Policy & Regulation

Policy & Regulation / Most Commented

GDPR: Registries to Become Technical Administrators Only?

On 11 December 2017, about 25 participants from Europe and the US attended the public consultation for the brand new GDPR Domain Industry Playbook by eco (Association of the Internet Industry, based in Germany) at the representation of the German federal state Lower Saxony to the European Union in Brussels. The General Data Protection Regulation (GDPR) poses a challenge for the Registries, Registrars, Resellers and ICANN. more

Enabling Privacy Is Not Harmful

The argument for end-to-end encryption is apparently heating up with the work moving forward on TLSv1.3 currently in progress in the IETF. The naysayers, however, are also out in force, arguing that end-to-end encryption is a net negative... The idea of end-to-end encryption is recast as a form of extremism, a radical idea that should not be supported by the network engineering community. Is end-to-end encryption really extremist? Is it really a threat to the social order? more

Notice, Takedown, Borders, and Scale

I was on the front lines of the SOPA wars, because SOPA touched on two matters of strong personal and professional importance for me: protecting the Internet infrastructure, and protecting the economy from Internet related crime. I've continued to study this field and advise industry participants in the years since then. The 2017-02-20 paper by Annemarie Bridy entitled Notice and Takedown in the Domain Name System: ICANN's Ambivalent Drift into Online Content Regulation deserves an answer, which I shall attempt here. more

A Real-Names Domain Registration Policy Would Discourage Political Lying

I've discussed the role of the Internet in creating and propagating lies in a previous post, noting that Donald Trump lied more frequently than Hillary Clinton or Bernie Sanders during the campaign. Now let's look at fake news like the claim that Pope Francis had endorsed Trump. The fake post features the following image and includes a "statement" by the Pope in which he explains his decision. more

How .MUSIC Will Go Mainstream and Benefit ICANN’s New gTLD Program

Since the launch of the New gTLD Program in 2012, it has become evident that new gTLD registries overestimated the demand for new Top-Level Domain name extensions. Furthermore, new gTLD registries did not anticipate the hurdles in raising awareness, not to mention creating adoption for new domains. Even the most pessimistic New gTLD Program critic did not expect such uninspiring results. It was a wake up call for many in the domain industry. The New gTLD Program currently lacks credibility. No new gTLD has yet to go mainstream and capture the world's imagination. more

Should Barclays Lose the .Barclays Top-Level Domain?

According to Reuters, Barclays has plead guilty to trying to manipulate foreign exchange rates, and has agreed to pay substantial fines, along with other major banks. Barclays is also the operator of the .Barclays new top-level domain name. This is not a case where it's a single rogue employee or officer has been found guilty of a financial crime. Here, it is the entire bank (and registry operator) that has plead guilty. more

Net Neutrality? Give Me a Break

As my learned friend John Levine has noted, rightly, any policy that anyone has come up with thus far regarding net neutrality is based upon a Telco model. Now, think about that for a second. A telephone call costs pretty much the same if you whisper or shout. It costs the same if you make a quick phone-call or you yack for hours. These days, even long distance is trivially inexpensive, because the capacity to carry the world's phone-calls is well beyond any foreseeable demand. There is huge headroom. more

What Is “1net” to Me

APNIC is a signatory to the Montevideo Statement, a declaration from members of the Internet technical community about the current state of Internet technical coordination, cooperation and governance. The statement conveys in particular an agreement on "the need for ongoing effort to address Internet Governance challenges", and a commitment to "catalyze community-wide efforts towards the evolution of global multi-stakeholder Internet cooperation". Last week during ICANN 48 in Buenos Aires, there were numerous discussions about the Montevideo Statement... more

Ethiopia Shows That Congress Is Right to Be Worried About UN Control of the Internet

Today a key committee in the US Congress approved a resolution opposing United Nations "control over the Internet." While some in the Internet community have dismissed the bipartisan effort as mere political grandstanding, recent actions by some UN Member States show that lawmakers have good reason to be worried. Last month, UN voting member Ethiopia made it a crime -- punishable by 15 years in prison - to make calls over the Internet.  more

ICANN Gets Crazy… Again!

The same thing happens before every ICANN meeting. It starts raining. Not men, as the song goes, or droplets of H2O. It starts raining documents. In the run-up to one of its three-a-year international meetings, ICANN goes into hyperdrive. And this time, days before the Prague meeting (from the 24th to the 29th), the usual downpour has turned into a veritable deluge. Let's just take June 4th as an example. more

De Facto Rules a Boon to Rogue Players

In Ian Flemming's Thunderball M sends 007 to the Bahamas on a hunch that SPECTRE is hiding something there. Well, it's been our hunch for a while that the Bahamas "office" for the Registrar Internet.BS does not exist. Now we have confirmation of such. It has been documented in an explosive undercover expose by LegitScript that Internet.BS address as stated could not be verified, could not accept mail, and that the business itself could not actually be found in the Bahamas. more

ICANN’s Contract Not Enforceable on WHOIS Accuracy

This may or may not come as a shock to some of you, but ICANN's contract with the Domain Name Registrars, in terms of WHOIS inaccuracy is not enforceable. Bear with me. The ability of ICANN to enforce against a Registrar who fails to correct or delete a domain with false WHOIS does not exist. more

New TLD Spotted - .FUD

In politics, as in Internet policy, the most effective weapons are also the oldest. So when it came time for hard-line intellectual property advocates to make a desperate last stand against the new gTLD program, it came as no surprise they turned to the atomic bomb of rhetorical devices: FUD. FUD stands for "fear, uncertainty and doubt" and it is the tool of last resort when change is coming and you want to stop it. The theory is simple: the human response to fear is to cling to what's familiar and oppose what's new. So if you can scare enough people about the potential effects of a new policy or law, you stand a pretty good chance of preventing it from ever going into effect. more

Removing Principle of Confidentiality in ICANN’s NomCom is a Bad Idea

In its informal background paper "Applying the Highest Standard of Corporate Governance" (August 2011) the European Commission proposes to revise the procedures of ICANNs Nominating Committee (NomCom). Instead of the confidential treatment of applicants the EU calls for an open publication of "a full list of candidates". Is this a good idea? I don't think so. The rationale behind the EU proposal is "to improve confidence on the selection procedure" and "to avoid conflict of interests". But the proposed improvement is based on a wrong assumption... more

Impenetrable Processes and Fool’s Gold at ICANN

A couple of weeks ago, I attended part of the ICANN meeting in San Francisco. I've been watching ICANN and been peripherally aware of their issues since the organization began, but this was my first chance to attend a meeting. What I learned is that ICANN is a crazy behemoth of a bureaucracy, steeped in impenetrable acronyms and processes that make it nearly impossible for someone new to get up to speed. The best example of this is the recent approval of the .XXX top-level domain. more