Policy & Regulation

ICANN Turning 25 - It’s the People that Make a Difference

Ali's invitation to post reflections on the past 25 years of ICANN is very welcome. No doubt, some will write about major shifts in how ICANN is governed, for example, the end of United States government oversight. While others will write about changes to the industry that ICANN has catalyzed, for example, the 2012 round of new gTLDs and the upcoming next application process.

What Would a Human Rights-Based Approach to AI Governance Look Like?

Over the past year, discussions around artificial intelligence (AI) have saturated media and policy environments. Perspectives on it vary widely: from boosterist narratives, which posit the limitless potential of AI-powered technologies to help overcome social inequalities and accelerate industrial development, to apocalyptic framings, which suggest that a (speculative) 'artificial general intelligence' could make humans extinct.

The FCC Cyber Trust Label Gambit

Several weeks ago, the Federal Communications Commission (FCC) embarked on one of the most far-reaching regulatory gambits in its 90-year history. It is formally known as a Notice of Proposed Rulemaking in the matter of Cybersecurity Labeling for Internet of Things, Docket 23 -- 239. The FCC offers ICT product developers the use of its FCC trademarked cyber trust mark placed on their products in exchange for accepting open-ended Commission cybersecurity jurisdiction...

Biden’s National Cybersecurity Strategy Suggests Increased Website Security, Customer Protection

Phishing attacks have been rising over the past couple of years. Reports show that there was a 345 percent increase in phishing attacks between 2020 and 2021. In 2022, the number of advanced phishing attacks rose by 356 percent. Behind these alarming numbers, however, is an even uglier picture of digital fraud: a difficult-to-quantify prevalence of fake or spoof websites.

The Standards Paywalls Fall: Everyone Benefits

Yesterday -- in a unanimous decision of the US Federal Court of Appeals for the DC Circuit (CADC) in ASTM v. Public.Resource.Org --- some of the worst standards paywalls came tumbling down. The court definitively determined that where governmental authorities incorporate private organisation technical standards into law by reference, non-commercial dissemination of those standards "constitutes fair use and cannot support liability for copyright infringement."

What ICANN’s Strong Stance on the UN’s Global Digital Compact Says About Current Internet Governance

On 21 August 2023, ICANN org. made its position in relation to the current state of the UN's Global Digital Compact (GDC) clear in a blog post by Sally Costerton (ICANN CEO), John Curran (ARIN), and Paul Wilson (APNIC), entitled "The Global Digital Compact: A Top-down Attempt to Minimize the Role of The Technical Community." The publication strongly criticizes the GDC's attempt at folding the technical community into the civil society umbrella under a "tripartite" approach also involving the private sector and governments, as proposed by the Secretary-General's Envoy on Technology, Amandeep Gill.

The Standards Myth That Does Not Stop

The latest iteration of the most expansive, omnipotential cybersecurity legal regime ever drafted appeared a few days ago. The European Union (EU) Cyber Resilience Act (CRA) is attempting to assert jurisdiction and control over all "products with digital elements" defined as "any software or hardware product and its remote data processing solutions, including software or hardware components to be placed on the market."

Shaky Consensus at the OEWG on ICTs: Where Next for UN Discussions on State Behaviour in Cyberspace?

On 24-28 July, states convened in New York for the fifth session of the UN First Committee's Open ended Working Group on ICTs (OEWG), which aims to establish a common understanding of - and further develop the framework for - responsible state behaviour in cyberspace. This session marked a critical juncture in the process, with states negotiating the OEWG's annual progress report...

Cybersecurity for Schools

FCC Chairwoman Jessica Rosenworcel recently asked the other FCC Commissioners to support a proposal to spend $200 million over three years to bolster school cybersecurity. Rosenworcel plans to issue a Notice for Proposed Rulemaking (NRPM) soon for her proposal. The NPRM will set off a round of public comments and then a ruling if a majority of the Commissioners agree with the final set of rule changes.

The Times Stand Still: Internet Shutdowns, the Irony of the Multistakeholder Process and Realpolitik

Governments worldwide increasingly resort to shutting down the Internet as a political tool to control information and silence dissent. This alarming trend is not limited to developing nations grappling with civil unrest or political transition. Indeed, it is gaining traction in developed nations, suggesting a global phenomenon transcending geographical boundaries and socio-economic development levels.