Policy & Regulation

Censorship-by-Infrastructure: How DNS Blocking Threatens the Open Internet—and How You Can Help Document It

What happens when governments don't just regulate content, but forcibly repurpose the very guts of the Internet's infrastructure to enforce their policies? The chilling answer, increasingly evident worldwide, is widespread, devastating collateral damage. Around the world, neutral systems like Domain Name System (DNS) resolvers and IP routing, the bedrock of our digital lives, are being weaponized as enforcement tools. more

The Digital Sovereignty Ecosystem

The terms Digital Sovereignty or Souveraineté numérique have recently risen in prominence to describe the international rule of law as it applies to information and communication technologies. At a time when disinformation is proliferating and the rule of law, democracy, and human rights, together with long-standing relationships, are being cast aside, digital sovereignty is scaling in importance as a key defensive measure among many nations. more

International Law of Critical Internet Infrastructure [CII]: A Comparative Analysis

On Friday December 13, 2024 at 10:00–12:00 CET (09:00-11:00 AM UTC) the Lodz Cyber Hub at the University of Lodz Law School, an ICANN EURALO ALS, and the United Nations University – Comparative Regional Integration Studies (UNU-CRIS) hosts an online workshop 'International Law of Critical Internet Infrastructure: A Comparative Analysis of Europe and China'. more

NIS 2 Directive Set for Implementation with New Guidelines, But Concerns Remain

The NIS Cooperation Group has released critical guidance for the implementation of Article 28 under the NIS 2 Directive, focusing on registration data accuracy obligations for top-level domain (TLD) registries, registrars, and related services in the EU. more

Will We Ever End Legacy Telephone Networks?

Anybody not involved in the telephone business will probably be surprised to find that the old TDM telephone networks are still very much alive and in place. The old technologies were supposed to be phased out and replaced by digital technologies. The FCC started talking about this before 2010. In 2013, Tom Wheeler, the FCC Chairman at the time, announced an effort to force the needed changes, which was dubbed the IP Transition. more

Demystifying Art. 28 NIS2

On December 14, 2022, the European Parliament adopted the Directive on measures for a high common level of cybersecurity across the Union (Directive (EU) 2022/2555) hereinafter referred to as "NIS2"), which was published in the official journal on December 27, 2022. Being a directive, NIS2 requires transposition into national law. According to Art. 41 of NIS2, the transposition into national law must take place by October 17, 2024 and the measures must be applied as of October 18, 2024. more

The UN’s AI Leadership

In the same way monarchs are proclaimed - by powerful stakeholders attending a coronation and not objecting - the UN's International Telecommunication Union (ITU) took a mandate last week to coordinate AI Safety worldwide, with most industry leaders and relevant UN agencies were present when it did so. more

The FCC Cyber Trust Label Gambit: Part II

Sixty years ago, Paul Baran and Sharla Boehm at The RAND Corporation released a seminal paper that would fundamentally reshape the cyber world forever more. Their paper, simply known as Memorandum RM -- 1303, described how specialized computers could be used to route digital communications among a distributed universe of other computers. It set the stage for a flood of endless developments that resulted in the interconnected world of everything, everywhere, all the time. more

It’s the Latency, FCC

Section 706 of the Telecommunications Act of 1996 orders the FCC to "encourage the deployment on a reasonable and timely basis of advanced telecommunications capability to all Americans." On October 25, The FCC issued a notice of inquiry (NOI) into how well we are doing and invited comments. The NOI points out that COVID and the concomitant increase in the use of interactive applications has "made it clear that broadband is no longer a luxury... more

A Digital Protocol From Kyoto and a Cyber Message From Hamburg: IGF and ICANN Are Well Prepared for the Future

On October 12, 2023, the 18th Internet Governance Forum (IGF) ended in Kyoto. It was, with more than 9000 registered participants, the largest IGF since its inception in 2006. UN Secretary-General Antonio Guterres and Japan Prime Minister Fumio Kishida opened the five-day meeting. The tangible output included 89 "IGF Messages from Kyoto," four substantial reports with recommendations from IGF Policy Networks (PN) for Artificial Intelligence... more

What ICANN’s Strong Stance on the UN’s Global Digital Compact Says About Current Internet Governance

On 21 August 2023, ICANN org. made its position in relation to the current state of the UN's Global Digital Compact (GDC) clear in a blog post by Sally Costerton (ICANN CEO), John Curran (ARIN), and Paul Wilson (APNIC), entitled "The Global Digital Compact: A Top-down Attempt to Minimize the Role of The Technical Community." The publication strongly criticizes the GDC's attempt at folding the technical community into the civil society umbrella under a "tripartite" approach also involving the private sector and governments, as proposed by the Secretary-General's Envoy on Technology, Amandeep Gill. more

The EU AI Act: A Critical Assessment

The proposed new European Union (EU) Artificial Intelligence Act has been extolled in the media as a bold action by a major legislative body against the perceived dangers of emerging new computer technology. The action presently consists of an initial proposal for a Regulation with annexes from 2021, plus recent Amendments adopted on 14 June. This regulatory behemoth exists entwined among a multitude of other recent EU major regulations... more

NIST as a Cyber Threat Actor

On 24 May, NIST published recommendations that are a key component of the U.S. cybersecurity ecosystem -- known as vulnerability disclosure guidelines. NIST (National Institute of Standards and Technology) is an agency of the Department of Commerce whose mission includes "developing cybersecurity standards, guidelines, best practices, and other resources to meet the needs of U.S. industry, federal agencies and the broader public." more

FTC Comment Period Emphasizes the Need for a Better WHOIS System

Late last year, the U.S. Federal Trade Commission - the governmental arm responsible for protecting Americans from unfair trade practices -- opened a comment period on a proposed "Trade Regulation Rule on Impersonation of Governments and Businesses." It's no surprise that those who are victims of or are battling online impersonation saw this as an opportunity to highlight the importance of a working domain name registration data system ("WHOIS") ... more

NIS2, ICANN and “Thick” WHOIS: A Mandate to Move Forward

The recent adoption at the end of December of the new EU Directive for a high level of cybersecurity across the Union -- commonly referred to as "NIS2" - paved the way for important updates to the domain name system (DNS). Most significantly, Article 28 of NIS2 and its related recitals resolved any ambiguities about the public interest served by a robust and objectively accurate WHOIS system that permits legitimate access by third parties to data... more