Policy & Regulation

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If WHOIS Privacy is a Good Idea, Why is it Going Nowhere?

ICANN has been wrangling about WHOIS privacy for years. Last week, yet another WHOIS working group ended without making any progress. What's the problem? Actually, there are two: one is that WHOIS privacy is not necessarily all it's cracked up to be, and the other is that so far, nothing in the debate has given any of the parties any incentive to come to agreement. The current ICANN rules for WHOIS say, approximately, that each time you register a domain in a gTLD (the domains that ICANN manages), you are supposed to provide contact information... WHOIS data is public, and despite unenforceable rules to the contrary, it is routinely scraped... more

Removing Need at RIPE

I recently attended RIPE 66 where Tore Anderson presented his suggested policy change 2013-03, "No Need -- Post-Depletion Reality Adjustment and Cleanup." In his presentation, Tore suggested that this policy proposal was primarily aimed at removing the requirement to complete the form(s) used to document need. There was a significant amount of discussion around bureaucracy, convenience, and "liking" (or not) the process of demonstrating need. Laziness has never been a compelling argument for me and this is no exception. more

Public Policy Questions for Internet

There is little doubt that the Internet has formed part of the impetus for a revolutionary change in the nature of the global communications industry. "Revolutionary" in the sense that the past decade has seen fundamental and highly disruptive changes in the nature of the underlying technologies used by the industry, changes in the composition, ownership and role of industry players, changes in the nature of services offered to the end consumer, changes in the associated financial models used by the industry, and changes in the regulatory environments in which this industry operates. Considering that this industry was, in the latter half of the twentieth century, one of the largest and most influential industry sectors on a global basis, these revolutionary changes will doubtless have consequences that will echo onward for some time yet. more

Canada’s Anti-spam Bill C-28 is the Law of the Land

It's been a long time coming, but Canada has an anti-spam law, and one, which sets a new world standard, and a tough, but fair, opt-in protocol for everyone in North America who sends commercial email and other electronic messages. Yesterday, The Canadian Senate voted to accept Bill C-28, and today, December 15, at 13:00 eastern, it will be given Royal Asset of the Governor General of Canada, His Excellency the Right Honourable David Johnston. more

Problems With Defining Jurisdiction on the Internet

The term "jurisdiction" has various definitions in law, but for our purposes here we can say it is the power of some legal body to exercise its authority over a person or subject matter or territory. In the Internet today, it is territory that gives rise to many major issues. As in real estate, what matters in jurisdiction is "location, location, location". When the Internet and trademark rights began to intersect, it quickly became apparent that traditional concepts of the jurisdiction of courts and legislatures would be seriously strained by situations where a registrant in one country could use a registrar in a second country to register a domain name in yet a third country. more

Internet Governance Outlook 2020: The Next Generation of Players and Problems Is Coming

The beginning of a new decade is always an invitation to have a broader look into the future. What, in the next ten years, will happen in the Internet Governance Ecosystem? Will the 2020s see the usual swinging pendulum between more liberal and more restrictive Internet policies in an interconnected world? Or will we move towards a watershed? more

Internet Governance Outlook 2016: Cooperation & Confrontation

In 2015 we saw many agreements on Internet Governance. 193 Governments agreed in the UN General Assembly on the WSIS 10+ Outcome Document. They agreed to extend the mandate of the IGF for ten years. They agreed to strengthen the multistakeholder approach. And they agreed to make more efforts to bring the next billion users online until 2020. The UN Group of Governmental Experts (GGE) agreed on a number of confidence building measures to strengthen cybersecurity. more

CENTR Publishes Comment on the European Commission’s DNS Abuse Study

CENTR, which represents European national top-level domain name registries (ccTLDs) such as .si or .eu, has published its comments on the European Commission's DNS abuse study, calling out some of the "misleading analysis and unfortunate conclusions in the study." more

Internet Governance Outlook 2021: Digital Cacaphony in a Splintering Cyberspace

In 2020, the pandemic accelerated digitalization around the globe. Homeoffice, Online Shopping, Zoom Conferences became part of the daily life for billions of people. But if somebody would have expected that the Covid-19-Desaster is a wake-up call for the world to be more united, work hand in hand, and pool resources reducing risks of a borderless threat, this "somebody" was wrong. 2020 was dominated by "My country first." more

Freedom of Expression Part 5: COVID Vaccines not Mandatory

In Part 4 of the Freedom of Expression series, I had highlighted my concerns about the lack of transparency in ingredients of all the COVID-19 vaccines, which has been addressed by Council of Europe's Parliamentary Assembly, the same day (World Holocaust Day) I had raised these concerns. A recent Resolution by the Parliamentary Assembly of the Council of Europe will see the further regulation of social media on content relating to COVID-19. more

More on WHOIS Privacy

Last week I wrote a note the ICANN WHOIS privacy battle, and why nothing's likely to change any time soon. Like many of my articles, it is mirrored at CircleID, where some of the commenters missed the point. One person noted that info about car registrations, to which I roughly likened WHOIS, are usually available only to law enforcement, and that corporations can often be registered in the name of a proxy, so why can't WHOIS do the same thing? more

ICANN, WSIS and the Making of a Global Civil Society - Part II

This is the second part of a two-part series interview by Geert Lovink with Milton Mueller discussing ICANN, World Summit on the Information Society, and the escalating debates over Internet Governance. Read the first part of this Interview here. Geert Lovink: "Confronted with Internet governance many cyber activists find themselves in a catch 22 situation. On the one hand they do not trust government bureaucrats to run the Internet, out of a justified fear that regulation through multilateral negotiations might lead to censorship and stifle innovation. On the other hand they criticize the corporate agendas of the engineering class that is anything but representative. What models should activists propose in the light of the World Summit on the Information Society (WSIS)? There seems to be no way back to a nation state 'federalist' solution. Should they buy into the 'global civil society' solution?" more

ICANN and Your Internet Abuse

In spite of the material we were presented with in Durban something has gone very wrong inside of ICANN Compliance. KnujOn has published a report which demonstrates that ICANN Compliance appears to completely collapse between September 2012 and December 2012. Following December 2012, ICANN seems to stop responding to or processing any complaints. It is around this time certain compliance employees start disappearing. This was not limited to the Sydney office as some would have us believe... more

Kidnapping, Theft and Rape Are Not “Cyber” Crimes

Kidnap. Rape. There are no lesser words that can be used to describe what happened to the daughter of an anti-spam investigator in Russia. His daughter was recently released, according to Joseph Menn's recent article on Boing Boin, after having been kidnapped from her home five years ago, fed drugs, and made to service men, as a warning to ward off further investigations. The criminals behind these vicious acts were also responsible for large spamming organization associated with Russian Mob activity. more

“No Legal Basis for IANA Transition”: A Post-Mortem Analysis of Senate Committee Hearing

The recent hearing conducted by the US Senate Committee on Commerce, Science & Transportation on 'Preserving the Multi-stakeholder Model of Internet Governance' again showed that the Republican-controlled US Congress needs to act decisively to protect the status quo. The Senator Thune-led Committee convened the hearing on 25th February to look into the 'IANA Transition' and assess the level of preparedness of the non-governmental agencies that are handling the Internet Technical Management functions... more