Policy & Regulation

ICANN and GAC: A New Role Needed?

Syracuse University professor Milton Mueller published a blog under the title "Will the GAC go away if the Board doesn't follow its advice?". Having been to a number of (very limited) ICANN meetings on behalf of law enforcement cooperation, I would like to share a few - probably thought provoking - observations. The GAC should not leave ICANN but it may be more efficient if its role changed and its efforts were aimed at a different form of output. 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

Radical Shift of Power Proposed at ICANN Putting Govts in Primary Decision Making Role

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

Why a Net Neutrality Law is Not Enough

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

Cyberspace Security in Africa – Where Do We Stand?

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

FCC: We Will Regulate Broadband

Since the dust has settled from a stinging defeat in federal court, the FCC has decided to move on its own to settle the broadband regulation dispute. With a 3-2 vote the commission issued a Notice of Inquiry that would set the stage for more regulatory authority of broadband. It seems ironic that the motivating factor was the court case brought by Comcast in Federal District Court to immobilize the FCC's efforts to sanction the service provider from throttling Bit Torrent, file sharing customers. more

Regulating and Not Regulating the Internet

There is increasingly heated rhetoric in DC over whether or not the government should begin to "regulate the internet." Such language is neither accurate nor new. This language implies that the government does not currently involve itself in governing the internet -- an implication which is clearly untrue given a myriad of laws like CFAA, ECPA, DMCA, and CALEA (not to mention existing regulation of consumer phone lines used for dialup and "special access" lines used for high speed interconnection). more

Google and China: Some General Thoughts

I have deferred blogging on the Google/China imbroglio for a few reasons. First, heavyweights such as Jonathan Zittrain have tracked International online censorship and online security issues more closely than I have. Second, after Google's provocative blog post, I wanted to see the facts develop rather than rely solely on Google's assertions. The spin doctors are now moving in, so the useful development of the factual record will be slowing down. more

Five Countries are Considering Anti-Spam Laws

The international press is alight with reports of various countries considering privacy and anti-spam legislation. It appears that many countries have arrived at the logical conclusion that after years of supposed 'self regulation'; some marketers must be brought to heel by way of regulation and law, to stop abusive practices. more

A Billion Reasons Why the IGF Matters

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

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

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

Meta Spells Out Absurdity of EU’s Plan to Tax Big Tech for Broadband Expansion

The EU is proposing a telecom-industry-backed plan to effectively tax Big Tech companies, with the intention of throwing that money toward Big Telecom companies for broadband expansion. The proposal is part of the EU's efforts to craft digital policies for the next few decades, with an eye on shoring up lagging broadband access. more

Department of Commerce Begins Re-Solicitation for IANA Contract

In follow up to the cancelation of IANA Contract RFP last month, the United States Department of Commerce (DoC), National Telecommunications and Information Administration (NTIA) have just issued solicitation of the contract. more

ICANN Releases gTLD Applicant Guidebook

Per their timeline, ICANN released the gTLD Applicant Guidebook on May 30th. This version contains revisions based upon both community feedback, as well as recent consultations with the Governmental Advisory Committee (GAC). more