will want them: developing countries, developing communities, new businesses, growing organizations and all the people born in the future? more