Policy & Regulation

Freedom of Expression Chilled by ICANN’s Addition of Speech Restrictions in DNS

Freedom of expression on the Internet is at risk from ICANN's recent decision to prohibit anyone but one specific type of doctor from using the word within the .doctor new gTLD space. Last month, ICANN's New GTLD Program Committee decided that only "medical practitioners" would be allowed to register a domain in the .doctor name space. ICANN's decision to exclude numerous lawful users of the word, including a broad range of individuals who are in fact doctors, comes at a time when the world is watching ICANN to see if it can adequately protect Internet users' rights in the absence of US Government supervision.

Simplifying Legalese

I attended a conference last week on Data Protection and one of the prime issues that cropped was that on the immanent complexity of legalese that prevents users from understanding the Terms & Conditions for which they're signing up when they join a social network, use an app or visit a website. This led to the Users being disinterested in understanding the T&Cs. This had a huge impact on Data Protection Policies since Users were ignorant about how their data was being used...

Internet Governance Survey: What You Told Us

What do people perceive to be the top issues facing the Internet today? How can stakeholders work more effectively together to strengthen the governance mechanisms meant to address these issues? And when it comes to the Internet Society, what should our role be and where should we focus our attention? To help inform our work in Internet governance, we posed these and other questions to our community in February. We had an overwhelming response with over 800 people taking a few minutes of their time to answer our survey.

Estimating Trademark Claims Notice Suppression of Non-Infringing New gTLD Registrations

On February 2nd ICANN staff announced the release of a Draft Report: Rights Protection Mechanisms Review that is open for public comment until May 1st. This Draft Report is preliminary to an Issues Report requested by the GNSO Council that is due to be delivered by September 30th, and that may set the stage for a Policy Development Process (PDP) on Rights Protection Mechanisms (RPMs) that could commence in 2016. Such a PDP could consider comprehensive reform of these RPMs as well as of the Uniform Dispute Resolution Policy (UDRP).

The .DOCTOR Quarantine

ICANN should reconsider its decision to quarantine .DOCTOR, given that it's not even sick. In an utterly surprising move, ICANN staff and the Board's New gTLD Program Committee ("NGPC") recently informed the applicants for .DOCTOR that it has singled out the gTLD as a test case for controlling content and limiting speech on the Internet. In the epitome of top-down policy making, ICANN issued an edict that it will implement nearly year-old advice from the Government Advisory Committee ("GAC") differently from all other similarly situated gTLDs and in contravention of subsequent GAC advice.

FCC Open Internet Rules

At the Mobile World Congress in Barcelona, Tom Wheele, the FCC Chairman, gave a range of spirited responses to a grilling from the Director of the GSMA, Anne Bouverot. She was following the line of the telcos and questioned if the FCC intervention would stifle growth and investments in the market; however she had problems reconciling her position with the fact that, despite these regulatory changes, the American industry was still prepared to invest a whopping $45 billion in new spectrum.

“No Legal Basis for IANA Transition”: A Post-Mortem Analysis of Senate Committee Hearing

The recent hearing conducted by the US Senate Committee on Commerce, Science & Transportation on 'Preserving the Multi-stakeholder Model of Internet Governance' again showed that the Republican-controlled US Congress needs to act decisively to protect the status quo. The Senator Thune-led Committee convened the hearing on 25th February to look into the 'IANA Transition' and assess the level of preparedness of the non-governmental agencies that are handling the Internet Technical Management functions...

ICANN Should Not Ululate Over “Booking.com” IRP Outcome: Decision Exposes Failure of Accountability

The IRP Panel that was tasked with deciding the Booking.com vs. ICANN IRP that was filed regarding the application for the .hotels new gTLD name has made a decision that seems favorable to ICANN as the Defendant. However, this is not a victory for ICANN but an indictment of the ICANN procedures and accountability systems which are widely viewed as detrimental to new gTLD applicants.

Mobile World Congress and the Big Business Model Clash in Barcelona

The Mobile World Congress in Barcelona attracted some of the most important people in the broader telecommunications industry. While they were not necessarily all together at the same time it was good to analyse their presentations and the comments they made within the broader context of the market, to get a clearer picture of where the industry is heading -- or, perhaps more importantly -- where those players are trying to push the industry from their own positions.

ICANN 52 Singapore - Important Issues for Brand Owners

ICANN community has a lot on its plate for 2015, and at this first full meeting of the year, we are all jumping into the work with both feet. Here are some of the main issues for brand owners: Sorting out the long-awaited transition from U.S. Government oversight to a truly multi-stakeholder model of governance; ensuring Registrant data (Whois) accuracy, accessibility and privacy (where appropriate); launching reviews of the new gTLD program; and protecting/preserving the robust business and brand voices in the process.