Policy & Regulation

We Need Smarter Governments to Manage a Changing Global Environment

The natural disasters, climate change and widespread social and economic crises that are taking place in the world today show that the human race needs to become smarter. The urban revolution that succeeded the Neolithic agricultural revolution has allowed us to build new city-based civilisations that are conducive to innovation and information-gathering in all aspects of life and beyond. While amazing civilisations have come and gone over the last 10,000 years it is only since the 20th century that we have seen a real explosion in the urbanisation process, leading to a doubling of the global population. more

The UN’s AI Leadership

In the same way monarchs are proclaimed - by powerful stakeholders attending a coronation and not objecting - the UN's International Telecommunication Union (ITU) took a mandate last week to coordinate AI Safety worldwide, with most industry leaders and relevant UN agencies were present when it did so. more

Making Network Neutrality Sustainable, Revisited

Today FCC Chairman Genichowski announced that the FCC's Network Neutrality Proceeding is entering the rule-making stage. This is a historic milestone, worth celebrating, but the milestone is on a road with hairpin turns. If you look directly above us, you can see we're in almost exactly the same place we used to be when the pro-competition provisions of the 1996 Telecom Act were intact and the distinction between telecommunications service and information service was meaningful, but now we are a lot lower. more

Beyond Limitations and What Good It Would Do to ICANN to Operate from Abundance

The ICANN community is conservative. A considerable number of dedicated ICANN volunteers from various constituencies believe that ICANN should follow the unusual logic of limiting its revenues to the levels of its CURRENT estimates of expenditure. The Board, acting on the advise of the ICANN community brought down the ICANN transaction fee per domain name from 25 cents to 16 cents and in the case of numbers, for various reasons the Address Registry fees that it collects from the Regional Internet Registries have been historically kept at a negligibly low level. more

Can Trump’s Twitter Account be Deleted Under the New EU Hate Speech Code?

On 31 May 2016, The Commission together with Facebook, Twitter, YouTube and Microsoft unveiled a code of conduct that includes a series of commitments to combat the spread of illegal hate speech online in Europe. These IT Companies support the European Commission and EU Member States in the effort to respond to the challenge of ensuring that online platforms do not offer opportunities for illegal online hate speech to spread virally. 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

Multi-Stakeholderism and the ‘Coalition of the Willing’

I was part of a group of about 200 people who attended and update at the Internet Governance Forum in Bali on the Montevideo statement. I'd like to share a few of my observations, and offer some unsolicited advice. First, the de facto leader of the and champion of the multi-stakeholder model, the United States, has been sent to the penalty box in light of the NSA surveillance revelations. more

Thinking Carefully About New gTLD Objections: Legal Rights (4 of 4)

This last article on the four new gTLD objections will look at the Legal Rights Objection ("LRO"). While other articles in this series have touched on trademark concepts at certain points, issues from that area of the law predominate in LRO. Here we review the pertinent LRO-related trademark concepts, with which many readers likely will have some familiarity from working with domains and the UDRP. Still, the theme of the first three articles applies here: Potential objections are more involved and complicated than they may seem, and require careful thought if they are to be made. more

The Next Network Policy Battle

I've said it before, and I'll say it again. The biggest threat to the Internet innovation ecosystem from network operators is not discrimination but terms of interconnection. Metered billing, bandwidth caps, and wholesale transit fees can all be implemented consistently with net neutrality rules. And in practice, net neutrality will be limited to "legal" content... more

Internet as Non-Kinetic WMD

With each passing day, a new public opinion article appears or U.S. government official pronounces how the open internet is abetting some discovered catastrophic effects on our societal institutions. In just one week, the examples include increased information on FSB & GRU attacks on electoral systems and infrastructure, Trump's obliging tactical destruction of societal norms and propagation of the QAnon cult, U.S government agency officials playing "cyber security spin-the-bottle" at press conferences... more

A Modest Proposal for ICANN

When it comes to accountability, ICANN would rather be compared to other U.S. nonprofit companies than to the regulatory bodies it more closely resembles. If they truly wish to be treated like a nonprofit, rather than a regulator, there is a very simple solution: make all contributions strictly voluntary. more

We’re Almost There… IANA Stewardship Transition

Since Friday, I have been listening to and, yes, talking to many in Dublin who are engaged in the multistakeholder effort to transition the IANA functions. Our goal is an orderly transition that both reaffirms the strength of the global multistakeholder model while protecting and preserving the coordinated, well-functioning administration of the unique identifiers that are the core of the technical genius of the Internet. more

Cyber Security Word Salad

Two months ago, the Trump White House published its National Cyber Strategy. It was followed a few days ago with the release of its draft NSTAC Cybersecurity "moonshot." The Strategy document was basically a highly nationalistic America-First exhortation that ironically bore a resemblance to China's more global two-year-old National Cybersecurity Strategy. more

Debilitating Cyber Attack: Not If, But When?

We all know how easy it can be to ignore or underestimate the possibly, or even likelihood, of a terrorist attack; just remember what happened on 9-11. That seems to be just what the U.S. is doing when it comes to a possible Cyber-Attack, no not in other countries, but right here at home where targets like private sector companies, who provide vital economic and emergency services to our population using broadband infrastructure, and are woefully under-secured for such attacks. more

Senator Cotton: Extraordinary Expansion of Huawei Cloud

Huawei's Cloud is growing faster than Amazon, Microsoft, or Google, Iain Morris writes. He cites U.S. Senator Tom Cotton on growth in "Egypt, Indonesia, Malaysia, Mexico, Saudi Arabia, Turkey, and the United Arab Emirates." Cotton further says: "In addition, Huawei's cloud services revenues reportedly rose by almost 170 percent in 2020. This accelerating revenue stream threatens to undermine U.S. efforts to curtail Huawei's power, influence, and financial strength." I think Cotton is a little high on Huawei Cloud growth... more