Policy & Regulation

Estimating Trademark Claims Notice Suppression of Non-Infringing New gTLD Registrations

On February 2nd ICANN staff announced the release of a Draft Report: Rights Protection Mechanisms Review that is open for public comment until May 1st. This Draft Report is preliminary to an Issues Report requested by the GNSO Council that is due to be delivered by September 30th, and that may set the stage for a Policy Development Process (PDP) on Rights Protection Mechanisms (RPMs) that could commence in 2016. Such a PDP could consider comprehensive reform of these RPMs as well as of the Uniform Dispute Resolution Policy (UDRP). more

Your App Is Increasingly Paranoid

In Canada at the moment a fight has been engaged between Bell Canada, a major carrier, and a recent decision of its regulator, the CRTC, concerning whether the CRTC (the Commission) made the correct decision when it said that the underlying transport system was "telecommunications", while the "app" that was carried was "broadcasting". The decision appealed from (the Klass decision) is important because it marks the first time the CRTC has made a decision on the idea that lies at the core of Internet thinking: that an application floats on top of transport layers. more

Could Net Neutrality be to Investments in the Internet What AT&T’s Regulation was to Bell Labs?

As the FCC moves forward with its plans to regulate the internet in the U.S., it's worth taking a look at what's happened when the government has regulated other innovative industries. As a facilitator of innovation, I've always been fascinated with the history of Bell Labs. Bell Labs was once thought of as the source of most modern innovations... The work done at Bell Labs built the foundation for modern invention leading to phones, space exploration, the internet, music distribution, cell phones, radio and television and more. more

ICANN: Our Top 3 Policy Priorities for 2015

2014 was a big year for us and for our clients. The new gTLD program forced us to rethink, reprioritize and implement new and different strategies to protect our brands online. The uncertainty largely behind us, and with more information at our fingertips about just how well (or not) brands are faring in the new environment, it's time to look forward to what we can do in 2015 to fix what's broken, throw away what's useless, fight for what's important... more

Internet Regulation: Section 706 vs Title II

At the NANOG meeting in Baltimore this week I listened to a presentation by Patrick Gilmore on "The Open Internet Debate: Section 706 vs Title II." It's true that this is a title that would normally induce a comatose reaction from any audience, but don't let the title put you off. Behind this is an impassioned debate about the nature of the retail Internet for the United States, and, I suspect, a debate about the Internet itself and the nature of the industry that provides it. more

Beyond NETmundial: Initiative or Inertia?

The April NETmundial meeting was a seminal event in the history of Internet Governance. Fears that the meeting might fail to reach consensus were not realized. Instead, the participants achieved a high degree of harmony -- the "Spirit of NETmundial" -- that resulted in issuance of a consensus Statement that, while lacking in precise detail, was effused with positive energy. Since that meeting there has been considerable discussion within the Internet Governance (IG) community as to what lessons have been learned from NETmundial, and how its work might best be carried into the future. more

ICANN Community Issues Unprecedented Letter Questioning ICANN’s Proposed Accountability Process

In another unpredicted development the entire community of ICANN stakeholders has sent a joint letter to CEO Fadi Chehade and the ICANN Board that strongly questions the "Enhancing ICANN Accountability and Governance - Process and Next Steps" document published by ICANN staff on August 14th over widespread community objections. Signatories to the August 26th letter include the GNSO Council and all of the GNSO's stakeholder groups and constituencies, the Country Code Name Supporting Organization, the At-Large Advisory Committee, the Security and Stability Advisory Committee - and, most surprisingly, the Governmental Advisory Committee. more

African Peering and Interconnection Forum (AfPIF) Streaming Live This Week From Dakar, Senegal

The 5th African Peering and Interconnection Forum (AfPIF) gets underway today, August 26, 2014, in Dakar, Senegal, with a packed agenda full of sessions focused on the future of peering and interconnection in Africa. There are sessions targeted at Internet Service Providers (ISPs), Internet Exchange Points (IXPs), infrastructure providers, content creators and policy makers and regulators. The event goes through Thursday, August 28, 2014. more

Quelle Suprise! ICANN’s Accountability Plan Gives ICANN Board Total Control

After a long await, ICANN's senior management finally released its plan for "Enhancing Accountability" at the private California corporation that makes global Internet domain name policy. Unfortunately, the accountability deficit crisis created by ICANN's longstanding policy of purely "self-policing" with no meaningful external accountability mechanisms will not be solved by this weak plan for more self-policing. more

Net Neutrality Undermining Spreads to Developing Countries

After the USA set the bad example of allowing telcos to start charging different rates for content delivery services, other incumbent telcos elsewhere are only too happy to jump on the bandwagon and use the American example as a reason and an excuse to end net neutrality (NN) in their countries also. As did their American counterparts they too see this as another way to grab some extra monopolistic income. more

Black Helicopters for the DNS: What Happens In 2025?

When Steve delBianco from NetChoice testified (April 2, 2014) in the Subcommittee on Communications and Technology of the US House of Representatives on "Ensuring the Security, Stability, Resilience, and Freedom of the Global Internet", he proposed a stresstest for new mechanisms which could substitute the role of the NTIA in overseeing the IANA contract with ICANN. Stresstests are good. It is good for cars, it is good for banks and it is good for new mechanisms... more

Luddites of the 21St Century Unite?

In the past few weeks doom and gloom stories about the future were printed, discussed and opined in the press. The down and out of the message of futurists is that the middle class is going to be swept away in the coming years because of software and robotic solutions (from here on: automated processes), making humans redundant... Do Luddites of the 21st century need to rise? I want to look at the topic from a few angles. more

Playing the Long Game at the Internet Governance Poker Table

Poker players say if you can't spot the fish within your first 15 minutes at the table, you're the fish. With that in mind, I'm tempted to ask ICANN President Fadi Chehade who's the fish in the high-stakes game of global Internet governance we're now playing. In 2013, ICANN dramatically changed its course in the global Internet governance debate. For a decade ICANN largely stayed out of the game, allowing stakeholders to defend the multi-stakeholder model where private sector and civil society are on equal footing with governments. But in 2013 ICANN went on the offensive... more

How Insider Domain Theft Can Bring Down ICANN

If a hired philosopher graced ICANN, the work would get down to brass tacks. "What is it?", she would ask, that drives ICANN beyond the mysterious dot that apparently represents the root. One can picture subsequent appeals from senior management to its navels, for clues as to what in the end game the root truly represents. I surmise that contemplating bred-in-the-bone values does not resonate easily or often at ICANN. Its like that unreachable itch that evades our scratch; we can't get at the source. more

Bruce Schneier to Speak About Internet Surveillance at IETF 88 Technical Plenary Next Week

How do we harden the Internet against the kinds of pervasive monitoring and surveillance that has been in recent news? While full solutions may require political and legal actions, are there technical improvements that can be made to underlying Internet infrastructure? As discussed by IETF Chair Jari Arkko in a recent post on the IETF blog, "Plenary on Internet Hardening", the Technical Plenary at next weeks IETF 88 meeting in Vancouver, BC, Canada, will focus on this incredibly critical issue. more