Policy & Regulation

Policy & Regulation / Most Commented

‘The Global Village’ Idiot

I recall from some years back, when we were debating in Australia some national Internet censorship proposal de jour, that if the Internet represented a new Global Village then Australia was trying very hard to position itself as the Global Village Idiot. And the current situation with Australia's new Data Retention laws may well support a case for reviving that sentiment. more

The Senate Should Take the DOTCOM Act Off Cruz Control

Recently we speculated on the question "Will 2016 Politics Trump Bipartisan Support for the MSM and DOTCOM Act?" That article discussed the possibility that the Obama Administration's decision to relinquish ICANN stewardship via the periodic re-awarding of the IANA functions contract might arise in the ongoing U.S. Presidential sweepstakes, most likely from a Republican entrenched in the far right wing of that Party. We also discussed whether its introduction might erode the currently broad and bipartisan Congressional acceptance of the transition... more

Three Things TLD Registries Must Know About China’s Domain Name Regulation

Recently there have been a number of news reports/articles that are incorrect or misleading in interpreting China's domain name management policy. James has posted an article aiming to clarify what is going to in China's domain name market. Considering the potential negative impact of those reports on the participants of this market, I supplement James's post by pointing out three things, which I believe critical for any TLD registries that hope to have a better understand of China's domain name regulation and the special action based on it. more

Managing (in)Security Through Regulation: A Key Phase for Nation States

Not so long ago, the notion of introducing laws and other regulatory responses to address cyber security issues was regarded with significant hesitation by governments and policy makers. To some extent, this hesitation may well have stemmed from a general perception by those who do not work directly in the field that the world of cyber security is somewhat of a 'dark art'. More recently, however, there has been a substantial shift in this attitude, with proposals to regulate a range of cyber security related matters becoming increasingly numerous. more

Is Sharing the Answer to .BRAND Top Level Domain Disputes?

In opening up for the .BRAND top level domain, ICANN has artificially created a scarce resource of great commercial value. Indeed, the values of the .BRAND TLDs may be astronomical due to the investments made by the companies that own the trademarks represented in the .BRAND TLD. While the above is interesting in its own right, I will here focus specifically on how we deal with situations where more than one company has a legitimate trademark interest in a particular .BRAND TLD. more

Parallels Between Our Oceans and Internet Governance #WorldOceanDay

Today is June 8th and World Ocean Day. As I ponder on the threats and challenges to the world's ocean with the enormous stresses such as overfishing, pollution, ocean acidification that threatens all global standards of living, I cannot help but think about the startling similarities that global internet governance faces with its respective stresses of increasing cyber security vulnerabilities, threats, breaches of trust, growing cyber crime, breaches of privacy and data protection, identity thefts, pedophilia and many other things that threaten global public interest and our safety within an internet ecosystem. more

What’s Going on in China’s Domain Name Industry?

Recently, there has been a lot of noise about China tightening control of the new top-level domains and how it could severely damper domain name registrations in China and one should make preparation for the worst. Initially, I tried to stay out of this as I know all the players behind this. But given that at least 3 people have emailed me asking what's going on, I decided to clear the air here. more

An Open Internet Is Critical for UN Sustainable Development Goals

In 2015, a significant focus of the United Nations will center on the future of global development, including negotiating a set of Sustainable Development Goals (SDGs) aimed at guiding policy in achieving dignity, well-being, and equality for all the world's people -- especially the poor and underserved. The currently proposed SDGs consist of an ambitious set of 17 goals and 169 specific targets. more

ICANN Asks U.S. Federal Trade Commission Whether .SUCK is Violating Any Laws

Allen Grogan, ICANN's Chief Contract Compliance Officer, has written a blog post today concerning a formal letter it has received asking the agency to halt the rollout of .SUCKS, a new gTLD operated by Vox Populi Registry Inc. As it stands, a ruling against Vox Populi by ICANN could result in federal prosecution or other legal action, according to ICANN officials. more

Decision Time for the Open Internet

On February 26 of this year the Federal Communications Commission (FCC) of the United States will vote on a proposed new ruling on the issue of "Network Neutrality" in the United States, bringing into force a new round of measures that are intended to prevent certain access providers from deliberately differentiating service responses on the carriage services that they provide. more

FCC Expected to Propose Regulation of Internet as Utility

Sources are reporting that Tom Wheeler, the Federal Communications Commission chairman, is widely expected this week to propose regulating Internet service similar to a public utility -- a move certain to unleash another round of intense debate and lobbying about how to ensure so-called net neutrality, or an open Internet. more

Software Insecurity: The Problem with the White House Cybersecurity Proposals

The White House has announced a new proposal to fix cybersecurity. Unfortunately, the positive effects will be minor at best; the real issue is not addressed. This is a serious missed opportunity by the Obama adminstration; it will expend a lot of political capital, to no real effect... The proposals focus on two things: improvements to the Computer Fraud and Abuse Act and provisions intended to encourage information sharing. At most, these will help at the margins; they'll do little to fix the underlying problems. more

Wait and See Approach on Abuse

Wait and see approach on abuse attracts ICANN Stakeholder attention: A few weeks ago I made a detailed argument as to why product safety applies to domains, just like it does to cars and high chairs. I also argued that good products equal good business or "economically advantaged" in the long run. Then I really made a strong statement, I said if we don't actively engage other Internet stakeholders -- those that interact with our products, we would eventually lose the opportunity to self-regulate. more

Breaking: U.S. Government Funding Bill Delays IANA Transition

On the evening of Tuesday, September 9th, Congressional leaders unveiled a 1,603 page, $1.01 trillion FY 2015 appropriations bill to fund the U.S. government through the end of September 2015. One provision of the omnibus bill would delay the IANA transition until after the September 30, 2015 expiration of the current contract between the NTIA and ICANN. more

Section 3.18 of the 2013 RAA: Reasonable Investigations, Appropriate Responses

Section 3.18 of the ICANN 2013 Registrar Accreditation Agreement (RAA) contains language requiring registrars to investigate and respond to abuse complaints. Nearly one year into the new RAA's effective period, what do we know about Section 3.18? If a person or entity wants to submit a complaint, what should they keep in mind? This article reviews the meaning of Section 3.18, how to leverage it, offers a list of do's and don'ts for complainants, and offers a few recommendations for registrars. more