ICANN has opened a comment period in relation to whois conflicts with local law / data privacy law. Of course anytime ICANN, or anyone else, tries to make any changes to whois policy there are issues. Whois is, for a variety of reasons, an emotive subject... under EU law many feel that registration details for domain name registrants need to be handled in a manner that is more compatible with the EU Directives and local law more
There is an urgent need to clarify the GDPR's territorial scope. Of the many changes the GDPR will usher in this May, the expansion of EU privacy law's territorial scope is one of the most important. The GDPR provides for broad application of its provisions both within the EU and globally. But the fact that the GDPR has a broad territorial scope does not mean that every company, or all data processing activities, are subject to it. more
The Association of National Advertisers (ANA) has shifted its campaign against ICANN's new gTLD program to YouTube with a video from its President accusing the organization of "lying" about having reached a consensus over its plans, reports Kieren McCarthy at .Nxt. "The video ends with a dramatic statement, clearly devised to produce stories such as this one: 'So we'd like to say to ICANN: your claim for consensus it wrong, it is false, it is a lie." 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
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
Our world finds itself at a critical juncture. Both trillions of dollars and the future of human communications including fundamental access to it are at stake. For telecom operators and media outlets there is not a migratory way from where we are to the future. There is a clear consumer shift underway that runs in the opposite direction to that of telecom and media incumbents; emergent social practice is increasingly clashing with the very structure and desires of incumbent players... It was for these reasons that one of the six keynote speakers invited to Spring 2009 Emerging Communications Conference (eComm) in San Francisco was Richard Whitt, Google's Washington Telecom and Media Counsel. His keynote was entitled, Tinkering without Tampering: Wrestling with Convergence and Communications Policy... more
ICANN agrees to remove price caps on .org domain names in the new agreement with the operator of the top-level domain, Public Interest Registry (PIR). The decision follows controversies around the move, which included objections from registrants, non-profit entities, charities, religious organizations and others. more
In a special White House event today, President Trump along with FCC chair Ajit Pai, announced a major push towards 5G deployment as part of the "5G Fast Plan" initiative. more
Hawaii Telcom, the incumbent local exchange telephone company, has filed for bankruptcy protection. Press accounts attribute this outcome to increased competition, the company's struggle to finance capital spending while making debt payments, a significant downturn in the economy, as well as the difficulties in the transition following the leveraged buyout of the company from Verizon Communications Inc. I have a few other bogus and credible explanations that may offer greater insights. more
The cybersecurity debate can be highly confusing at times. There is perhaps an analogy to be made between "Cybersecurity" and "The Economy". We all want to fix the economy but making progress is not an easy task. As soon as you are beyond that statement you notice that there is a lot of nuance. Issues like trust, influence, actors, and affectivity all come to play when you want to fix the Economy. The cybersecurity discourse has similar features. more
The McCain technology plan is finally out. As expected, it's light on what most of us understand as "technology policy." There are many platitudes about the glories of lower taxes and private investment, but little understanding of just how profoundly communications and information technologies are changing our world. The good news, I suppose, is that McCain is finally talking about technology issues which he resolutely ignored for most of the campaign, and which his advisors dismissed as not worthy of Presidential attention. more
The fact that businesses around the world are knocking on the doors of their governments asking for spectrum is a clear indication that this telco real estate market is hotting up. The reason for this is not too hard to guess -- the enormous growth in the demand for mobile broadband. There is a large amount of pent-up demand as the mobile operators didn't want to open up this market while they were in the middle of adding new customers to their mobile voice services. more
On Monday the Wall Street Journal published an article alleging that Google was trying to arrange a "fast lane for its own content" with telecom carriers and contending that Google and Professor Lessig were in the midst of changing their position on network neutrality policy. The WSJ reporters received a lot of flak for the piece -justifiably so. There was no real "news" in this news article. more
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
In an important test of ICANN's primary accountability mechanism, its Independent Review Process (IRP), the organization has been handed a stinging blow over its mishandling of the bid for the new generic Top-Level Domain (gTLD) .AFRICA. At the crux of the issue are two competing applications for the .AFRICA new gTLD and the decision by ICANN's Board to abdicate its responsibility to ensure that ICANN's evaluation and subsequent rewarding of the domain was carried out fairly, transparently, and in accordance with the organization's Bylaws, Articles of Organization, and established policies. more