Knee-jerk UN haters in the US are fond of pointing horrified fingers at the presence of China, Syria and other authoritarian states whenever global governance is mentioned. See for example Declan McCullough's slanted piece in CNET. They might be surprised to learn that the UN Internet Governance Forum has opened the opportunity for a major assault on Internet blocking and filtering, and put repressive governments on the defensive by heightening awareness of the practice and pressuring them to justify it or change it... more
ICANN's two-year effort to purportedly preserve the Whois public directory to the greatest extent possible while complying with GDPR has failed. Under the latest proposal, the Whois database, once a contractually-required directory of domain name registrants, will be gutted to the point of virtual worthlessness, as registrars, registries, academics, and hand-wringing others ignored the public interest and imposed ever-higher barriers to legitimate, GDPR-compliant access to registration data. more
A significant focus is emerging today on the anticompetitive behaviour of Silicon Valley companies directed at dominating critical sectors of the on-line marketplace, and a U.S. Congressional hearing is scheduled. Such practices can be pursued in many ways. One of the more elusive, but very effective anticompetitive playbooks - known legally as the "antitrust conspiracy" - can occur in internet standards bodies. more
As we reported in our Post-GDPR Compliance Rate retrospective in January 2020, registrar compliance rates in response to verified requests for redacted registrant information using the Appdetex WHOIS Requestor System was 25 percent. Our most recent report shows the compliance rate has increased to 27 percent, based upon a total of 243 requests for redacted WHOIS information sent to 68 registrars over the period starting January 1, 2020, through February 24, 2020. more
It has become popular today around Washington and the venues of its coerced allies to issue threats to ban telecommunications equipment from certain countries - especially equipment intended for 5G use. The guise is vague assertions of "national security." It is an old tactic dating back to the turn of the last century and recurrent for decades. A combination of treaty instruments and collaborative industry standards activity several decades ago largely put an end to the banning tactic - significantly benefitting the entire world. more
ICANN has consistently said its intention in complying with the European Union's General Data Protection Regulation (GDPR) is to comply while at the same time maintaining access to the WHOIS domain name registration database "to greatest extent possible." On February 28, ICANN published its proposed model. Strangely, while ICANN acknowledges that some of the critical purposes for WHOIS include consumer protection, investigation of cybercrimes, mitigation of DNS abuse, and intellectual property protection, the model ICANN proposes provides no meaningful pathway to use WHOIS in those ways. more
Listening today to the U.S. Congress' House of Representatives Subcommittee on Communications and Technology hearing on ICANN governance reminded me just how often Vox Populi Registry, the company bringing dotSucks names to the Internet, is a guest at parties to which it has never been invited. Sometimes, like today, we are able to view it all from a distance and mostly we have refrained from trying to correct every misstatement or argue each odd point. more
The Internet Governance Roadmap, which was adopted recently in Sao Paulo by the Global Multistakeholder Meeting on the Future of the Internet Governance Ecosystem (NETmundial) includes a lot of controversial issues -- from net neutrality to mass surveillance -- and it is unclear how this will be translated into reality. However, the Internet Governance Principles, also adopted by NETmundial, were less controversial, but will have probably a sustainable and deep effect for the future of the Internet. more
In the end it was a disappointment that the treaty on International Telecommunications regulations (ITRs) that had been under negotiation for two weeks at WCIT-12 was not acceptable to 55 countries, and that, as a consequence, these countries did not sign the final version of the international treaty (89 did sign). After two weeks of sometimes fractious negotiation - 1,275 proposals were discussed in all - the contentious issues were significantly watered down. However the dissenting countries felt that the key issue - anything in relation to the internet - should not be included at all and, quite correctly, did not compromise on that. more
We have posted our support of the WHOIS Policy Review Team Report with two important comments. First, on page 79 of the report it is confirmed that the RAA is unenforceable on WHOIS inaccuracy (we wrote about this while at the last ICANN meeting) because the language of RAA 3.7.8 has no enforcement provision. It is now time for ICANN to confirm this problem officially. more
The U.S. "Scorecard" for Brussels Proposes Draconian Trademark Rules - And May Mean the End of Unlimited New gTLDs and/or the ICANN Experiment in Private Sector-Led Internet Governance... On Friday, January 28th the U.S. Department of Commerce (DOC) circulated its submission to ICANN's Governmental Advisory Committee (GAC) containing suggestions for what positions the GAC should push for at its February 28 - March 1 meeting with ICANN's Board to air disagreements over provisions of the Proposed Final Applicant Guidebook (AG) for new gTLDs. more
One key reason for confusion about Network Neutrality lies in the many different and inconsistent frames used to shape the debate. The Tea Party has entered the fray by characterizing the matter primarily in terms of freedom. Republicans decry the "job killing" impact of the FCC's rules. Network Neutrality advocates appear ambivalent whether the FCC has capitulated to special interests, or shaped a pragmatic compromise. more
In my last post I discussed some questions that remain about ICANN's generic Top-level Domain (gTLD) budget. Today I discuss the rights protections mechanisms as they currently appear. An economic study commissioned ICANN to analyze the new gTLD process recently concluded that "the biggest likely costs" of approving new gTLDs are "consumer confusion and trademark protection." more
This comment is being presented in my personal capacity and does not represent the views of my employer (Neustar, Inc.) and its subsidiaries or affiliates, or the Implementation Recommendations Team. Ok. I admit it. I supported the concept of a post delegation dispute resolution process for generic Top-Level Domains (gTLD) Registries. I served as the only gTLD registry member of the Implementation Recommendation Team (IRT) appointed by the Intellectual Property Constituency of the Generic Names Supporting Organization of ICANN. I was one of the authors of the IRT Recommendation in favor of a Post Delegation Dispute Resolution Procedure. more
Funny how marketplace reality can poke holes in claims and theories. A debate is raging between some existing registries (Afilias, PIR, Neustar) and registrars like ourselves over the issue of 'cross-ownership' in Top-Level Domains (TLDs). At question: should the same set of shareholders be allowed to own all or part of a registry as well as a registrar that sells names in the TLD owned by the registry? These registries are saying 'no', and one of their principal objections is they think current registrars have an unfair advantage in pursuing TLD deals. more
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