Policy & Regulation

Policy & Regulation / Most Commented

.WEB is ICANN’s First Test of Accountability

Last month, in a much heralded international event, the agreement that ICANN held with the United States Department of Commerce was permitted to lapse and so ICANN became an independent manager of the Internet's addressing system. While some argued that the organization was not "ready" for the transition, the majority of ICANN's multi-stakeholder community, including Afilias, agreed that sufficient accountability measures were in place to ensure that ICANN remains a responsible (and responsive) international organization. more

The Internet’s Climate Quandary and the Inconvenience of Practicing What We Preach

It all started earlier this year in June. I was coding transcripts of the past global Internet Governance Forum (IGF) meetings as part of a data mining exercise for DiploFoundation's Geneva Internet Platform (GIP). Pouring over transcript after transcript, the work was tedious, but I was learning a great deal about the Internet governance community as well. My interest was piqued by the conversations, the familiar names I came across, and the multi-stakeholder manifestation of politics, perspectives, and positions. more

Restraining Order Filed by US States’ Attorneys in the Final Hours of IANA Transition

With less than 24 hours to go before the historic contractual relationship between the US government and ICANN is set to expire, a motion hearing is expected to be held today based on a lawsuit filed in federal court in Texas by four states' attorneys general which could lead to NTIA facing the possibility of a temporary injunction. more

A Journey Into the Surreal: The GOP Protecting “Internet Freedom” With 25 Friends

Few people would suggest that much of the life in the U.S. national political scene these days has any nexus to the real world. At national election time, the disconnect and hyperbole in Washington get worse. "Unhinged" seems to be a common term. The recently released GOP platform on "protecting internet freedom" followed up by the "twenty-five advocacy groups" letter to Congressional leaders is definitely an unhinged a journey into the land of the clueless. more

The Irritating Irresolution of ICANN Jurisdiction

The ICANN community review and Board approval of the draft Bylaws intended to implement the Work Stream 1 (WS1) recommendations of the Cross-Community Working Group on Accountability (CCWG-ACCT) are nearing completion. As we approach that marker, it is worth remembering that a major impetus for the approaching transition of IANA functions control away from the U.S. Government (USG) to the multistakeholder community was the notion that termination of the remaining "clerical function" performed by the USG within the context of the current IANA contract would dampen criticism of ICANN's relationship with the USG... more

ICANN Denies .GAY’s Request for Reconsideration

ICANN's Board Governance Committee (BGC) today released its comments on recent reconsideration request of dotgay LLC's new top-level domain .GAY application. Kevin Murphy from Domain Incite reports: "ICANN has refused dotgay LLC's latest appeal against adverse .gay decisions, and has taken the unusual step of preemptively defending itself against probably inevitable accusations from gay right groups." more

Why More Effort Won’t Solve the Exceptional Access Problem

In the debate over government "exceptional access" to encrypted communications, opponents with a technical bent (and that includes me) have said that it won't work: that such a scheme would inevitably lead to security problems. The response -- from the policy side, not from technical folk - has been to assert that perhaps more effort would suffice. FBI Director James Comey has said, "But my reaction to that is: I'm not sure they've really tried." Hillary Clinton wants a "Manhattan-like project, something that would bring the government and the tech communities together". More effort won't solve the problem - but the misunderstanding lies at the heart of why exceptional access is so hard. more

Consumer Trust? Not at ICANN Compliance

Every person and every entity must have a philosophy if they are to be successful. Consumer trust is one of the key issues at the heart of keeping the Internet open as well as prosperous. The ICANN Affirmation of Commitments was signed in 2009 and has been the guiding principle for ICANN's activities going forward. The title of section 9.3 is Promoting competition, consumer trust, and consumer choice. This section is in essence the embodiment of the commitment of ICANN. more

Reconsideration Request Denied

Having been passed over by the "old guard" Board Governance Committee of ICANN Board of Directors, I took the occasion to speak from my heart to provide the "new guard" with the observations of a 16-year ICANN volunteer. For those of you in the community who are wondering what happened, what follows is word for word what I shared with the Board of ICANN at my closed door proceedings. more

The Empire Strikes Back: ICANN Accountability at the Inflection Point

The members of the ICANN community engaged in the work of the Cross Community Working Group on Enhancing ICANN Accountability (CCWG-ACCT, or just plain "CCWG" for this article) has been engaged since late 2014 in designing an enhanced ICANN accountability plan to accompany the transition of oversight of the IANA root zone functions from the National Telecommunications and Information Administration (NTIA) to the global multistakeholder community. On August 3rd the CCWG released its 2nd Draft Report (Work Stream 1) for a public comment period that closed on September 12th. more

How to Move Cybersecurity Forward in a More Positive Way

In 2013 I wrote a blog Telecoms as a spying tool, in which I mentioned that those who use the internet to spy indiscriminately will have to face the reality that such activities will only start a cat-and-mouse game -- the technology will always be able to stay one step ahead of those who are using the internet for criminal purposes. Since that time some very significant developments have taken place that have confirmed our prediction. more

Dot SUCKS: The Ultimate Vanity Domain

When last we wrote, trademark lawyers had written an outraged letter to ICANN about the $2500 price to preregister trademark.sucks names, and ICANN, reliably panicking in the face of legal threats, wrote to the US Federal Trade Commission and Canadian Office of Consumer Affairs saying please tell us that's illegal so we can shut down this registry with whom we just signed a long-term contract. (The mysterious $1 surcharge turned out to be a weak attempt by ICANN to collect debts that affiliates of registry owner Momentous defaulted on long ago.) more

Confessions of an Ex-Opponent of Whois Privacy

The following is the easyDNS response to ICANN's public comment period on GNSO Privacy & Proxy Services Accreditation Issues Working Group Initial Report. The public comment period is open until July 7, 2015. We strongly urge you to make your voice known by signing the petition over at Save Domain Privacy. I submit these comments as a CEO of an ICANN accredited registrar, a former director to CIRA and a lifelong anti spam contributor with an unblemished record of running a managed DNS provider that maintains zero tolerance for net abuse or cybercrime... more

Watch Live Thurs 28 May: The Way Forward for the WSIS+10 Review Process

Would you like to learn more about what the WSIS+10 Review process is all about? How can you participate in the process if you are not with a government? What is "WSIS" all about anyway -- and why should you care? Those questions and more will be part of a luncheon briefing on Thursday, May 28, 2015, from 13:15 - 14:45 Central European Time (UTC+2). more

The Economics of Magic

Arthur C. Clarke said any sufficiently advanced technology is indistinguishable from magic. Milton Friedman said there's no such thing as a free lunch. The validity of the former statement does not invalidate the later. From this we can see that even magic has a price. Hence, its application is subject to cost-benefit analysis. There are many developing technologies that may eventually qualify as magic. more