Policy & Regulation

The Fight Is on to Save Access to WHOIS: A Call to Action for Brand Owners

Late last week, ICANN published the guidance from the Article 29 Working Party (WP29) that we have been waiting for. Predictably, WP29 took a privacy maximalist approach to the question of how Europe's General Data Protection Regulation (GDPR) applies to WHOIS, a tool widely used by cybersecurity professionals, businesses, intellectual property owners, consumer protection agencies and others to facilitate a safer and more secure internet.  more

Extraterritoriality

Black's Law Dictionary defines it as "the extraterritorial operation of laws; that is, their operation upon persons, rights or jural relations, existing beyond the limits of the enacting state, but still amenable to its laws. The term is used to indicate jurisdiction exercised by a nation in other countries, by treaty..." Extraterritoriality is also the most significant emerging development today in the law shaping virtual network architectures and services that includes OTT and NFV-SDN. more

Refutation of the Worst IANA Transition FUD

Of all the patently false and ridiculous articles written this month about the obscure IANA transition which has become an issue of leverage in the partisan debate over funding the USG via a Continuing Resolution, this nonsense by Theresa Payton is the most egregiously false and outlandish. As such, it demands a critical, nearly line by line response. more

Out of .Africa - Process Failures Don’t Change the Facts

I've heard a lot of discussion of the .africa controversy of late -- from conspiracy theories to questions about staff competence to concerns about the role of the GAC. And it's hard not to find faults galore in the way this process and the IRP reporting has played out. But before we get too lost in the weeds of procedure or the future of ICANN, lets not lose track of what this debate was first and still is fundamentally about: a string. more

Beyond Neutrality - Enabling a World of Connected Things

The growing interest in the "Internet of Things" is forcing us to think beyond the web to a much larger world of connected devices. We can tolerate the many barriers to connectivity because we expect that someone can provide the necessary credentials to log in to the providers' services and to adjust Wi-Fi access keys whenever the access point changes or simply to click "agree" at a hotspot. This doesn't work for "things" which can't recognize a sign-on or "agree screen". more

Whose Customers Are Those Typing Brand Names in the Browser’s Address Bar?

Fourteen years ago, we had so much hope at the start of a new century. We thought the global economy was going to improve a lot because of the emerging Internet technologies. But where are we today? What has happened in the last 14 years? We know that even advanced countries are suffering from economic difficulties today. What happened to these advanced countries with high speed Internet? more

Plumbing Neutrality

I've been having arguments about Network Neutrality with a lawyer. My position is that you can't adequately regulate ISPs to be neutral, because there's no agreement what "neutral" means in practice. He points out that the courts aren't interested in technical details like what packets are dropped, it's that all traffic has to be treated the same, and ISPs should just figure out how to do that. So I contemplated a city with Plumbing Neutrality with the simple rule that all people must be treated the same... more

Avoiding an ICANN Monopoly on Policy

With all the focus in the TLD world on the imminent arrival of more than a thousand new TLDs and the still unfinished discussions within ICANN on what policy framework those TLDs will need to follow, it is often forgotten that there are hundreds of other TLD policy frameworks that are mature, stable and well tested. These of course are the ccTLD policy frameworks that have been actively developed over 20 years. more

No Spectrum Shortage, Just an Allocation Problem

As a new study from Citi Investment Research & Analysis make clear, the US does not have a spectrum shortage. We've just allowed a relatively small number of carriers to control the spectrum. ... Perhaps if we had an effective "use it or lose it" policy in place, or a heavy tax on unused spectrum a more vibrant market for this spectrum would emerge. more

Network Neutrality in the Wireless Space

There's been a tremendous amount written about the Google-Verizon joint proposal for network neutrality regulation. Our commentary at the EFF offers some legal analysis of the good and bad in this proposal. A lot of commentary has put a big focus on the exemption for wireless networks, since many feel wireless is the real "where it's gonna be," if not the "where it's at" for the internet. more

At the ARIN Meeting

I have been attending the American Registry for Internet Numbers (ARIN) meeting in Toronto. ARIN is one of the RIRs, i.e., the Internet address registry and policy making authority for North America. Although I have observed and participated on RIR lists for some time and interacted with RIR representatives at ICANN, WSIS and IGF, this is the first time I have been able to attend a meeting. I'm glad I did. more

Comcast vs the FCC - A Reply to Susan Crawford’s Article

This is a reply to Susan Crawford's circleid article "Comcast v. FCC - "Ancillary Jurisdiction" Has to Be Ancillary to Something". I started writing a reply to her article, adding some comments I had and also reminding her that she'd predicted this herself, in an earlier circleid article, but it turned out long enough that I decided to submit it as a circleid post instead. On the whole, the facts agree with this CNET article. This court decision was correct, and expected... more

What’s Driving Spam and Domain Fraud? Illicit Drug Traffic

Spam is not about who sent it, it's about who benefits from it. For a moment forget everything you know about filters, zombie PCs, firewalls, spoofing, viruses, beisyan algorithms, header forgery, botnets, or blacklists. These are all methods for sending spam or preventing spam delivery. None of these explain why spam is sent and for far too long all the attention has been paid to the effects and not the driving force. Under the endless onslaught of junk mail it is easy to feel that the goal of the game is send spam and annoy us all. more

To What Extent Will the US Broadband Stimulus Package Provide a… Stimulus?

The story of America's lacklustre broadband performance is relatively well known. Part of that story relates to its low broadband penetration levels when compared with other developed economies... Another aspect of the story relates to broadband speeds... in terms of broadband technology levels, the USA still trails behind leading countries such as Japan and Korea, and some European countries such as France and Italy, by a full generation. more

ICANN Should Pay Even More and Increase Its Spending Several Fold

Where does this idea that the employees of all non-profit organizations alike shall lead a public-transportation lifestyle come from? ICANN's monetary resources do not come from war widows and pensioners, for ICANN to feel guilty about every penny that it spends on administration. Nor does its resources, wherever they come from, are any that are earmarked to be spent on famine relief or on basic health care for the most unfortunate. more