Policy & Regulation

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The Net Neutrality Reversal Order: Why the FCC Will Prevail

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

Protection of Intellectual Property: The Core of the Net Neutrality Debate

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

Enough With Blacklisting Online Pharmacies, Isn’t It Time to Consider White Lists?

Before I go back to the beginning, let me make clear that what follows are my personal observations vis-a-vis how National Association of Boards of Pharmacy (NABP) is managing the .Pharmacy Registry relative to personal experience as founder, President and CEO of Tralliance Corporation, the original manager of the .Travel Registry. My analysis may be a little long, but I promise that if you stay with me, you will be enlightened. more

European Commission Killing Off Thousands of EU Domains Due to Brexit

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

Berners-Lee Launches Global Campaign to Save the Web From Destruction

Tim Berners-Lee has called on governments, companies and individuals to back a new "Contract for the Web" that aims to protect people's rights and freedoms on the internet. more

Who Says You Can’t Have Fun at The IETF?

A new IETF draft has been published that specifies a new HTTP status code for legally restricted resources. That is, if the government restricts your access to the web page, return this code (similar to how something not found is a 404). The error code: 451. From the Internet Draft, if the user tries to access a page, but access to the page is restricted by the government, display the following... more

.WEB is ICANN’s First Test of Accountability

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

New gTLDs: Let the Gaming Begin (Part I - TLD Front Running)

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

ICANN May Not Be Perfect, But It Is Working

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

Bringing Order to Chaos

If we were to apply themes to Internet governance world, the narrative for 2014-15 is definitely 'change'. The governance ecosystem is knee deep in the IANA transition, with a few meetings and teleconferences of the IANA Transition Coordinating Group behind us, and a ramping up of activity around ICANN accountability and governance. While the IANA transition and ICANN accountability processes are being conducted in parallel and independently, it's important to note that not only are they related, they are dependent on one another. more

Digital Governance in 2023: Revisiting ‘1998 Deals’ and 12 Main Trends

At the beginning of 2023, the good news is that, in spite of all geopolitical tensions, the Internet infrastructure built around TCP/IP continues to carry emails, web pages, videos, and podcasts across the globe. Technically, the Internet remains robust. The bad news is that more and more digital borders will continue to affect the global nature of international digital communication... more

IP Address Distribution Doesn’t Fit in the Registry/Registrar Model

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

Title II Will Have Little Effect on Telecom Developments in The USA

We now know what direction the FCC will take in reorganising the American telecoms market. For many years I have mentioned the rather bizarre situation in that country wherein broadband is not seen as a telecoms service but rather as an internet service, which is itself classified as providing content. Thanks to extensive lobbying from among the telcos (who also refer to themselves as ISPs) in the early days of the internet, back in the 1990s, the FCC accepted their unbelievable proposals. As a result, over the last 20 years or so the USA's telecom market has changed from being one of the most competitive among developed economies to what it is now: a market with hardly any fixed telecoms competition at all. more

France Proposes Internet Tax - An Old War resurfacing

France is proposing an Internet Tax which was reported in the New York Times. The proposal if it follows through will affect the landscape of internet governance in days ahead. The Actual Report was commissioned by President François Hollande, which described various measures his government was taking to address what the French see as tax avoidance by Internet companies like Google, Amazon and Facebook. more

Libyan Government Seizes vb.ly Domain

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