Policy & Regulation

Policy & Regulation / Most Commented

MegaBust’s MegaQuestions Cloud the Net’s Future

Mid-January 2012 marked a major inflection point for digital copyright policy in the United States... Yet no one involved with Congressional interaction on either side of the issue believes it has been sidetracked for long, and "Hollywood" and "Silicon Valley" are both plotting their next moves in this high-stakes game to further define the responsibilities and potential liabilities... The resolution of this dispute will determine the ability of Internet services to move to "the cloud"... more

Is ICANN Opening up Public Comment Periods in Bad Faith?

I read with interest that ICANN opened up yet another comment period on new TLDs. I believe that I speak for many when I question whether ICANN is opening up these comment periods in good faith, or instead whether these are smokescreens, mere distractions to pretend that ICANN is "listening" to the public while staff and insiders proceed with predetermined outcomes. more

DNS Policy is Hop by Hop; DNS Security is End to End

The debate continues as to whether ISP's can effectively filter DNS results in order to protect brand and copyright holders from online infringement. It's noteworthy that there is no argument as to whether these rights holders and their properties deserve protection - nobody is saying "content wants to be free" and there is general agreement that it is harder to protect rights in the Internet era where perfect copies of can be made and distributed instantaneously. What we're debating now is just whether controlling DNS at the ISP level would work at all and whether the attempt to insert such controls would damage Secure DNS (sometimes called DNSSEC). more

TLD Expansion: ICANN Must Not Back Down

ICANN's plan to open up the domain name space to new top level domains is scheduled to begin January 12, 2012. This long overdue implementation is the result of an open process that began in 2006. It would, in fact, be more realistic to say that the decision has been in the works 15 years; i.e., since early 1997. That is when demand for new top-level domain names, and the need for other policy decisions regarding the coordination of the domain name system, made it clear that a new institutional framework had to be created. more

Emerging Markets Tech Watch 2012

2011 has been a significant year for the technology sector globally. Information technology is touching more people in more ways than ever before. Developed markets will be considering a 2012 in which business innovation, competitiveness, and service differentiation are built on ubiquitous broadband, cloud computing, smarter mobile computing, and an increasing plethora of Internet-connected devices. By contrast, securing the technology future for developing markets demands that attention be placed on more fundamental issues. more

ICANN Pressured to Reserve Names: “We don’t accept any more reservations!”

It is not a secret that I have been (and I continue to be) against the requests made to ICANN by the International Olympic Committee (IOC) and the Red Cross for special protection of their names and their variations. I am mainly against it because of the problems associated with these types of protection, the potential implications they may have and the fact that any attempt to reserve any names in the Domain Name Space will set a very bad precedent that will be detrimental to the whole new gTLDs experience. Well, the effect of this precedent is right upon us... more

Providing Persistent Domain Names Under .ARPA

Some domains are too big to fail. Quite apart from the obvious ones like google.com and facebook.com, upon whose availability our everyday lives depends, there are many others upon which the infrastructure of the Internet (and much of the modern world itself) depends. These are domains like w3.org and ietf.org, which host the technical specifications which describe the World Wide Web and the Internet themselves. more

Fear of New gTLD Monopolies Is Overblown

You should not worry too much if some of the new generic Top-Level Domain names (gTLDs) become monopolies. ICANN and the registries won't charge monopoly prices as long as they have to worry about the government stepping in. Monopolies normally present two problems for consumers: restricted output and higher prices. In the case of the new gTLDs, restricted output is caused only by ICANN's monopoly over approving gTLD applications. more

European Commission in Favour of New IANA Contract - Disapproves of US Only Bidding Process

In a move that shouldn't come as a surprise to anyone, the EU Commission has given a rather mixed welcome to the IANA bid. While they obviously like a lot of what they are seeing, they're also not overly impressed with the contract only being open to US companies. more

The Introduction of New Domain Name Services: “Due Process” and Innovation

For those interested in encouraging innovation in the domain name space -- which presumably includes the ICANN community currently convening in Dakar -- the recent episode in which VeriSign proposed, and then quickly withdrew, a bundle of new services (the VeriSign anti-abuse domain use policy) raises important issues that will be revisited as new gTLDs are introduced. Some of those issues are referenced in a recent blog post by Milton Mueller, but his emphasis on "due process" suggests a regulatory framework that is not friendly to innovation. more

A Month in Africa Charts the Promise and Perils of Internet Governance

There may be no better illustration of how far we've come in Internet governance, than this: twice in the past 30 days, the global Internet community has gathered in sub-Saharan Africa to plot a path to bring the Internet to its next billion users. Just weeks after wrapping up the sixth annual Internet Governance Forum (IGF) in Kenya, Internet stakeholders from around the world traveled back to Africa for ICANN's 42nd meeting in Dakar, Senegal. more

Protecting Intellectual Property is Good; Mandatory DNS Filtering is Bad

It has been about six months since I got together with four of my friends from the DNS world and we co-authored a white paper which explains the technical problems with mandated DNS filtering. The legislation we were responding to was S. 968, also called the PROTECT-IP act, which was introduced this year in the U. S. Senate. By all accounts we can expect a similar U. S. House of Representatives bill soon, so we've written a letter to both the House and Senate, renewing and updating our concerns. more

Google Finds Nothing is Shovel Ready, Not Even for Free Fiber Build

Google is deploying fiber at its own expense in Kansas City, Kansas and Kansas City, Missouri to demonstrate the value of one gigabit (a gigabit is a billion bits -- a lot) per second residential Internet connections and perhaps to show at&t and Verizon and the cable companies how the search giant might fight back if its growth is restricted by their restrictions or limitations. ... Whoops. Google just learned the same lesson that President Obama learned in Stimulus 1 more

Censorship, Email and Politics

Spamfiltering blocks email. This is something we all know and understand. For most people, that is everyone who doesn't manage an email server or work in the delivery field or create spamfilters, filtering is a totally unseen process. The only time the average person notices filters is when they break. The breakage could be blocking mail they shouldn't, or not blocking mail they should. more

The US DOJ Rogue Internet Pharmacy Settlement: Implications for Registrars

In the wake of Google's settlement with the Department of Justice for permitting advertising by illegal online pharmacies, what are the legal implications for Domain Name Registrars and ISPs in the US and elsewhere? In short, if you're a Registrar or ISP, it's a new ballgame. Here's why it's critical for you to steer clear of criminal and civil liability by making sure your registration services aren't used by rogue online pharmacy criminals. (And, here's how to do it.) more