Policy & Regulation

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

Eliminating Access to WHOIS - Bad for All Stakeholders

Steeped deep in discussions around the European Union's General Data Protection Regulation (GDPR) for the past several months, it has occurred to me that I've been answering the same question for over a decade: "What happens if WHOIS data is not accessible?" One of the answers has been and remains the same: People will likely sue and serve a lot of subpoenas. This may seem extreme, and some will write this off as mere hyperbole, but the truth is that the need for WHOIS data to address domain name matters will not disappear. more

The Third Wave of Internet Exceptionalism

From the beginning, the Internet has been viewed as something special and "unique." For example, in 1996, a judge called the Internet "a unique and wholly new medium of worldwide human communication." The Internet's perceived novelty has prompted regulators to engage in "Internet exceptionalism," crafting Internet-specific laws that diverge from regulatory precedents in other media. Internet exceptionalism has come in three distinct waves... more

ICANN Mission Creep is Becoming Mission Leap

Under the leadership of Fadi Chehade and Steve Crocker, ICANN finally runs like an organization that has grown up. When it comes to process, accountability, and transparency, this is excellent news for the Internet. But it also raises a new question: how far will we let ICANN grow "out" of the limited technical mission for which it was created? In his opening remarks here in Durban, Chehade announced the expansion of local engagement centers and significant expansion of ICANN staff - for the second straight year. more

Satellite Companies Fighting Over RDOF

There has been an interesting public fight going on at the FCC as Viasat has been telling the FCC that Elon Musk's Starlink should not be eligible for funding from the Rural Digital Opportunity Fund (RDOF). At stake is the $886 million that Starlink won in December's RDOF auction that is still under review at the FCC. Viasat had originally filed comments at the FCC stating that the company did not believe that Starlink could fulfill the RDOF requirements in some of the grant award areas. more

UK Government Releases New Cyber Security Standard for Self-Driving Vehicles

UK government today announced the release of a new cyber security standard for self-driving vehicles. Funded by the Department for Transport, the British Standards Institute has developed the guidance to set a marker for those developing self-driving car technologies. more

The ‘Domain Rights Dozen’ - ICA’s RPM Revision Review Principles

As the fall of 2012 begins the implementation of rights protection mechanisms (RPMs) for new gTLDs is reaching a critical stage... Given the half year interval between the upcoming Toronto ICANN meeting and the following Beijing meeting in April 2013, it is highly desirable, and perhaps essential, that community discussion in Toronto result in a clear consensus on how RPM implementation should proceed if new gTLDs are to launch without further delay and if potential registrants are to perceive them as acceptable platforms for speech and commerce. more

Launch of .ISLAM and .HALAL TLDs Remain on Hold as per ICANN’s Controversial Decision

"ICANN holds .islam, .halal in limbo despite losing case," reports Kieren McCarthy in The Register. more

Locking Out Competing Providers is Bad

Today one of the headlines in Computer Sweden was that there is a dispute between Telia and the regulator PTS in Sweden. PTS requires Telia to stop locking out competing TV-distribution companies for IP-TV in the access network (DSL) that Telia runs. Specifically, they lean towards the fact Telia is dominant provider of the copper, and require Telia to competitors give access to the larger frequency band in the copper that they claim is needed for TV distribution. more

US Telecoms Market Further Deteriorating

Some worrying signs are emerging in the USA. During the last decade I have questioned the economic viability of two parallel telecoms infrastructures. When these two network rollouts commenced no issue existed in relation to conflicting interests -- one delivered telephone services, the other broadcasting services. But this all began to change when it became possible to use the HFC network more

New gTLDs Questions Not Answered: Which Kind of Auction?

I was expecting something that would discuss the unique properties, if any, of the domain name market, and the types of inventory theoretically available to allocate, and the expected outcomes for the various types of auctions, and some showing that for some desired policy goals, whether greatest gain to seller or lowest loss to buyer, or something entirely different, the expected outcomes. This would assist the better informed, bottom-up, stakeholder-driven, consensus policy making. Is the domain name market indistinguishable from the spectrum market? If name spaces are distinguishable from units of spectrum... more

Policy Advisory Board Model Now a Test of Multistakeholder Model

In early November 2013, prior to ICANN's Buenos Aires meeting, I published an article at this forum, Policy Advisory Boards – A Cornerstone PICS (Public Interest Commitment Specification), that extoled the advantages of adopting a Policy Advisory Board (PAB) model as a practical, effective, and least burdensome means of effectively implementing the request of ICANN's Governmental Advisory Committee (GAC) for consumer and competitive safeguards at sensitive new gTLD "strings" - especially those that are related to regulated industries and professions. It is deeply gratifying that the article has received nearly 9,000 views since first being posted and inspired considerable discussion. 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

Precrime Regulation of Internet Innovation

In the sci-fi movie Minority Report, a 'precrime' police unit relies on the visions of psychics to predict future crimes, then arrests the potential perpetrators before they do anything wrong. In the world of Internet governance, the future is now, as regulators want online services to predict and prevent safety threats before they actually occur. 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