Policy & Regulation

Policy & Regulation / Most Commented

ICANN’s Comment Period on Accountability Process Seeks Scope Limitations

Bowing to unprecedented community pressure in the form of a unanimous letter questioning its staff-developed Accountability Process, as well as a reconsideration request filed with the Board, on September 5th ICANN issued a notice titled "Public Comment Invited: Enhancing ICANN Accountability Process". The notice opens a 21-day public comment period on that staff proposal. However, ICANN staff apparently cannot resist asserting some form of top-down control even what that very conduct is at issue, and the notice and accompanying explanation contain attempts to restrict and unduly channel the scope of community comment. more

Prepare for the Worst, But Hope for the Best

A couple of weeks ago, I blogged about the importance of the timeline leading up to the September 2015 deadline for the IANA oversight transition proposal. In that post, I explored the nature of U.S. politics and how it can affect the transition if we, as a community, are not diligent in our efforts to meet that deadline. Since then, the IANA Stewardship Transition Coordination Group (ICG) has held its first meeting and a conference call, resulting in some new information that necessitates an update to that post. more

Is ICANN’s .IR Response at Odds with the ACPA and ICE Domain Seizures?

An initial review of ICANN's response to litigation seeking it to turn over control of the ccTLDs of Iran, Syria and North Korea led to the conclusion that it had opened a "legal can of worms". A few more just wriggled out, and they threaten the basic assumption that underlies the U.S. statute governing cybersquatting and the practices engaged in by Federal officials seizing domain names engaged in intellectual property infringement. more

Inter Mundos: ICANN’s Accountability is a Matter of Human Rights

The debate over the IANA Functions transitions has captivated the minds of all stakeholders. The U.S. Commerce Department's National Telecommunications and Information Administration (NTIA) has announced that they intend to transition key Internet domain name functions to the global multistakeholder community. Thus, we find ourselves in the midst of a transition between worlds. All stakeholders are pondering the following questions: what should be the appropriate transition? What should be our goal? more

The Essential Ingredient of Politics Is Timing

The transition of the IANA contract oversight is, of course, the topic du jour at ICANN 50 in London. From the sessions to the hallway banter, it's the hottest topic I can recall in ICANN's history. It's an inherently over-the-top political topic, merging partisan politics in Washington with Internet governance. On numerous occasions in Singapore, Larry Strickling raised the domestic politicking on the part of the Republican Party regarding the IANA oversight transition, cautioning us of the discourse fuelled by opportunism. more

UDRP Failure Endangers Consumers

Yesterday I participated in a panel at the International Consumer Product Safety Conference sponsored by the International Consumer Product Health and Safety Organization (ICPHSO) held at the European Commission in Brussels Belgium. This conference brings together the global community of product safety engineers, manufacturers, retailers, regulators, inspectors, and counterfeiting investigators. The role of online fraud and illicit product traffic is clearly one of the conference priorities. more

NANOG 61 - Impressions of Some Presentations

The recent NANOG 61 meeting was a pretty typical NANOG meeting, with a plenary stream, some interest group sessions, and an ARIN Public Policy session. The meeting attracted some 898 registered attendees, which was the biggest NANOG to date. No doubt the 70 registrations from Microsoft helped in this number, as the location for NANOG 61 was in Bellevue, Washington State, but even so the interest in NANOG continues to grow... more

FCC’s “Commercial Reasonableness” Standard Already a Dismal Failure

T-Mobile filed a petition today making it clear that the FCC's commercial reasonableness standard is a failure. Anyone following net neutrality knows that the FCC is proposing to authorize discrimination and pay-for-priority deals known as fast lanes. The FCC is claiming we need not worry, however, because the FCC can make sure that entrepreneurs and users face only "commercially reasonable" discrimination. more

The Demand and Supply Imbalance in Telecoms

You can't open a newspaper today, listen to the radio, or watch TV without hearing about the enormous explosion in the use of telecommunications technology - be it fixed or mobile broadband, the internet, social media, smartphones, tablets, wearables, IoT, cloud computing, the list is endless... Yet, at the same time, many telcos and ISPs are struggling to maintain their profitability. This defies economic logic. more

Net Neutrality’s Legal Binary: An Either/Or With No “Third Way”

People working on net neutrality wish for a "third way" — a clever compromise giving us both network neutrality and no blowback from AT&T;, Verizon, Comcast and others. That dream is delusional because the carriers will oppose network neutrality in any real form; they want paid fast lanes. They have expressed particular opposition to "Title II" of the Communications Act — something telecom lawyers mention the same way normal people might reference the First or Second Amendments. Title II is the one essential law to ban paid fast lanes. more

NETmundial and the IGF: Putting Your Money Where Your Mouth Is

The Internet is not new. It has existed, in one form or another, since the 1960s. Since that time, it has been primarily the domain of the engineers and the other technology-minded individuals that built it. The organizations that were put in place to govern it predate the huge growth in end users the Internet experienced in the 2000s... They are able, in structure and capacity, to deal with technological issues. The issues facing the Internet in 2014, however, are very different from those in 1998. more

Outcome from NETMundial Meeting in Brazil Largely Seen as Positive for Business

Last Month at the NETMundial meeting in Brazil, representatives from governments, private sector, civil society, the technical community and academia met to debate the key principles on which the Internet should evolve. The meeting culminated in a supporting the principles of a decentralized and multistakeholder (ie: non-governmental) driven Internet ecosystem, committed to principles of openness, fairness, accessibility, security and safety. more

RIP Network Neutrality

It's been an interesting couple of months in the ongoing tensions between Internet carriage and content service providers, particularly in the United States. The previous confident assertion was that the network neutrality regulatory measures in that country had capably addressed these tensions. While the demands of the content industry continue to escalate as the Internet rapidly expands into video content streaming models, we are seeing a certain level of reluctance from the carriage providers to continually accommodate these expanding demands... more

Better Than Best Efforts Routing of Mission Critical Traffic and the FCC

It appears that the FCC will permit exceptions to the standard, plain vanilla best efforts routing standard for Internet traffic, such as the paid peering arrangement recently negotiated between Comcast and Netflix. In both academic and applied papers I have supported this option, with several major conditions... With no opposition that I have seen, companies like Akamai offer better than best efforts routing of "mission critical" traffic from content source to last mile, "retail" Internet Service Providers. more

Interconnection Disputes Are Network Neutrality Issues (of Netflix, Comcast, and the FCC)

A lot of people have been talking about the "interconnection" deal between Comcast and Netflix and whether that deal is related to network neutrality. (It is.) This question comes partly because the FCC's 2010 Open Internet Order (also known as the network neutrality order) was recently struck down. So network neutrality lands back at the FCC, with a new Open Internet proceeding, at the same time Netflix starts working so poorly on Comcast that Netflix had to cut a special deal with Comcast. more