Policy & Regulation

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

Is Secured Routing a Market Failure?

The Internet represents a threshold moment for the communications realm in many ways. It altered the immediate end client of the network service from humans to computers. It changed the communications model from synchronized end-to-end service to asynchronous and from virtual circuits to packet switching. At the same time, there were a set of sweeping changes in the public communications framework... more

FCC Implements Broadband Labels

The FCC voted recently to implement consumer broadband labels. This was required by section 60504 of the Infrastructure Investment and Jobs Act. The new rules will become effective after the Office of Management, and Budget approves the new rules and after the final notice is published in the federal register. ISPs will then generally have six months to implement the labels. The labels look a lot like the nutrition labels that accompany food. more

Achieving Multi-Stakeholder Progress on DNS Abuse

DNS Abuse and how to address it has been the topic of intense, often conflictual, and rarely conclusive discussions for many years, starting with the very definition of the term and the degree of responsibility bestowed upon DNS operators. In 2018, after several months of intersessional work, the Internet & Jurisdiction Global Conference brought together in Ottawa more than 200 key stakeholders to define a roadmap to address certain jurisdictional challenges on the Internet, including DNS abuse. more

The Continuing WHOIS Disappearing Act

WHOIS is about to become even harder to find. ICANN has recently concluded long-delayed contract negotiations with industry meant to accommodate the technical migration from the WHOIS protocol to the Registration Data Access Protocol (RDAP). Instead of limiting the changes to what's necessary to implement the new technical protocol, the proposals effectively gut WHOIS, making it virtually impossible to find by eliminating web-based WHOIS access... more

Regulation of Algorithmic Regulation Begins

A Chinese law that went into effect six months ago required online service providers to file details of the algorithms they use with China's centralized regulator, the Cyberspace Administration of China (CAC). In mid-August, CAC released a list of 30 algorithms used by companies such as Alibaba, TenCent and Douyin, the Chinese version of Tiktok, with a brief description of their purpose. more

The Politics of Submarine Cable in the Pacific

There was a naive idealism in the early days of the Internet that attempted to rise above the tawdry game of politics. Somehow, we thought that we had managed to transcend a whole set of rather messy geopolitical considerations that plagued the telephone world and this new digital space that the Internet was creating was simply not going to play by the old rules. more

Webcast May 23: Finnish Internet Forum – ‘Internet and War’ Panel

On Monday May 23 2022 at 3 -- 5pm EEST (12:00 -- 14:00 UTC) the Finnish Internet Forum will convene a panel at the University of Helsinki with the topic 'Internet and War'. A panel of experts will address the question of how the war has affected the Internet and how the Internet has been used to influence Finland and elsewhere during the war. The event will be conducted in English. more

Implications of DoD IPv6 Mandate on IPv4 Market

Recent Department of Defense IPv4 activity and announcements about IPv6 indicate a shift in their perspective and suggest potential impacts on the IPv4 address market. The shift could include the release of up to 175 million IPv4 addresses in the coming years, creating a risk of a glut in the market. For perspective, the market has transferred 380 million addresses over eleven years. more

Why Over Compliance With Sanctions at Internet Infrastructure Level Can Have Devastating Effects on Ordinary People

On Friday, Mykhailo Fedorov, Ukraine's digital transformation minister, asked Cloudflare and Amazon to stop serving Russian web resources and protecting Russian services. He said in a tweet that Ukraine was "calling on Amazon to stop providing cloud services in Russia." He also said that "Cloudflare should not protect Russian web resources while their tanks and missiles attack our kindergartens." more

ICANN SSAD Proposal Poised to Fail?

After years of work on a proposed standardized system of WHOIS data disclosures (referred to as SSAD), and over a year of operational assessment of the proposal by ICANN itself, the ICANN Board seems poised to reject the proposal. And rightly so. The proposed SSAD is entirely watered down, fractured, and affords no oversight powers to ICANN regarding disclosure decisions that would continue to be left to the complete discretion of individual registrars (the very parties ICANN oversees).  more