Policy & Regulation

Policy & Regulation / Featured Blogs

Game Over for Public Whois? Article 29 Gives ICANN the Advice It Asked For

We've talked about the conflicts between our ICANN contract and privacy law in the past. Not once, not twice, but multiple times. We refused to sign the 2013 Registrar Accreditation Agreement (RAA) with ICANN until we'd received a data retention waiver. That decision probably cost us money, but if we have to choose between operating legally or illegally our path is clear. more

Holocaust Remembrance Day

Today is Holocaust Remembrance Day. Today we remember that the Nazis rounded up Jews, Roma, political dissidents, and other "undesirables" using the best data and technology of the day and sent them off to concentration camps. We don't normally deal with this type of political reality in ICANN, but now is the time to do so. In 1995, the recently formed European Union passed the EU Data Protection Directive. more

Is It Time for a Data Sharing Clearinghouse for Internet Researchers?

Today's Senate hearing with Facebook's Mark Zuckerberg will start a long discussion on data collection and privacy from Internet companies. Although the spotlight is currently on Facebook, we shouldn't forget that the picture is broader: companies from device manufacturers to ISPs collect network traffic and use it for a variety of purposes. more

Today’s Internet: More BRICS Than Westerners

Something over 55% of landline broadband users are in the "Global South," about 500M. The South is about 65% if you include "wireless-only" many of which are 4G LTE at ten megabits or more. The gap is widening rapidly and will increase by well over 70M in 2018. Six large developing countries are growing 5% or more in the last year, compared to only one in the developed world. China is adding ~30M more each year. Most developed countries are between 75% and 95% connected. That leaves little room for growth. more

GDPR and WHOIS - Winners and Losers

I think we are all hoping that when ICANN meets with the DPAs (Digital Protection Authorities) a clear path forward will be illuminated. We are all hoping that the DPAs will provide definitive guidance regarding ICANN's interim model and that some special allowance will be made so that registrars and registries are provided with additional time to implement a GDPR-compliant WHOIS solution. more

ICANN IPC & BC to Host Cross-Community Call on Accreditation/Access Model for Non-Public WHOIS Data

The ICANN Intellectual Property Constituency (IPC) and Business Constituency (BC) will be hosting a community-wide discussion regarding the proposed accreditation and access model for non-public WHOIS data, which was first circulated to the community during ICANN 61. The discussion will take place via ICANN-supported remote participation and/or audio bridge this Friday, April 6, 2018, from 1400-1600 UTC. more

ICANN Cannot Expect the DPAs to Re-Design WHOIS, but Asking for a Reprieve Makes Sense

We are on the brink of the most serious threat to the open and public Internet for decades. ICANN, under pressure from domain name registrars and EU data protection authorities, has proposed an "interim" plan that will hide critical information in WHOIS. Security, threat intelligence, and anti-abuse professionals rely on WHOIS to track down bad guys and keep the Internet as safe and secure as possible. more

Security, Standards, and IoT: Will Connected Devices Flourish Under Prescriptive Regimes?

Security for Internet-connected devices, the "Internet of Things" (IoT), is critically important. Now, more than ever, it is top of mind for device manufacturers, network operators, consumer advocates, lawmakers, and government regulators -- domestically and internationally. In the face of recent attacks, government authorities and consumer advocates have proposed legislation, frameworks, certifications, and labeling schemes. more

European Commission Killing Off Thousands of EU Domains Due to Brexit

After the Brexit vote, I wrote that there could be an impact on EU registrants based in the UK. Over the past year, the UK government has been engaged in negotiations with the EU to navigate the application of Article 50 and the UK's exit from the European Union. While there has been a lot of focus on issues like the customs union and the border between Ireland and Northern Ireland, the eventual departure of the UK from the EU will have a tangible impact on the European digital economy. more

Crypto War III: Assurance

For decades, academics and technologists have sparred with the government over access to crypographic technology. In the 1970s, when crypto started to become an academic discipline, the NSA was worried, fearing that they'd lose the ability to read other countries' traffic. And they acted. For example, they exerted pressure to weaken DES... The Second Crypto War, in the 1990s, is better known today, with the battles over the Clipper Chip, export rules, etc. more