Policy & Regulation

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

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

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

Has President Macron Thrown Multistakeholderism Under the Bus at UN IGF 2018 Paris?

Today, President Macron threw down the gauntlet to President Trump and the US administration on Multistakeholderism. In his welcome address to IGF 2018 Paris a few hours ago, President Macron challenged IGF to become more relevant by reinventing itself in factoring in multilateralism into IGF's non-decision-making body and to move beyond the mere talk-ship lip service it has been for the last 13 years. 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

Internet Governance After Busan: Playing the Long Game

As you might imagine, I've been following the ITU's Plenipotentiary Conference very closely. It was built up to be the great showdown of our time -- the pro-'free and open' Internet in one corner (comprised for the most part of developed and democratic nations), in the other corner a contingent of totalitarian regimes bent on a fractured, censored Internet -- a near battle royale for control of one of the greatest communications tool the world has ever seen. more

Report and Analysis of Public Comments Submitted to ICANN on the .COM Pricing Provisions (Part II)

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

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

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

NIS2 Article 28 Guidance: A Positive Step Toward Reducing DNS Abuse Across Europe

The European Union (EU) has set a high bar by tackling domain name system (DNS) abuse head on via government regulation and seems to have successfully resisted attempts to water down DNS stewardship obligations. Recent guidance from a key European Commission cooperation group (the NIS Cooperation Group) handling sections of the Network and Information Security Directive (NIS2) intends for a robust implementation of Article 28, which will go a long way toward helping to mitigate some of the longstanding problems that persist in the DNS. more

.WTF Domain Being Used In Privacy Campaign

ICANN comment periods on policy proposals don't normally garner much attention. In the case of the current comment period on proxy/privacy services, however, things are very different. To date several thousand comments have been filed, while the topic of the policy proposals has received media attention across hundreds of outlets. more

Where Is Net Neutrality When We Need It?

Just in the last two weeks, two stories in the United States hit the press that highlight behavior from ISPs that would have likely have violated the Net Neutrality rules that were killed by Ajit Pai's FCC. The big ISPs have been surprisingly quiet and have not loudly violated those rules, even though they are no longer in effect. The industry speculation is that the big ISPs are treading lightly because they don't want to trigger a regulatory overreaction should there be a change of party in the administration or Congress. more

WCIT Denouement

It is midnight in Dubai and I am listening to the final readings of the International Telecommunication Regulations (ITR). This instrument is the final output of two weeks of negotiations at the World Conference on International Telecommunication (WCIT), a gathering of the world's nations to update the the ITRs. The Chair goes through the document article by article, section by section, and with each passing "thank you", this Conference draws to a close. Many in the room are elated. more

Societies Running on Quicksand: A Critical Look at Today’s Networks

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

FY16 Appropriations Act Extends IANA Transition Freeze without DOTCOM Act

The U.S. Government has been operating so far in Fiscal Year 2016, which began on October 1st, with funding provided by two continuing Appropriations bills. The last one passed on December 11th and provides funding through midnight tonight, December 16th. Meanwhile, bipartisan Senate and House leadership, Appropriations Committee members, and Chairs of authorizing committees have been negotiating an omnibus Appropriations bill, along with a separate revenue package of tax provisions, behind closed doors. more