Policy & Regulation

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Decision Day for ICANN: The End of the Beginning, or the Beginning of the End?

I've just arrived in Singapore, where ICANN's board will almost surely vote to launch an unprecedented expansion plan for generic top-level domains (gTLDs). As the new gTLDs start lighting-up over the next two years, we'll look back on this week as the "end of the beginning" since it ended several years of planning for the actual expansion. After the vote the real work begins: evaluating applications, implementing new mechanisms, and contract compliance on a scale far greater than ICANN has ever seen. more

Loopholes and Ambiguities in Contracts that ICANN Oversees

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

Public Private Cooperation: The Zeus Take Down Example

Microsoft took down a Zeus botnet recently. Within days it was publicly accosted by Fox-IT's director Ronald Prins for obstructing ongoing investigations and having used Fox-IT's data. This was followed by the accusation that Microsoft obstructs criminal proceedings... On top of all this EU Commissioner Cecilia Malmström announced that cooperation between law enforcement and industry will be forged in the European Cyber Crime Centre as of 2013. Coincidences do not exist. Why? more

Internet and Self-Governance? An Example

At the Government Roundtable meeting in Amsterdam on 12 September RIPE NCC presented on her results on auditing Local Internet Registries (LIRs) and on the policy process concerning certification of her members. If this showed something to the world it is that cooperation with governments and law enforcement agencies (LEAs) pays off and self-governance can work. How did this come about? 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

Tom Wheeler Announces Resignation as FCC Chairman

Federal Communications Commission Chairman Tom Wheeler has announced he will leave the agency on January 20, the day of President-elect Donald Trump's inauguration. more

Top Five Recommendations for IoT Policymakers from ITAC Industry Participants

As the Department of Commerce considers a policy role for the U.S. government in the Internet of Things (IoT), the Department of State is studying a dynamic and evolving international environment around IoT, including technical, commercial, and economic issues. Governments and intergovernmental organizations across the world are waking up to the potential of IoT, and some are looking to move quickly in a nascent landscape to establish themselves as leaders for IoT globally. In the process, few are reaching out to industry. more

Google and Verizon Offer a Gift to Spammers

Earlier today, Google and Verizon offered a widely publicized "Proposal for an Open Internet." There's been extensive comment with lots of reasons not to like it, but one I haven't seen is that the proposal would make it much harder to filter so-called "mainsleaze" spam. ... The problem is that under the pitifully weak CAN-SPAM law, a lot of spam is entirely legal. more

Who Pays When .Org Prices Rise?

When .org prices rise, who suffers – nonprofits or speculators? Will Ethos Capital raise prices more aggressively than ISOC would? Vint Cerf attributed concerns about higher prices to speculators: "Of course, companies that hold domain names in the tens of thousands for speculative purposes might find such increases more troubling, but I don't have much sympathy for that business model in the context of the organizations the .org brand is intended to serve." more

Obama’s Broadband Plan Will Fail

We stand by our analysis from March 2010, in which we indicated that a national wireless broadband plan remains a second-class option as the infrastructure for the emerging digital economy in America. In his State of the Union address President Obama set the goal of enabling businesses to provide high-speed wireless services to at least 98% of all Americans within five years. To pay for this the government hopes to raise nearly $28 billion from spectrum auctions. 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

Stress Test: Accountability Reconsideration Request Filed with ICANN Board

In a rapid follow-up to the unprecedented joint letter sent on August 26th by all members of the ICANN community questioning the proposed Accountability Process imposed by ICANN staff, three of the groups that signed that letter have now submitted a formal Reconsideration Request (RR) to the ICANN Board. The August 29th RR -- submitted jointly by the Business Constituency, Registry Stakeholders Group, and Non-Commercial Stakeholders group -- requests that ICANN "confer with the community as soon as possible to address these concerns and amend its plan in such a way that the community input is taken into account as the plan goes forward.  more

Google Now a Target for Regulation

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

More on Networks and Nationalization With Respect to Cyberwar

As a follow up to Susan Brenner's Networks and Nationalization and my comment there, I will go further in this post and talk about the "cyberwar" and "offense" aspects of her article. I think I made this point elsewhere as well... but before getting into a war, it'd be a brilliant idea to actually know that you can win. Cyberwarfare is the sort of game where you don't really need to be a huge government with the largest standing army in the world and sophisticated weaponry in order to win... 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