Policy & Regulation

In Which We Consider the Meaning of ‘Authorized’: GIVAUDAN FRAGRANCES CORPORATION v. Krivda

What does authorized access mean? If an employee with authorized access to a computer system goes into that system, downloads company secrets, and hands that information over to the company's competitor, did that alleged misappropriation of company information constitute unauthorized access? This is no small question. If the access is unauthorized, the employee potentially violated the Computer Fraud and Abuse Act (CFAA) (the CFAA contains both criminal and civil causes of action). But courts get uncomfortable here. more

ICANN Opens GNSO Whois Study on Privacy/Proxy Abuse for Comment

ICANN has opened the Generic Names Supporting Organization (GNSO) Whois study on privacy/proxy abuse for public comment. Performed by the National Physical Laboratory (NPL), this study is one of many commissioned by the GNSO to examine the current, disparate, and often maligned registration directory service, and aims to measure the hypothesis that "a significant percentage of the domain names used to conduct illegal or harmful Internet activities are registered via privacy and proxy services to obscure the perpetrator's identity." more

Reflections on EUI’s New Community Priority Evaluation Guidelines for New gTLDs

The new Community Priority Evaluation (CPE) guidelines prepared by the Economist Intelligence Unit (EIU), and published by ICANN are now past their feedback period. We, at Radix, believe that ICANN has received feedback from approximately 10 stakeholders, and I for one, am looking forward to those being published. In light of the fact that none of the comments that ICANN received have been made public yet, I decided to blog about my multiple concerns with the new guidelines. Sparing a thought for the not-so-involved reader, I have limited my rant to some of the more important issues. more

Bruce Schneier: Government and Industry Have Betrayed the Internet, and Us

Bruce Schneier in an op-ed piece published in the Guardian on Thursday writes: "Government and industry have betrayed the internet, and us. By subverting the internet at every level to make it a vast, multi-layered and robust surveillance platform, the NSA has undermined a fundamental social contract..." more

Time for Outrage! (continued)

When the scale of global surveillance carried out by the NSA (USA) and by the GCHQ (UK) was exposed by Edward Snowden through The Guardian, people around the world were shocked to discover how two established democracies routinely resort to methods that they have long deplored -- and rightly so -- in dictatorships, theocracies and other single-party arrangements. In a previous article, I lamented the fact that by carrying out this surveillance on an unprecedented scale, the US and the UK are, in fact, converging with the very regimes they criticize. more

ICANN Must Now Decide String Similarity Question

Yesterday, a decision on a string confusion objection was reached by a dispute resolution provider that resulted in a scenario that ICANN and the Applicant Guidebook had not addressed - conflicting opinions have been rendered by expert panelists ruling on the exact same pair of strings. One of our applications now hangs in the balance. The expert panelist for the International Centre for Dispute Resolution (ICDR) assigned to decide the string confusion objection filed by VeriSign against United TLD's .CAM application, issued a decision sustaining VeriSign's objection that .CAM and .COM are confusingly similar. more

ICANN 47: Policy Debates and Cautious Optimism

A strange feeling came over me after I got home from ICANN 47 in Durban, something I haven't felt after an ICANN meeting before. The feeling? Optimism. I'm optimistic, albeit cautiously so, about the future of ICANN and by extension, hopefully that of Internet governance in general. If the meeting in Durban is any indication, we've come a long way in the past year. There were no indicted war criminals invited to dinner. And though it may be too soon to say for sure, I don't think a letter will be sent to the government of South Africa about the quality of the hotel. more

Voluntary Initiatives As a Source of Policy-Making on the Internet

For many years, I have observed that the Internet is adopting many self-regulation frameworks to address a variety of issues. Indeed the Internet has benefited from self-regulation as an efficient way to address jurisdictional conflicts -- particularly as compared to traditional law making. Since the Internet is global, jurisdiction is often the most difficult policy issue to address. To this end, voluntary initiatives are becoming increasingly popular in the digital space due to their ability to address dynamically issues related to the Internet. more

ICANN Mission Creep is Becoming Mission Leap

Under the leadership of Fadi Chehade and Steve Crocker, ICANN finally runs like an organization that has grown up. When it comes to process, accountability, and transparency, this is excellent news for the Internet. But it also raises a new question: how far will we let ICANN grow "out" of the limited technical mission for which it was created? In his opening remarks here in Durban, Chehade announced the expansion of local engagement centers and significant expansion of ICANN staff - for the second straight year. more

Renowned Security Expert Bruce Schneier Joins EFF Board of Directors

Schneier's insight is considered particularly important according to EFF, as more and more is learnt "about the unconstitutional surveillance programs from the National Security Agency and the depth and breadth of data the NSA is collecting on the public." more

ICANN at the Inflection Point: Implications and Effects Of the GAC Beijing Communique

Although this article was first published just a few days ago, on May 8th, there have been several important intervening developments. First, on May 10th ICANN released a News Alert on "NGPC Progress on GAC Advice" that provides a timetable for how the New gTLD program Committee will deal with the GAC Communique. Of particular note is that, as the last action in an initial phase consisting of "actions for soliciting input from Applicants and from the Community', the NGPC will begin to "Review and consider Applicant responses to GAC Advice and Public Comments on how Board should respond to GAC Advice... more

New Registry Agreement, All Good?

In the run-up to the launch of new gTLDs, ICANN has been negotiating both of its main supplier contracts. The registrar contract (Registrar Accreditation Agreement or RAA) negotiations are now all but complete. A new contract draft has been posted for public comment and it now seems likely that in little over a month, this will become the official new 2013 RAA. more

ICANN’s NomCom 2-Stage (R)evolution

ICANN's Nominating Committee (NomCom) is both a strange animal and a precious resource. Having a committee charged with first recruiting, then selecting suitable candidates to hold key positions within ICANN is something that is often little, or even mis, understood. Within the ICANN community itself. By the very nature of its recruitment role, the NomCom has to remain secretive. About who the candidates are, at any rate. But that doesn't mean the rest of the NomCom's processes must remain so. more

Booksellers Weigh In On Amazon’s New TLDs

Some pretty big companies are beginning to show an active interest in ICANN's new TLD project. The most recent of them is bookseller Barnes & Noble. The letter, which is available both on the ICANN website, is quite narrow and pointed in its scope and focusses on the perceived competition issues with Amazon's bids for several "closed generics". more

Thinking Carefully About New gTLD Objections: Community (3 of 4)

My third installment regarding gTLD objections - and understanding exactly what's required for an objector to prevail - moves to the more complex community-based objections. For those getting their first exposure to this unwieldy beast, pull up a chair and get comfortable. The community objection involves multifaceted elements, each having its own set of defining factors and often using similar terminology in different contexts. As such, it can be very confusing and one can easily lose track of the bigger picture. more