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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
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
ICANN has proposed a major change to its bylaws that would require the organization to adopt all policy "advice" issued by the Governmental Advisory Committee (GAC) unless 2/3 of ICANN's non-conflicted board members vote to oppose the adoption of that governmental rule. This draconian proposal to change ICANN's bylaws would fundamentally transform ICANN away from being a "bottom-up" and "private-sector-led" organization and into a governmental regulatory agency... more
In an article published by the Technology Liberation Front, Cato Institute adjunct scholar Tim Lee dissects a recent argument by the American Civil Liberties Union (ACLU) regarding free speech & anti-spam laws. It's been interesting to watch the ACLU wrestle with anti-spam legislation. Their entire purpose is to work through the legal system to protect our civil rights, as defined in the First Amendment -- which is why I've been a card-carrying member since before I was old enough to vote... more
The regulatory environment for brands and retailers that do business online is getting stricter thanks to regulatory changes in Europe with the General Data Protection Regulation (GDPR), as well as existing regulations in the U.S. Companies that adapt quickly can turn these changes into a competitive advantage. As we grapple worldwide with the implications of the incredible amount of personal data generated every day, consumers are pressuring brands and legislators alike for more control over their information. more
Mr. Arif Ali, a lawyer with Dechert who is very familiar with ICANN governance and has represented numerous parties in ICANN related matters, wrote an extraordinarily detailed and comprehensive critique of the LOI and of Amendment 3. Mr. Ali noted that two of ICANN's most important obligations are to operate for the benefit of the Internet community as a whole and to enable competition and open entry in Internet-related markets, and that the proposed price hikes do not support these obligations... more
The last few weeks have reinforced the importance of modern communication networks to societies. Health care providers, schools, governments, and businesses all rely on networks that enable us to connect and collaborate remotely. Had we encountered a similar pandemic ten years ago, we would not have been able to continue our activities on the level that is possible today. more
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 traditional network operators see OTT services as a threat, and the companies offering them are perceived to be getting a free lunch over their networks - they are calling for international regulation. In particular, the European telcos (united in ETNO) have been claiming that this undermines their investment in infrastructure and they want to use the WCIT conference in Dubai later this year to lobby for regulatory changes that would see certain levies being levied - something that is strenuously opposed by, among others, the USA and the APAC countries. more
I approach the mic. As the adrenalin kicks in, my hands begin to slightly tremble. Eyes dart at me, anticipating my imminent speech. I glance at the scribbled text in my notebook to review the key points I hastily made; breathe in, exhale. I look up; the total silence is punctured by my poised words: "My name is Michael Oghia, and I am an Internet Society Ambassador." more
Progress is being made towards launching a .eu top-level domain for European individuals, business and organisations.
On 22 May 2003, the European Commission announced its decision to designate the European Registry for Internet Domains (EURID) as the Registry for the new top-level domain (TLD) .eu. EURID is made up of three founder members ? the registry operators for the country code top-level domains (ccTLDs) .be (Belgium), .it (Italy) and .se (Sweden). The Commission?s decision follows a call for expressions of interest published last September and an evaluation by independent experts of the seven applications received. more
France's data privacy watchdog has fined Google 50 million euros ($57 million) under the European Union's General Data Protection Regulation (GDPR) making it the most significant regulatory enforcement action since the law came into effect in May. more
A number of large technology companies, including Google, Microsoft and Yahoo!, have announced that they have signed up to a voluntary code of conduct on how they do business in countries that curtail freedom of expression like China and Singapore... It's not surprising to see this sort of self-regulation being proposed as otherwise political initiatives like the Global Online Freedom Act, passed in one US Senate committee but currently floating in legislative limbo, could actually make it into law. more
Once we decide that Network Neutrality is a good thing to (re)enshrine in law, then we need to ask how to do that effectively. One way would be to pass a law saying, "Thou shalt not discriminate." That's the current approach. But network operators will say that they must manage their network, and if, in the course of network management, they were to disadvantage some source, destination, application, service or content, they might be accused of violating the law. So any Network Neutrality law must have a Network Management Exception... more
Very few African states today have developed a national cybersecurity strategy or have in place cybersecurity and data protection regulations and laws. Yet, the continent has made major headway in developing its digital ecosystem, and moreover, it is home to the largest free trade area in the world, which is predicted to create an entirely new development path harnessing the potential of its resources and people. more
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