It is now out -- all 539 pages entitled "Declaratory Ruling, Report and Order, and Order" (Reversal Order). As someone who has dealt with this subject matter at a working level over the past 40+ years, it seems clear that the FCC will readily prevail here and the protagonists need to move on. (Admittedly that is wishful thinking given the appellate revenue to be made and press blather opportunities.) The document from a Federal Administrative Law perspective is very thorough and well-crafted. more
ICANN oversees the creation of many contracts. Its highest paid contractor has historically been the law firm of Jones Day, and of course ICANN has many lawyers on staff. In the past I've identified loopholes in proposed contracts, and those were corrected before they were exploited. However, are there other loopholes sitting in existing contracts waiting to be exploited, or ambiguities with major financial consequences depending on their interpretation? more
The time was - way back around the turn of the century - when all Internet companies believed that the Internet should be free from government regulation. I lobbied along with Google and Amazon to that end (there were no Twitter and Facebook then); we were successful over the objection of traditional telcos who wanted the protection of regulation. The FCC under both Democrats and Republicans agreed to forbear from regulating the Internet the way they regulate the telephone network; the Internet flourished, to put it mildly. more
The ICANN Board will soon make many decisions, one of which is to decide whether to continue or reverse ICANN's longstanding policy of vertical separation of registries and registrars. Since new Top-Level Domains (TLDs) are supposed to benefit registrants with lower prices, choice and what we trust will be a decision for 'market-differentiated' competition, the Board will no doubt consider market forces as well as compliance and enforcement issues in choosing the path that can maximize these goals. more
It didn't take long for criticism of the Verizon/Google net neutrality proposal to start pouring in. "nterest groups, bloggers, and even Google fanboys [have started] discrediting the plan" according to one trade publication. Although most of the commentary simply echoes various groups' long-held positions, the Electronic Frontier Foundation, the nation's foremost cyber-rights watchdog, provided a crucial insight about the plan that goes to the core of the net neutrality issue. more
MIT released a comical study in May of 2020 on the historical innovation accomplishments, and the potential logistical endeavors brought to light by the beleaguered United States Postal Service. The apparent scholarly article cited several technological implementations and employee empowered frameworks that could define the USPS's plight over the next five years. These frameworks, through FY2025, mention a postal-banking initiative and two AI autonomous vehicles initiatives. more
For many years the consuming topic in DNS circles was that of the names themselves. If you wind the clock back twenty years or so, you will find much discussion about the nature of the Internet's namespace. Why were there both generic top-level labels and two-letter country codes? If we were going to persist with these extra-territorial generic country codes in the namespace, then how many should there be? Who could or should manage them? And so on. more
After the Brexit vote, I wrote that there could be an impact on EU registrants based in the UK. Over the past year, the UK government has been engaged in negotiations with the EU to navigate the application of Article 50 and the UK's exit from the European Union. While there has been a lot of focus on issues like the customs union and the border between Ireland and Northern Ireland, the eventual departure of the UK from the EU will have a tangible impact on the European digital economy. more
Last month, in a much heralded international event, the agreement that ICANN held with the United States Department of Commerce was permitted to lapse and so ICANN became an independent manager of the Internet's addressing system. While some argued that the organization was not "ready" for the transition, the majority of ICANN's multi-stakeholder community, including Afilias, agreed that sufficient accountability measures were in place to ensure that ICANN remains a responsible (and responsive) international organization. more
UK Government says internet providers will be legally required to meet user requests for speeds of at least 10Mbps starting in 2020. more
At the IGF2010 in Vilnius, two folk are floating a trial balloon about separating the allocation function from the registry services function. Currently, these functions are seen as indivisible by the Internet addressing community. In other words, one gets an allocation or assignment from a RIR and the RIR adds the assignment to their database... The question being asked is "Is it time for a split between allocation and services for Internet number resources as was the case for domain name resources?" My answer is no more
Though I have been critical of some of ICANN's shortcomings, I remain a strong supporter of ICANN's role as a private sector-led, multi-stakeholder global regulator for the Internet's core addressing systems. My recent blog post about my concerns with the communications processes relating to the addition of the first Arabic script IDN ccTLDs has been quoted in an ITU Staff Paper prepared for the ITU Council Working Group on the World Summit on the Information Society, to be held in Geneva tomorrow. This document seems to suggest... more
A series of recent applications for national trademark rights in terms that correspond to likely strings for new top-level domain names, or TLDs, (e.g., ".BLOG") highlight just one way in which ICANN's new generic TLD (gTLD) application process is likely to be "gamed." But it is also a strategy to which some trademark holders may feel compelled to resort to defend their rights to that string. Unfortunately, it does not appear that ICANN is addressing these important public policy considerations. more
On August 16, 2022, UN Secretary-General Antonio Guterres nominated ten high-level and eminent persons to serve in a new IGF Leadership Panel (ILP). The ILP includes luminaries like Vint Cerf, the father of the Internet, Tomas Hendrik Ilves, the former president of Estonia, and Maria Ressa, the Philippine woman who won the Nobel Peace Prize in 2021. It is an interesting mix of "usual suspects" and "fresh blood." more
The one-page link shortening service provider, vb.ly, has been seized with no apparent warning by the Libyan government which manages the ".ly" county code Top-Level Domain (ccTLD). According to reports, Nic.ly, the registry operator of the ccTLD in Libya informed the user of the domain that the content of its website was considered offensive, obscene and illegal by the Libyan Islamic Sharia Law and therefore revoked. more
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