Policy & Regulation

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

Enhanced Confusion: The European Council and the Governance of the Internet

On November 1, 2014, the new European Commission started its work. One of the priorities of its new president, Jean Claude Juncker, is the digital agenda. The European Union wants to be a leader in the Internet world of tomorrow. Vice President Andrus Ansip from Estonia (some people spell the country name "e-stonia") and Commissioner Günter Oettinger from Germany will have special responsibilities to implement the big plans. Juncker was elected by the European Parliament, although the green light for his nomination came from the European Council. more

Bringing Order to Chaos

If we were to apply themes to Internet governance world, the narrative for 2014-15 is definitely 'change'. The governance ecosystem is knee deep in the IANA transition, with a few meetings and teleconferences of the IANA Transition Coordinating Group behind us, and a ramping up of activity around ICANN accountability and governance. While the IANA transition and ICANN accountability processes are being conducted in parallel and independently, it's important to note that not only are they related, they are dependent on one another. more

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