Policy & Regulation

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Human Network, Human Challenges

It has now been about eight months since I joined the Internet Society as the Director of Deployment & Operationalization and I still get asked on a fairly regular basis "what do you do?" Well, with ISOC's Chief Internet Technology Officer Leslie Daigle's recent departure, and with my time here having exceeded both my first 120 days and my first 6 months, this seems like the right moment to reflect on my brief tenure here so far and perhaps pontificate a bit on where we're going - and why. more

ICANN: Keep the Core Neutral, Stupid

ICANN's travelling circus is meeting in San Juan, Puerto Rico this week. One of the main subjects of discussion has been the introduction of new generic Top-Level Domains (gTLDs), after a GNSO Report [PDF] proposed 19 "Recommendations" for criteria these new domain strings should meet -- including morality tests and "infringement" oppositions. ...It's important to keep ICANN from being a censor, or from straying beyond its narrow technical mandate. The thick process described in the GNSO report would be expensive, open to "hecklers' vetos," and deeply political... ICANN should aim for a "stupid core"... more

SOPA Could Shutter Registrars and other Domain Name Industry Intermediaries

The Internet Commerce Association has just sent a letter to senior members of the House Judiciary Committee regarding the likely unintended but potentially devastating impact of H.R. 3261 ("SOPA") as introduced upon ICANN-accredited registrars and other participants in the broad domain name industry, as well as upon the domain registrants who use those services. more

China Shuts Down Thousands of Websites for ‘Harmful’, Obscene Content

China has shut down or 'dealt with' thousands of websites for sharing 'harmful' erotic or obscene content since April, the state's office for combating pornography and illegal publications announced on Thursday. more

Why Overseas Registries Shouldn’t Worry About China’s New Domain Name Regulation

On March 25th, 2016, the Ministry of Industry and Information Technology (MIIT) officially posted its revisions to the "Chinese Measures for the Administration of Domain Names" (2016 edition) for public comment. A decade has gone by since the latest administration measures were introduced in 2004 (2004 edition). Registries and registrars have been longing to see this update for a while, and it is therefore no surprise that the new edition has drawn substantial attention at home and abroad. more

Washington Post: ICANN Departures After Web Suffix Vote Draws Criticism. How Damaged is ICANN?

ICANN Chairman and other departures after the board's vote to approve the New generic Top-Level Domains (gTLDs) in Singapore draw criticism, reports The Washington Post. Shortly after the vote, Peter Dengate Thrush joined a New gTLD Group which stands to greatly benefit directly from this vote on the program he led on for nearly 3 years. This appears to have caused grave damage to ICANN's credibility internationally drawing international Press and Governments criticism over conflict of interest. more

Why OIRA Needs to Coordinate Federal Cyber Security Regulation

Two quick facts about American industry's resilience against cyber-attack, (1) our critical infrastructure is inadequately protected and (2) federal regulation will be required to fix the problem, reliance on market forces alone will not be sufficient irrespective of whether or not Sony Pictures survives. Although regulation is needed, it needs to be coordinated and, above all, cost-effective. Which agency is charge of regulating cybersecurity? Right now, it's a free for all with agencies staking out turf and claims of authority. more

New TLD Vertical Integration, Market Forces and the Path of Least Compliance

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

Thoughts on the Open Internet - Part 6: Final Thoughts

Today we just don't have an "Open" Internet. The massive proliferation of network-based middleware has resulted in an internet that has few remaining open apertures. Most of the time the packet you send is not precisely the packet I receive, and all too often if you deviate from a very narrowly set of technical constraints within this packet, then the packet you send is the packet I will never receive. more

Another Year, Another ICANN NomCom

Another challenging year due to the Corona pandemic is coming to a close, and ICANN has held another virtual annual general meeting (AGM) -- the 6th in a row. Unlike last year, today, we can hope for a better next year. In many regions of the world, the figures look better, and the opening is progressing. That at least gives us hope that ICANN will hold face-to-face meetings again next year -- at least they are planning it so. That should also make it easier for the new Nominating Committee (NomCom). more

WCIT’s Security Issues

Another contentious issue at the WCIT in Dubai is 'security'. There has been a dramatic increase in nervousness regarding a whole range of security issues, especially in relation to the internet. They include: SPAM, denial-of-service-attacks, identity theft, cybercrime, cyberwarfare, and privacy issues on social media. From the list above it is clear that some of these issues are related to content, while some can be classified as national security and others as criminal offences. In other words, there is no clear-cut issue on what constitutes security. more

Broadband - The American Way

There have been some interesting discussions recently regarding the status of broadband in the USA. On the one hand there are those who maintain that most people have access to high-speed networks, in particular HFC services based on the DOCSIS 3.0 standard. Theoretically, the standard can deliver speeds of 100Mb/s, or higher, but in practice most customers subscribe to, or have access to, far lower speeds. more

Internet as Non-Kinetic WMD

With each passing day, a new public opinion article appears or U.S. government official pronounces how the open internet is abetting some discovered catastrophic effects on our societal institutions. In just one week, the examples include increased information on FSB & GRU attacks on electoral systems and infrastructure, Trump's obliging tactical destruction of societal norms and propagation of the QAnon cult, U.S government agency officials playing "cyber security spin-the-bottle" at press conferences... more

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

Amazon Gets FCC Approval to Deploy Its Project Kuiper Broadband Satellites

Today, the FCC has sided with Amazon in a regulatory battle over Project Kuiper, the company's satellite internet system. Despite objections from rival SpaceX, the commission has approved Amazon's plan to prevent the upcoming satellite internet constellation from causing orbital debris in space. more