Policy & Regulation

Implications of ICANN’s New TLD Disqualification Policies and Cybersquatting 3-Strike Law

ICANN's proposed final applicant guidebook unraveled some new policies that would disqualify applicants from the new TLD program. ICANN states that if you lose 3 UDRP cases, you will be disqualified from being a major shareholder, partner, officer, director of a new top-level domain registry... Has ICANN opened a new can of worms with the 3-strike rule?

Best Practices: A Meaningless Term

Chad White wrote an article for MediaPost about best practices which parallels a lot of thinking I've been doing about how the email marketing industry treats best practices. After several conversations recently about "best practices," I'm convinced that the term is now meaningless. It's been bastardized in the same way that the definition of "spam" has shifted to the point that it has very different meanings to different groups of people.

Vertical Integration of gTLDs Registries and Registrars Now Permitted

While many were expecting a decision of strict Registry/Registrar separation, in an unexpected ruling, it was announced that ICANN will not restrict cross-ownership between Registries and Registrars. While the current set of agreements prohibits Registries from acquiring Registrars, they do not prohibit Registrars from applying for or operating TLDs. The Board Resolutions also made note of the fact that while individually negotiated contracts have included restrictions on Registry ownership of Registrars, cross-ownership provisions have varied over time and no formal "policy" on this topic has ever been recommended by the GNSO or adopted by ICANN.

The Wall Between Registries and Registrars Comes Tumbling Down

The ICANN Board has just voted to get rid of all co-ownership restrictions between domain registries and registrars. This is major news, with far-reaching consequences... This is the only principled decision the ICANN Board could have come to, and they deserve a lot of credit for doing it. By "principled," I mean taking ICANN's stated institutional principles and following them to their logical conclusion...

FISMA Focus: Continuously Monitoring the Cyber-Levee

NIST's release of their initial public draft of SP 800-137, Guide for Continuous Monitoring of Information Systems and Organizations will create a set of challenges for the federal cybersecurity community. Agencies and contractors will need to shape the document through the multi-stage revision process while continuing to implement their own continuous monitoring measures.

Facing Up to the Generational Privacy Divide

Last week hundreds of privacy regulators, corporate officers, and activists gathered in Jerusalem, Israel for the annual Data Protection and Privacy Commissioner Conference. ... Many acknowledged that longstanding privacy norms are being increasingly challenged by the massive popularity of social networks that encourage users to share information that in a previous generation would have never been made publicly available for all the world to see.

The Facts about Vertical Integration?

In a far less dramatic event, the ICANN Board will soon decide the question of vertical integration between domain name registries and registrars in the new Top-Level Domain (newTLD) round. But Adams' statement continues to ring true today and the question the ICANN Board must ask itself is: "what facts do we have before us to justify a change in policy." After 2+ years of intense community discussion on this topic, the answer is clearly -- very few.

Kidnapping, Theft and Rape Are Not “Cyber” Crimes

Kidnap. Rape. There are no lesser words that can be used to describe what happened to the daughter of an anti-spam investigator in Russia. His daughter was recently released, according to Joseph Menn's recent article on Boing Boin, after having been kidnapped from her home five years ago, fed drugs, and made to service men, as a warning to ward off further investigations. The criminals behind these vicious acts were also responsible for large spamming organization associated with Russian Mob activity.

Why Wouldn’t Skype Want 30 Million Paying Customers?

Skype has cut Nimbuzz off. What that means is that users of Nimbuzz' popular mobile clients will no longer be able to make calls using the SkypeOut network. According to Skype themselves, it was for unspecified violations of the Skype API terms and license...

And Then There Was the Issue of Time

Anyone who has been part of the community during its soon-to-be 12-years of existence will be the first to tell you that while ICANN's intentions are good, its execution, time and again, has been lacking. Unfortunately, the global business world does not and cannot accept only good intentions. Businesses require surety, consistency and clear evidence of stability before they can establish the foundation for their enterprises.