Policy & Regulation

GDPR and What Comes Next: The Parade of Horribles

The compliance deadline for the European Union's General Data Protection Regulation (GDPR) is nearly upon us, the unveiling of a proposed model to bring WHOIS into compliance is said to come from ICANN next week, and everyone is scrambling to understand all that's involved. Implementation of a revised WHOIS model is clearly on the horizon, but what comes after may be the real story! Specifically, if WHOIS information becomes more than nominally restricted, what's the consequence to the data controllers (ICANN and the contracted parties) who implement this revised model? more

ICANN Board Retreat Results in Specific New gTLD Directives

Over the weekend, ICANN's Board of Directors met in Norway to discuss the fate of new generic Top-Level Domains (gTLDs). As a result of the meeting, two resolutions were passed related to new gTLDs. First, the Board resolved to recommend further actions based on comments recently submitted by the Governmental Advisory Committee. The second resolution directed the ICANN CEO to incorporate a number of items into the fifth version of the Guidebook including... more

Sopho’s Threat Report Focuses on Social Network Spam

The latest Sophos Threat Report shows an upward trend in spam and identity theft through social networks. One of the examples Sophos gives is Facebook. In general Sophos claims that from 2009 to 2010 the spam, phishing and malware containing messages all doubled. more

Why Regulate Cable Internet Access

The cable guys have their way of saying it: "What do you want to do, nationalize our businesses?" Another way of seeing this issue is: We have a very few very large providers of highspeed internet access in U.S. They have sufficient market power to decide how and when to prioritize internet communications. And all of these providers are competing with the internet in some way -- they are all (or are becoming) old media and old telecom companies that want to maintain control over their distribution channels. 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

Is ICANN Entering a Bold New Era?

When Barack Obama succeeded George W Bush and became America's 44th president, it seemed he could do no wrong. But this was arguably more a consequence of the perceived inadequacies of his predecessor than a realistic reflection on his own abilities. A fact highlighted by Obama being awarded the Nobel peace prize a mere nine months after taking office, before he'd had any real chance of having an impact on America or the world. When Fadi Chehadé was formally introduced as ICANN's next CEO, at the organisation's 44th international meeting in Prague last June, there was an undeniable Obama effect... 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

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

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

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

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

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

Beyond Net Neutrality: A Manifesto for Internet Freedom

The Internet's existence within the regulatory system has been a disastrous failure. Network Neutrality is fine as far as it goes. The problem is that it leaves the current abysmal system in place. On my Economics and Architecture of IP Networks Mail list, Erik Cecil has been deconstructing the regulatory system. Bottom line -- the most significant thing that can be done for the citizens of the internet in the US would be for the FCC to declare the internet protocol to be telecommunications and no longer exempt from regulation. 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

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