Policy & Regulation

How the Clinton “Village” Transformed Internet Paradigms: Together Making a Difference

U.S. Presidential elections and the resulting Administrations can make an enormous difference on many levels and become profound points of inflection. This reality is certainly starkly visible today. Perhaps for the Internet community as well as the general public, some of the largely unknown events and actions surrounding the Internet and the Clinton team from 25 years ago can provide a basis for engagement over the coming months. more

ICANN - Dispenser of Internet Justice

The following is a paper presented as a keynote speech at Studienkreis 2013 in Pisa, Italy last week. ICANN is beginning to look more and more like a government. It assesses taxes, it has amassed an enormous treasury, it passes laws with international effect, and it has developed an ad hoc judiciary system to enforce its laws. This paper will take a look at that judiciary system and ICANN as dispenser of Internet justice. more

The True Faith of Internet Governance: Statism Finds Its Champion

A portion of me sympathizes with Richard Hill. He argues passionately in his recent article, "The True Stakes of Internet Governance" for a statist position on Internet governance. It is hard to be an unheeded prophet; difficult to take positions that are not in the comfortable mainstream of what, as you perceive, are lemmings heading for the cliff. I know the feeling. more

Thinking Carefully About New gTLD Objections: Community (3 of 4)

My third installment regarding gTLD objections - and understanding exactly what's required for an objector to prevail - moves to the more complex community-based objections. For those getting their first exposure to this unwieldy beast, pull up a chair and get comfortable. The community objection involves multifaceted elements, each having its own set of defining factors and often using similar terminology in different contexts. As such, it can be very confusing and one can easily lose track of the bigger picture. more

The FCC Cyber Trust Label Gambit: Part II

Sixty years ago, Paul Baran and Sharla Boehm at The RAND Corporation released a seminal paper that would fundamentally reshape the cyber world forever more. Their paper, simply known as Memorandum RM -- 1303, described how specialized computers could be used to route digital communications among a distributed universe of other computers. It set the stage for a flood of endless developments that resulted in the interconnected world of everything, everywhere, all the time. more

DOTCOM Act Passes House as Rubio Leads Senate Call for IANA Oversight Hearings

The Shimkus Amendment to the $601 billion National Defense Authorization Act (HR 4435) passed the House of Representatives on May 22nd by a mostly partisan vote of 245–177. While all 228 Republicans present and voting supported the amendment only 17 Democrats voted "aye", with 177 in opposition. Final passage on the entire bill was a bipartisan vote of 325–98. The Senate has not yet passed its version of a FY 2015 Pentagon funding bill, and once it does all the differences between the two versions must be reconciled before it can be sent to President Obama for his signature. more

5G Real Security Threats Lost in Trump’s Twitter Diplomacy

A new report on 5G and geopolitics by Oxford Information Labs details the complex landscape of 5G security. Importantly, it draws out how a variety of proven technical concerns around the quality of Huawei security practices and equipment are drowned out by the US' Twitter diplomacy. Critical international dialogue on genuine cybersecurity concerns relating to 5G and Huawei are being lost in the noise of the US-China trade war. more

Afilias’ Rule Violations Continue to Delay .WEB

As I noted on May 26, the final decision issued on May 20 in the Independent Review Process (IRP) brought by Afilias against the Internet Corporation for Assigned Names and Numbers (ICANN) rejected Afilias’ petition to nullify the results of the public auction for .WEB, and it further rejected Afilias’ demand to have it be awarded .WEB (at a price substantially lower than the winning bid). Instead, as we urged, the IRP Panel determined that the ICANN Board should move forward with reviewing the objections made about .WEB, and to make a decision on delegation thereafter. more

Berners-Lee Warns Rise of Dominant Platforms has Resulted in Weaponization of the Web at Scale

The World Wide Web turned 29 today and Sir Tim Berners-Lee, web inventor, has shared some stern warnings about the direction it is headed. more

Whom Do We Regulate when the Phone Monopolies Are Gone? - Universal Access

After a more than 100 year run, the end is nigh for plain old telephone service (POTS). Through most of recent history POTS was provided by monopolies, which were regulated at both the federal and state level. The new world is much more competitive; we can talk via cell phones, computers, traditional phones hooked to a variety of devices instead of the old phone line, and a plethora of new gadgets like tablets. Voice service no longer has to be vertically integrated. more

Decoding Internet Governance Stakeholders, Part 1: Technical Community

The "Decoding Internet Governance Stakeholders" series of articles invites the community to ponder what underlies the labels that define our interactions, roughly 20 years after the "Tunis Agenda for the Information Society" called for the "full involvement of governments, business entities, civil society and intergovernmental organizations," as well as to "make full use of the expertise of the academic, scientific and technical communities." more

Surveillance Capitalist in Chief

Surveillance capitalism monetizes private data that it collects without consent of the individuals concerned, data to analyze and sell to advertisers and opinion-makers. There was always an intricate relationship between governments and surveillance capitalists. Governments have the duty to protect their citizens from the excesses of surveillance capitalism. On the other hand, governments use that data, and surveillance capitalism's services and techniques. more

EU Court of Justice Ruling Could Result in Cutting Off Data Flows to US

EU holds an eight-hour-long hearing taking an extensive look at whether US surveillance practices break European data protection laws. more

A Trebuchet Defence in the Age of the Augmented Reality Cyberwarrior

I've been ruminating on this for a while, this follow-up that was a decade in the offing. My article Trench Warfare in the Age of The Laser-Guided Missile from January 2007 did pretty good in terms of views since I wrote it. Less so in terms of how well the ideas aged or didn't, but that's the nature of the beast. Everything gets worse, and simultaneously, better, and so here we are: Using embarrassingly ancient approaches to next-generation threats. Plus ça change. more

We Are All Internet Exceptionalists Now

The Stop Online Piracy Act (SOPA) and its defeat call attention to a delicious irony in public discourse on Internet governance. Even those who don't want the Internet to be an exception from traditional forms of regulation and law are forced to admit that something new and exceptional must be done to bring it under control, such as massive departures from traditional concepts of territorially bounded sovereignty through the use of in rem jurisdiction. more