Policy & Regulation

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

China Will Remember the U.S. Huawei War for a Generation

Only an idiot would believe that the U.S. is blocking TSMC manufacture of Huawei cell phone chips because of security fears. This is a commercial rivalry. The U.S. wants to put China's leading technology company out of business. We will fail, of course, at a price far higher than D.C. understands. The U.S. is ready for China's immediate countermeasures, even if Apple's stock price falls $hundreds of billions. But the long-run price will be devastating. more

Canadian Marketing Association Attacks Anti-Spam Bill

With the final Industry Committee review of C-27, Canada's anti-spam legislation, set for Monday afternoon, lobby groups have been increasing the pressure all week in an effort to water down many of the bill's key protections. Yesterday, the Canadian Marketing Association chimed in with an emergency bulletin to its members calling on them to lobby for changes to the bill. While the CMA was very supportive of the bill when it appeared before the committee in June, it now wants to kill the core protection in C-27 - a requirement for express opt-in consent. more

GDPR, ICANN, and Registrar WHOIS

On Friday I was on a surprisingly interesting session at Rightscon 2018 in Toronto about GDPR and WHOIS. The panel consisted of Eleeza Agoopian from ICANN staff; Avri Doria who was recently appointed to the ICANN board; Elliot Noss who runs large registrar Tucows; Stephanie Perrin who has done a lot of privacy work for the Canadian government and as an ICANN volunteer, and me; Milt Mueller, who is now at Georgia Tech, moderated. more

Enabling Privacy Is Not Harmful

The argument for end-to-end encryption is apparently heating up with the work moving forward on TLSv1.3 currently in progress in the IETF. The naysayers, however, are also out in force, arguing that end-to-end encryption is a net negative... The idea of end-to-end encryption is recast as a form of extremism, a radical idea that should not be supported by the network engineering community. Is end-to-end encryption really extremist? Is it really a threat to the social order? more

Internet Governance and the Universal Declaration of Human Rights, Part 1: Foundations

One could think that the authors of The Universal Declaration of Human Rights (UDHR) -- adopted in 1948 -- had the Internet in mind when they declared in Article 19: "Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers." All human beings are entitled to certain rights, and it makes no difference if they choose to exercise them in a town square or an Internet chatroom. more

Government Officials, Academia, and Advocacy Groups Say Time for US to Get Its Own GDPR

US Congress asked to develop an internet data privacy legislation similar to the EU's General Data Protection Regulation (GDPR) to enhance consumer protections. more

Trump’s Cuba Policy and Its Impact on the Cuban Internet

On June 12th, I speculated on Trump's forthcoming Cuba policy and its impact on the Internet. He outlined his policy in a June 16th speech and the Treasury Department published a FAQ on forthcoming regulation changes. It looks like my (safe) predictions were accurate. I predicted he would attack President Obama, brag about what he had done, make relatively minor changes that would not upset businesses like cruise lines, airlines, and telecommunication and hotel companies. 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

Holiday Read: Questions of a Global Digital Citizen Before She Enters Her First Self Driving Car

Imagine that you are considering the purchase of your first self-driving car. You anticipate the benefits of sensors and steering that avoid accidents, conserve energy and keep you in contact with emergency personnel should you need help. You unlock the door, get situated in the driver's seat and are about to engage the ignition and then a question pops into your mind, "Is it really safe"? To answer that question, we need to understand first, that the car is not being controlled by Artificial General Intelligence... more

Storm Warning for Cloud Computing: More Like a Miasma

The approach is growing in popularity, and Google, Microsoft and Amazon are among the many large companies working on ways to attract users to their offerings, with Google Apps, Microsoft's Live Mesh and Amazon S3 all signing up customers as they try to figure out what works and what can turn a profit... In the real world national borders, commercial rivalries and political imperatives all come into play... The issue was recently highlighted by reports that the Canadian government has a policy of not allowing public sector IT projects to use US-based hosting services because of concerns over data protection. 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

Berners-Lee Launches Global Campaign to Save the Web From Destruction

Tim Berners-Lee has called on governments, companies and individuals to back a new "Contract for the Web" that aims to protect people's rights and freedoms on the internet. 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

As WHOIS Transitions to RDAP, How Do We Avoid the Same Mistakes?

In 1905, philosopher George Santayana famously noted, "Those who cannot remember the past are condemned to repeat it." When past attempts to resolve a challenge have failed, it makes sense to consider different approaches even if they seem controversial or otherwise at odds with maintaining the status quo. Such is the case with the opportunity to make real progress in addressing the many functional issues associated with WHOIS. We need to think differently. more