Policy & Regulation

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The EPDP on Generic Top-Level Domain Registration Data: Phase 1 Down, Phase 2 To Go

The ICANN community recently gathered in Kobe, Japan for its first meeting of the year and it was certainly a busy week for attendees. Much of the meeting centered around the work of the Expedited Policy Development Process (EPDP) to address gTLD registration data. As a member of the EPDP team, we had been hard at work since being formed in August of 2018. Just prior to the Kobe meeting, we published the phase 1 Final Report. more

All New gTLD Registrations Should Be Subject to Sunrise Periods - Even Reserved Names

Planning to register your trademark as a domain name during a Sunrise Period only to find out that the registration appears on a Reserved Names list? There are a number of reasons why a domain that matches your trademark is appearing on a Reserved Names list. First of all, if the domain desired is the subject of Name Collision, it may appear on a Reserved Names list. Although this is not true for all registries, as some operators are allowing domains that have been the subject of Name Collision to be allocated during Sunrise, but not delegated. more

Keep Politics Out of 5G International Standardization

For the past hundred years or so, the world's vendors of communication networks and services have collaborated -- largely among themselves -- with great success. That paradigm continues today for 5G with the 3rd Generation Partnership Project (3GPP) and an ecosystem cluster of related organizations where industry and affected government agencies worldwide successfully work on a massive scale. more

Transfers of Domain Names Contemporaneous with Complaint: Cyberflight?

Cyberflight (defined as strategically transferring accused domain names to another registrar or registrant upon receipt of a complaint) was a sufficient irritant by 2013 for the ICANN to adopt recommendations to amend the Rules of the Uniform Domain Name Dispute Resolution Policy (UDRP). Effective July 1, 2015 the Rules now include a requirement for locking the domain as well as a change in the timing of transmitting the complaint to respondents. Before the amendment there had been no uniform approach to locking. more

Keeping Cyberspace a Public Space

I recently had an opportunity to re-read a pamphlet I wrote in 2000 for a series on new thinking about mutualism published by the Co-operative Party. In 'e-Mutualism, or the tragedy of the dot.commons' I talked at length about the co-operative basis of the Internet, the need for online public spaces which are not controlled or dominated by commercial interests, and the opportunities that the network offers for mutual organisations of all sizes, from small co-operatives to retailers like John Lewis... Re-reading it now I wasn't too embarrassed by my ten-year old analysis. more

Ladies and Gentlemen, China’s Netizen Day…

Just after the government announces a crackdown on Internet smut. Yesterday, they announced plans for "Netizen Day" on September 14th, which apparently marks 15 years since the first e-mail message was sent from China in 1987. The new celebratory day (I don't think it's an official holiday) was unveiled at an official ceremony presided over by Chinese government officials and Internet execs, many of whose companies - including Google, Sina, and Sohu, who were named in the smut crackdown just 24 hours before. more

Forward-Thinking Remedies

Just a year ago, I gave a talk at David Isenberg's 2005 Freedom to Connect conference. I said, essentially, that we should be careful in asking for regulation to protect the net, because the power to protect carries with it the power to constrain. This was a very troubling message for the audience, and the chatroom projected behind me went wild with disapproval. Since then, I've become very concerned about the concentration in broadband service provision in this country, and worried that there won't be any competition for unfettered internet access. more

Biggest Deal in Telecom Policy Since the AT&T Divestiture

The biggest communications policy moment since the AT&T divestiture has just happened: The $100 million-dollar-march (or more -- what Comcast spent to make sure this happened) has ponderously, self-evidently reached its conclusion with the FCC's approval of the merger between Comcast and NBCU. It wasn't the subtlest campaign; it didn't need to be; it was effective in its discipline and heavy persistence. The tweets are flying and the journalists are already weighing in. more

Internet Governance and the Universal Declaration of Human Rights, Part 3: Article 6-12

Internet Governance like all governance needs to be founded in guiding principles from which all policy making is derived. There are no better fundamental principles to guide our policy making than the Universal Declaration of Human Rights, (UDHR). This article is Part 3 of a series exploring the UDHR as a guide and template for the digital governance and digital citizenship. We discuss UDHR Articles 6 through 12 and address topics such as fundamental digital values, cyberlaw, policymaking and the role of tribunals in digital governance. more

The Utility Formerly Known As WHOIS

Muscle memory is a funny thing. We don't even think about it really, but when we do the same thing over and over again, it just becomes second nature to us. This is how we've come to use WHOIS over the past two decades to get contact information for registered domain names. If you wanted to see who owned a domain, you'd simply do a WHOIS search. I've probably done hundreds of thousands of them during my time in the industry. Well as of this week, a major step in the retirement of WHOIS officially took place. more

Fair Notice and Applying for a New gTLD

Applying for a new generic Top-Level Domain (gTLD) will be expensive and complex. ICANN's Applicant Guidebook comprises 350 pages of dense instructions, spelling out the procedures to apply for a gTLD and to comment or object to the gTLDs applied for by others. Hidden among the forest of criteria and procedures is a problem that, unless solved, could deny good faith applicants the fair notice they deserve. more

China Sends a Wake-Up Call to All Multinationals - Are You Awake?

If you visit Marriott's China website today, you're likely to see this (see screenshot). I dumped the text within this page into Google Translate and included below is what it loosely said. So what exactly happened here? Marriott sent a survey in Mandarin to its Chinese loyalty members that referred to Tibet, Macau, and Taiwan as "countries." As readers of this site might know quite well by now, in the eyes of Chinese authorities, this is no trivial oversight. more

LAC, the DNS, and the Importance of Comunidad

The 1st Latin American & Caribbean DNS Forum was held on 15 November 2013, before the start of the ICANN Buenos Aires meeting. Coordinated by many of the region's leading technological development and capacity building organizations, the day long event explored the opportunities and challenges for Latin America brought on by changes in the Internet landscape, including the introduction of new gTLDs such as .LAT, .NGO and others. more

The ITRs and Cybersecurity

Cybersecurity is a top-of-mind issue with calls for individual vigilance, national legislation, and international treaties to address gaps that are exploited causing significant harm and financial loss on a daily basis. The vast majority of these calls are well-intentioned though even among the best-intentioned, some are poorly directed. Such is the case with all of the proposals that would introduce security into the International Telecommunication Regulations (ITRs) of the International Telecommunication Union (ITU). more

Nothing to See Here

Three parallel events in US communications policy today, all reported on widely - but with a common thread. ... Law enforcement and national security officials want to make sure that they have the same ability to execute warrants and surveillance orders online that they had in the switched-telephone-circuit age -- which will mean substantial government design mandates for new software, hardware, and communications facilities. more