Policy & Regulation

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

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

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

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

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 The big ISPs have been surprisingly quiet and have not loudly violated those rules, even though they are no longer in effect.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

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

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

.com Is A Clear and Present Danger to Online Safety

"The Internet is the real world now." This assessment was offered by Protocol, a technology industry news site, following the very real violence on Capitol Hill during the counting of the electoral college votes that officially determines the next president of the United States. The media outlet went on to say that, "[t]he only difference is, you can do more things and reach more people online -- with truth and with lies -- than you can in the real world." more

dot DO or dot DIE?

ICANN has started dot name evaluations and charging ahead at their full speed. Mathematically it can be proven that any reasonable success of the current 1500 proposed dot names will result in tens of thousands of additional applications in the subsequent rounds. It is estimated that by the year 2020 there will be 10,000 dot names in operation and by 2025 the number would easily double. Such forecasts are not based on technological advances 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

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

The Economics of Magic

Arthur C. Clarke said any sufficiently advanced technology is indistinguishable from magic. Milton Friedman said there's no such thing as a free lunch. The validity of the former statement does not invalidate the later. From this we can see that even magic has a price. Hence, its application is subject to cost-benefit analysis. There are many developing technologies that may eventually qualify as magic. 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

The Disadvantages of Digital Inclusion and the Perils of Non-Universal Access

Many of us are familiar with network effects within telecommunications. Fundamentally, the notion is that as the number of participants in a network increases, the value of that network increases superlinearly. Though many different theories exist about how best to value these networks, the general idea is that the more people on a network, the more benefits accrue to everyone on the network... 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