Policy & Regulation

Policy & Regulation / Most Commented

Lessons from Egypt: We Need to Protect Our Connected Minds

We need to protect the power that allows us to connect our collective intelligence, as described a few weeks ago in my blog on connected minds. I argued that in order to address some of our global challenges we have to start looking at a radically new way to address them. The events in Egypt brought home the fact that if it comes to the crunch any government can disconnect us simply by bringing the Internet and other communications systems down at will... more

Why I Support Canadian Presence Requirements for .CA Domain Names

It nearly goes without saying that if ".CA" means and should continue to mean, "Canada", the registration of a .CA domain name ought to involve some tie to Canada. As Canadian Internet Registration Authority ("CIRA") CEO, Byron Holland, aptly put it, "The fundamental requirement of having a Canadian presence in order to get a dot-ca domain name make sense...because it is a country code and there is an assumption that there is some "Canadian-ness". And that is why, in a nutshell, I support a Canadian 'presence requirement' for the registration of .CA domain names. Nevertheless, the question of what constitutes an appropriate 'presence requirement' is an interesting issue... more

Spam Fighting: Lessons from Jack Bauer?

As I blogged about several months ago, as did numerous other anti-spam bloggers, David Ritz was sued by Jeffrey Reynolds and a judge in North Dakota agreed with Reynolds. At the heart of the case was that Ritz engaged in anti-spam activities using techniques known only to a small subset of advanced computer users, and used these techniques maliciously against Reynolds... Back in the olden days of spam fighting, some anti-spammers used to use malicious techniques against spammers in order to shut them down... more

Cluck, Cluck… ICANN and Contract Compliance Enforcement

I've always been a fan of co-ops. In New York, we shop at greenstar.coop and my wife banks at alternatives.coop, in the UK we shop at co-operative.coop. So when the .COOP domain opened, I wondered if I could get my own clever domain name, but found that chicken.coop was taken by a small producer co-op in the southern U.S. Drat. more

New York Passing New Domain Name Law

In a move that flies in the face of established international guidelines, the New York Senate is pushing through a bill that would forbid registering the name of a living person with the purpose of selling the domain to that person. The New York Senate's bill is called "domain names cyber piracy protections act" and is championed by State Senator Betty Little (S2306). Generally speaking, registering a person's name solely to sell the domain to that person is a losing cause in UDRP arbitrations. But the New York bill is scary for a few reasons... more

If ICANN Won’t Stand Up to EU in WHOIS Dispute, Then the U.S. Congress Should

The early designers of the Internet quickly realized that as the number of domain names flourished, there was a need for tracking domain name owners to resolve questions and conflicts that might arise. To that end, they created WHOIS, a public database with the names, phone numbers, email addresses, and mailing addresses of registered domain owners and operators. more

The Sad State of WHOIS, and Why Criminals Love It

I'm not even sure how to begin this post, but let me tell you -- my head explodes when I try to contact WHOIS "contacts" about criminal activity - FAIL. I think ICANN wants to do the right thing here, and has stated on multiple occasions that inaccurate WHOIS data is reason for registrar termination. That's a Good Thing... more

NAF Panelists and Complainants Caught Systematically Copying/Pasting Nonsense Into UDRP Decisions

In a recent article at DomainNameWire.com, CitizenHawk was called out by a National Arbitration Forum (NAF) panelist for the submission of automated complaints which contained complete nonsense. Through the discussion in the comments to that article, the community discovered that the problem is far deeper. It turns out that UDRP panelists at NAF have been churning out boilerplate cut/paste decisions of their own, with utter nonsense of their own, and that this has been going on for years. more

“It’s The Internet Stupid” ...I Respectfully Disagree

Today, in response to "It’s The Internet Stupid", Richard Bennett highlights (on the IP List) something I've noticed even among other advocates of 'Net Neutrality' (and how I've come to detest the term after its widespread and misguided overuse). Legislating against the concepts of Deep Packet Inspection (DPI) or other preferential treatment of packets is not the brightest thing to do. I've seen others draw analogies to gun control using the 'guns don't kill people' argument... more

Carriers Are Trying to Take Back Control of the Home Network

With all the focus on neutrality in the provider networks we must not lose sight of what is happening in our own homes. As with some of the efforts to make the networks work better (as measured in the providers' paternalistic) view, their attempt to retake the home is about serving us better by reducing the operators' costs. "Better" is of course in terms of the operator's own measures. It's not quite the same as in 1995 when providers opposed home networks and want to charge us for each machine... more

Could IP Addressing Benefit from the Introduction of Competitive Suppliers?

An article written by Paul Wilson, Director General of Asia Pacific Network Information Centre (APNIC), and Geoff Huston, Senior Internet Research Scientist at APNIC. "In recent months proposals have been made for the introduction of competition into the system of allocation of IP addresses. In particular, calls have been made for new IP address registries to be established which would compete with the existing Regional Internet address Registries (RIRs). Specific proposals have been made by Houlin Zhao of the ITU-T and by Milton Mueller of the Internet Governance Project, both of which propose that the ITU itself could establish such a registry group, operating as a collection of national registries." ...It would appear that part of the rationale for these proposals lies in the expectation that the introduction of competition would naturally lead to outcomes of "better" or "more efficient" services the address distribution function. This article is a commentary on this expectation, looking at the relationship between a competitive supply framework and the role of address distribution, and offering some perspective on the potential outcomes that may be associated with such a scenario for IP addresses, or indeed for network addresses in general. more

ICANN and Attorneys General: Ends, Means and Unintended Ends

In a move, unprecedented in scale, ISOC moved to sell PIR, the registry for .ORG, to a for-profit entity which intends, in turn, to convert PIR into a for-profit entity itself. This move has, understandably, raised concerns from around the Internet community and cast a bright light on ICANN, the nature of its contracts with Registries and the responsibilities of the ICANN Board... As the Vice Chair for Policy of the At-Large Advisory Committee (ALAC), I've tried to navigate a consensus involving ALL of those parties because of our diverse membership. more

ICANN IPC & BC to Host Cross-Community Call on Accreditation/Access Model for Non-Public WHOIS Data

The ICANN Intellectual Property Constituency (IPC) and Business Constituency (BC) will be hosting a community-wide discussion regarding the proposed accreditation and access model for non-public WHOIS data, which was first circulated to the community during ICANN 61. The discussion will take place via ICANN-supported remote participation and/or audio bridge this Friday, April 6, 2018, from 1400-1600 UTC. more

ICANN Should Curb Anonymous Domain Name Abuses

E-commerce has revolutionized how businesses sell to consumers -- including those involved in illicit activities, such as websites peddling illegal narcotics, pirated movies and music, or counterfeit handbags. For example, 96 percent of Internet pharmacies do not comply with U.S. laws, and as they ship pills tainted with paint thinner, arsenic, and rat poison, they put the health and safety of consumers at risk. Why don't law enforcement officials do more to combat this problem? Partly because of the difficulty of identifying who is actually operating the illegal pharmacies. It is time to fix this, while allowing anonymity for those who deserve it. more

Does ICANN Need to Evolve Its Code of Conduct?

If you follow the Internet governance world like I do, you've no doubt had time to ponder the news of former ICANN Board Chair Peter Dengate Thrush's appointment as Executive Chairman of Top Level Domain Holdings Limited (TLDH). This was a seemingly fast jump from the body that coordinates the Internet (whose most recent milestone was to approve the creation of new gTLDs) to one of the key companies that stands to actively benefit from this burgeoning part of the domain name industry. Further, he's taken up a position that, according to reports, will allow him to benefit substantially as well. more