Policy & Regulation

Policy & Regulation / Most Commented

Holding Trump Accountable Under Public International Law

Trump and his enablers are well known to disrespect if not disdain legal systems, including public international law. He has effectively abrogated every treaty instrument relating to international communications at the whim of a tweet. His behavior has dishonoured the USA in a way that will take years to remedy. Trump's actions to ban access to Android Operating System updates on Chinese products have significantly harmed cybersecurity worldwide. more

Perspectives on Cyber Governance

APAN (Asia Pacific Advanced Network) brings together national research and education networks in the Asia Pacific region. APAN holds meetings twice a year to talk about current activities in the regional NREN sector. I was invited to be on a panel at APAN 50 on the subject of Cyber Governance, and I'd like to share my perspective on this topic here. more

Trump Wants to Change the Communications Decency Act

Section 230 of the Communications Decency Act (CDA), says that "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider." The law was passed in 1996 in order to shield ISPs that transported content or platforms that hosted it from lability. Bloggers were not responsible for comments on their posts, YouTube and Facebook were not responsible for things users posted, etc. more

Marking the 30th Anniversary of the Internet and Cybersecurity Treaty

Next week on 1 July 2020 marks the 30th anniversary of one of the most significant treaty instruments in modern times. On 1 July 1990, the Melbourne Treaty came into force as the first and only global treaty that enabled worldwide internets and mobile networks to exist, together with the cybersecurity provisions designed to protect those infrastructures. The achievement remains as an enduring tribute to Richard Edmund Butler of Australia who was one of the most influential, and best-loved Secretaries-General of the ITU. more

UN Secretary General’s Roadmap on Digital Cooperation: Creative Navigating in Stormy Cyberwaters

When UN Secretary-General Antonio Guterres announced in January 2020 that he was preparing a global "roadmap for digital cooperation," he had no idea that six months later, the world had made a quantum leap into the digital age. Home office, distance learning, online shopping, and video conferencing have been around for a long time, but the standstill of the real world during the pandemic has led to an unexpected expansion of the virtual world. more

Thumb on the Scales

Does the ICANN Board putting its thumb on the scale, change the status quo assumption of a Policy Development Process (PDP)? The primary assumption of most PDPs is that, in the absence of consensus for change, the status quo remains. Otherwise, Policy would be made by fiat by the PDP's Chair or Co-Chairs and there would be a mad rush to occupy those unpaid, thankless positions. more

Surveillance Capitalist in Chief

Surveillance capitalism monetizes private data that it collects without consent of the individuals concerned, data to analyze and sell to advertisers and opinion-makers. There was always an intricate relationship between governments and surveillance capitalists. Governments have the duty to protect their citizens from the excesses of surveillance capitalism. On the other hand, governments use that data, and surveillance capitalism's services and techniques. more

China Will Remember the U.S. Huawei War for a Generation

Only an idiot would believe that the U.S. is blocking TSMC manufacture of Huawei cell phone chips because of security fears. This is a commercial rivalry. The U.S. wants to put China's leading technology company out of business. We will fail, of course, at a price far higher than D.C. understands. The U.S. is ready for China's immediate countermeasures, even if Apple's stock price falls $hundreds of billions. But the long-run price will be devastating. more

Preserving ICANN’s Independence Through Bold Action – Not Inaction

This week, the ICANN Board will vote on whether to approve the transfer of control of the .ORG domain to a private equity firm called Ethos Capital. This is a weighty decision for ICANN, since in order to approve the sale, it will have to convince itself that this is the right choice in the face of tremendous and widespread opposition, including from those who will be most affected by the sale. more

The US-China Cold War in Cyberspace

In 2019 and 2020, the economic conflict between the US and China reached a peak. There was a months-long tariff battle that is still not fully resolved. After blocking Chinese-centered equipment manufacturer Huawei from its own markets, the US pushed hard to get the Five Eyes and all of its allies to block Huawei from foreign markets, too. Then the US started blocking its own companies... more

A New Low for the ICANN Multistakeholder Process

ICANN's dismissal of public comments submitted on the .COM Registry Amendment wasn't surprising given that it recently dismissed the public comments on the .Org Renewal Agreement, but the speed and disdain which it demonstrated was. Despite public pronouncements by ICANN President and CEO, Gören Marby and assurances from ICANN Board Chair, Maarten Botterman, that public comments were welcomed and that ICANN would take them seriously... more

Why Are the U.S. Broadband Prices So High?

I've wondered for years about why broadband prices are higher in the U.S. than the rest of the world. The average price in other industrial counties is significantly lower. In France, broadband averages $31, Germany is $35, Japan is $35, South Korea is $33, and the U.K. is $35. The average price of broadband in the U.S. is approaching $70, so we're at twice the price as other countries. more

Hilyard Has a Historic Chance to Activate ICANN At-Large

The .ORG sale has placed Maureen Hilyard – ICANN's At-large Chair – squarely between the largest outpouring of individual user sentiment that the Internet community has ever seen, and the people who can do something about it. For At-large, the stakes are high. ICANN has spent years building up a user organization to balance corporate and government interests. At-large could be a key bulwark against the capture of Internet resources by those with capital and political power. more

The Number Resource Organization (NRO) Issues Inspection Request to ICANN Concerning the .ORG Sale

The Number Resource Organization (NRO), acting as the Address Supporting Organization (ASO), today announced it has submitted correspondence to ICANN regarding the Internet Society's proposed transfer of ownership of PIR, the .org registry, to Ethos Capital. more

Fadi’s .ORG Fracasso

The stakeholder community needs to get with the program and assert itself now – if it still can. The recent attempts by the Internet Society (ISOC) to wrap itself in the halo of Jon Postel's "original intent" for .org is specious and laughable. As I've previously published, Postel also didn't like how big the top-level domains were getting and suggested, in 1993, that top-level domains should be capped at 10,000 names and that further zone growth should happen at the second- and third-levels (similar to how the UK has .uk and then .com.uk, for example). more