Policy & Regulation

Freedom of Expression Part 4: Censorship, COVID-19, the Media and Assault on Freedom of Expression

As I write this, it is World Holocaust Day, 27th January 2021, a memorial of the atrocious events that shocked and outraged the conscience of humanity and gave birth to the Universal Declaration of Human Rights in 1948, the year that Holocaust victims majority of whom were Jews re-established the nation of Israel. Most of us can never begin to imagine the extent of the atrocities but relive the experiences through movies or documentaries, including but not limited to Spielberg's 1993 Schindler's List...

The Netizen’s Guide to Reboot the Root (Part I)

In the world of ICANN and Internet policy, complexity is manufactured to create an illusion that issues are impenetrably technical such that normal and everyday principles can't apply. This causes a pervasive and entrenched phenomenon of eyes that glaze over at the mere mention of the word "ICANN" -- including those of government regulators and other officials that might otherwise take more of an active interest.

The Legacy of the Pai FCC

As is normal with a change of administration, there are articles in the press discussing the likely legacy of the outgoing administration. Leading the pack in singing his own praises is former FCC Chairman Ajit Pai, who recently published this document listing a huge list of accomplishments of the FCC under his Chairmanship. Maybe it's just me, but it feels unseemly for a public servant to publish an official self-praise document.

Why the Internet is Not Like a Railroad

When one person transmits the speech of another, we have had three legal models, which I would characterize as Magazine, Bookstore, and Railroad. The Magazine model makes the transmitting party a publisher who is entirely responsible for whatever the material says. The publisher selects and reviews all the material it published. If users contribute content such as letters to the editor, the publisher reviews them and decides which to publish.

Reality Check on the 5G Security MAGAverse

As chance has it, the attempt by NTIA to create a fake Trump Open 5G Security Framework MAGAverse as they headed out the door on 15 January is being followed this week by the global meeting of 3GPP SA3 (Security) to advance the industry's real open 5G security Framework. Designated TSGS3-102e (the 102nd meeting, occurring electronically), it continues the practice of assembling companies, organisations, and agencies from around the world every 8 to 12 weeks to focus on 5G security for current and future releases of 5G infrastructure.

Internet Governance and the Universal Declaration of Human Rights, Part 7: Articles 20-21

Internet Governance, like all governance, needs to be founded on guiding principles from which all policymaking is derived. There are no more fundamental principles to guide policymaking than the Universal Declaration of Human Rights (UDHR). This article, Part 7 of a series, looks at Articles 20 and 21 and explores how principles in the UDHR and lessons learned over the last half-century help define the rights and duties of one's engagement in the digital spaces of the Internet ecosystem.

One More Trump 5G Minefield

As the saying goes, it's not over until it's over. So, it wasn't surprising that Trump's minions just got one last 5G minefield out the door. On 15 January, his followers at Dept. of Commerce's NTIA published the "National Strategy to Secure 5G Implementation Plan". The 40-page document consists of a fairly standard Washington policy playbook of 18 activities with six annexes that "details how the United States along with like-minded countries will lead global development, deployment, and...

ICANN 2021 NomCom Will Fill 9 Positions

As every year, at the end of ICANN's Annual General Meeting (AGM), the new Nominating Committee (NomCom) comes together to start its work. Due to the Corona pandemic, the circumstances were slightly different; however, the 2021 NomCom kicked-off end of 2020. ICANN's Nominating Committee is charged with identifying, recruiting, and selecting nominees of the highest possible quality for key leadership positions at ICANN.

More Warning Shots for ICANN, or the End of the Road?

Last fall, I wrote about ICANN's failed effort to achieve its goal of preserving the Whois domain name registration directory to the fullest extent possible. I predicted that if the policy effort failed, governments would take up the legislative pen in order to fulfill the long-ignored needs of those combating domain name system harms. That forecast has now come true through significant regulatory actions in the United States and the European Union in the form of a proposed directive from the European Commission (EC) and instruction from the US Congress to the National Telecommunications and Information Administration (NTIA).

Can We Control the Digital Platforms?

The digital market has matured over the last 20 years, and it is no longer an excuse for governments to do nothing with the aim to let new markets and innovations emerge without immediate regulatory oversight. It has become clear this period is now well and truly over. The European Commission has already launched several lawsuits against the digital giants. Regulation, in general, is known as "ex-post" (after the deed has been done). This is set to change, as I will explain later.