Policy & Regulation

Special Interests Circulating Draft Legislation to Cut Short ICANN’s Whois Policy Process

Special interests who oppose privacy are circulating draft legislation to cut short ICANN's Whois policy process, warns Milton Mueller in a post published today in Internet Governance Project. more

Taking a Multi-Stakeholder Look at Cyber Norms

Recently we've seen several examples of likely state sponsored security incidents of which the appropriateness was later strongly debated. Incidents such as states impacting commercial enterprises during cyber attacks; purported sabotage of critical infrastructure, and attacks on civilian activists have all, to a greater or lesser degree, led to concerns being raised by both civilian watchdog groups, academics, technologists and governments. more

Trump’s Outrageous ITU Elections Gambit

Every four years, the 168-year-old, Geneva-based treaty organization that provides the legal basis for worldwide network communications, radio spectrum management, and satellite placements holds a "plenipotentiary" conference among its 193 sovereign nation members. The next plenipotentiary begins on 29 October for three weeks. In addition to potentially altering treaty provisions and resolutions, and constituting its Council as an interim governing body, it elects 17 individuals to its five permanent bodies... more

WHOIS Users Facing Serious Challenges Caused by Post-GDPR Fragmentation

On May 25, 2018, the European General Data Protection Regulation (GDPR) came into effect, meaning that European data protection authorities (DPAs) can begin enforcing the regulation against non-compliant parties. In preparation, the ICANN Board passed a Temporary Specification for gTLD Registration Data - essentially a temporary policy amendment to its registrar and registry contracts to facilitate GDPR compliance while also preserving certain aspects of the WHOIS system of domain name registration data. 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

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

Accreditation & Access Model For Non-Public Whois Data

In the current debate over the balance between privacy and Internet safety and security, one of the unanswered questions is: "How will those responsible for protecting the public interest gain access to the non-public data in the WHOIS databases post General Data Protection Regulation (GDPR)?" In an attempt to prevent WHOIS data from going "dark," several community members have been working for the past weeks to create a model that could be used to accredit users and enable access to the non-public WHOIS data. more

GDPR and What Comes Next: The Parade of Horribles

The compliance deadline for the European Union's General Data Protection Regulation (GDPR) is nearly upon us, the unveiling of a proposed model to bring WHOIS into compliance is said to come from ICANN next week, and everyone is scrambling to understand all that's involved. Implementation of a revised WHOIS model is clearly on the horizon, but what comes after may be the real story! Specifically, if WHOIS information becomes more than nominally restricted, what's the consequence to the data controllers (ICANN and the contracted parties) who implement this revised model? more

Transition of the Telecoms Industry Is Overdue

It is interesting to observe the changes in the telecommunications environment over the last few decades. Before videotex (the predecessor of the internet) arrived in the late 1970s early 1980s, 90% of telecommunications revolved around telephone calls. And at that time telephony was still a luxury for many, as making calls were expensive. I remember that in 1972 a telephone call between London and Amsterdam cost one pound per minute. Local telephone calls were timed... more

The End of Net Neutrality Regulation COULD Mean the End of Last-Mile Oligopolies

Landline networks like the old phone system and the new(er) cable systems do lend themselves to monopoly or at least duopoly outcomes. Building these networks is both very expensive and requires myriad government approvals. Once a system is in place, it is hard for anyone to raise the capital to duplicate it. Even a network of wireless towers is hard to compete with. more

Eliminating Access to WHOIS - Bad for All Stakeholders

Steeped deep in discussions around the European Union's General Data Protection Regulation (GDPR) for the past several months, it has occurred to me that I've been answering the same question for over a decade: "What happens if WHOIS data is not accessible?" One of the answers has been and remains the same: People will likely sue and serve a lot of subpoenas. This may seem extreme, and some will write this off as mere hyperbole, but the truth is that the need for WHOIS data to address domain name matters will not disappear. more

Transparency: The Internet’s Only Currency

I don't know about you, but I am angry. I am angry with the state of the world and our incapacity to do something about it. I am angrier because, in all this, I thought that the Internet would be the place where we would see collective action at its best. But, that's not going to happen. At least, anytime soon. Is it time to admit that the Internet has turned toxic? No. But, it is time to ask ourselves the question... more

The FCC Robocall Proceeding: International Insularity

In March of this year, the Federal Communications Commission (FCC) adopted an initial Notice of Inquiry (CG No. 17-59) to mitigate robocalls. In July, it adopted a Second Notice. Mitigating spoofed telephone calls is a global problem which every country in the world has been addressing as part of a global ecosystem for many years in intergovernmental and industry bodies, in academic R&D and patent filings, and industry products with ongoing activity continuing today. more

Net Neutrality 101: Why ‘Title II’ Doesn’t Apply to Internet Transmissions

No baby boomers had been born when Congress enacted Title II of the Communications Act in 1934 as a means of regulating the Bell telephone monopoly, and the first Millennials were in elementary school when that monopoly was broken up in 1983. Title II was set to die along with plain old telephone service until the Obama administration decided Title II should be used to implement net neutrality -- the principle that consumers should have reasonable access to internet functionality. more

A European Perspective on the Equifax Hack: Encouraging Data Security Through Regulation

The Equifax hack is understood to have compromised the personal data of over 140 million individuals. Although recent hacks of other businesses have affected more individuals, the personal data held by Equifax is significantly more sensitive than the data compromised in other hacks and includes Social Security numbers, birth dates, current and previous addresses and driver licence details... (Co-authored by Peter Davis and Brendan Nixon.) more