Policy & Regulation

Policy & Regulation / Most Commented

The Proposed “Cloud Computing Act of 2012,” and How Internet Regulation Can Go Awry

Sen. Amy Klobuchar has introduced a new bill, the "Cloud Computing Act of 2012" (S.3569), that purports to "improve the enforcement of criminal and civil law with respect to cloud computing." Given its introduction so close to the election, it's doubtful this bill will go anywhere. Still, it provides an excellent case study of how even well-meaning legislators can botch Internet regulation. more

A Perspective on Verisign’s Patent Application on Domain Name Transfers

As the battle rages over threats to the Internet architecture, a recent publication over the Patent Application for Domain Name Transfers by Verisign is disturbing for those who advocate an open and free Internet. The Application is based on an immediate and direct threat towards an open and free Internet. Just in case people are tempted to think that this was a prank given that they filed it on the 1 April 2011, searches at the United States Patents and Trademark Office (USPTO) reveals that this is a legitimate application . more

The ‘Domain Rights Dozen’ - ICA’s RPM Revision Review Principles

As the fall of 2012 begins the implementation of rights protection mechanisms (RPMs) for new gTLDs is reaching a critical stage... Given the half year interval between the upcoming Toronto ICANN meeting and the following Beijing meeting in April 2013, it is highly desirable, and perhaps essential, that community discussion in Toronto result in a clear consensus on how RPM implementation should proceed if new gTLDs are to launch without further delay and if potential registrants are to perceive them as acceptable platforms for speech and commerce. more

The Internet and the Legitimacy of Governments

In two recent debate events I participated in, on iFreedom and privacy in the online world, mistrust of government and government's intentions and motivations on and towards the Internet were abundantly present with more than just a few people in the audiences. The emotions were not new to me, no, it was the rationality that surprised and sometimes almost shocked me. Why? Well, should these sentiments get the support of the majority of people, it would undermine all legitimacy of a government to govern. Let's try and take a closer look. more

Multi-Stakeholderism Revisited: ICANN, We, Can Do Better

ICANN, the private, non-profit, US-based organization is a key player in the global Internet governance ecosystem because it coordinates the Internet's unique identifiers and domain name system. In addition, ICANN develops policies that govern the DNS and addressing system of the Internet. For this reason, and the very model on which the organization's work is based, many countries take participation in ICANN very seriously... To hear ICANN tell it, their work is based on a "bottom-up, consensus-driven, multi-stakeholder model." more

A Short History of ITU Network Security Activity

Since the inception of ITU precursors in 1850, its various bodies have treated the subject of telecommunication network security as both an obligation of signatories to the treaty instruments as well as an ongoing collaborative activity. However, what it actually did in those activities was constrained by its jurisdiction and participant competency -- which encompassed international public telecommunication services provided primarily by designated government agency service providers known as PTTs. more

No Virginia, You Have No Duty to Secure Your WiFi Access Point

Every now and again a report flies across the network about the police breaking down someone's door and attempting to arrest the home owner for bad things online - assuming that whatever happened from that person's Internet connection is their fault. Now there are lots of problems with this - lots of problems. But one of the big ones is that anyone can access an open access point... more

Community Support Required for Alternative Trademark Clearinghouse Solution

It's time for the community to demonstrate its resolve to see ICANN implement a successful and effective Trademark Clearinghouse (TMCH). Let's be clear here. The current ICANN implementation model and approach is flawed and needs attention. Following more than three months of consultation and negotiation, today I'm pleased to be able to present the domain name and trademark protection industries with an alternative solution for the operation of ICANN's Trademark Clearinghouse for the new Top-Level Domain (TLD) program. more

Letter to ICANN on Big Brands Proposed Usage of Generic Domain Extensions

We have been taking an active interest in the development of the new TLD program by ICANN and excited by the many opportunities and challenges that this "opening up" will bring to us, our customers and the internet ecosystem as a whole. However, we also have our concerns about how some entities wish to use generic domain name extensions as "walled gardens". more

Rebalancing Telco Infrastructure Investments

One of the reasons telecommunications has been so successful for more than 160 years is that it adopted a strategy that resulted in a seamless network all around the world. You can pick up a phone anywhere in the world and, with little or no instruction, make a call to anybody else in the world without worrying what phones and technology they are using on the other end of the line... But during that process the nature of the network operators changed. more

National Broadband, Leadership or Procrastination

There is no doubt that any national infrastructure plan of the magnitude of national broadband networks as they are currently rolled out in 9 countries and which policies have been put in place in another 110 countries will have questions attached to it. Furthermore, this infrastructure is being developed for the digital economy, which, in itself, is a fast-moving world. Five years ago there were no smartphones, tablets, mobile apps or smart TVs. more

Global Internet Growth Is Driven by Flexible Governance, Not Restrictive Regulation, Says Report

A new report has been released by Analysys Mason suggesting recent proposals to regulate the global Internet will harm growth and innovation worldwide. The International Telecommunication Union (ITU) will hold a treaty conference, the World Conference on International Telecommunications (WCIT), in December 2012, which will revise a 1988 treaty, the International Telecommunication Regulations (ITR). more

Internet Society Releases Paper on “What Really Matters About the Internet”

Internet Society has released a paper today highlighting the importance of understanding what is important and unchanging about the Internet. more

Cost-Effectiveness: The Prerequisite for Cybersecurity Regulation

Cybersecurity regulation is coming. Whether regulations intended to enhance critical infrastructure protection will be based on existing statutory authority, new legislation, an Executive Order or a combination of legal authorities, however, is still unknown. Other aspects of the coming federal oversight of critical infrastructure cybersecurity that remain undetermined include the extent to which governance system will include voluntary characteristics and the time frame for initiation of new cybersecurity regulation. more

Setting ICANN’S Governmental Advisory Committee Up to Succeed

ICANN's Governmental Advisory Committee (GAC) - the special stakeholder group responsible for providing government advice to ICANN on issues of public policy - has an important role to play in the remaining evaluation and delegation phases of the new Top-Level Domain (TLD) program. For some applicants, the future of their new TLD projects may rest on the decisions of the 50 or so national government representatives that are active members of the GAC. more