Policy & Regulation

Responding to “The Case for Regulatory Capture of ICANN”

This past Monday, as ICANN65 was beginning in Marrakesh, the technical review blog Review Signal published a detailed expose, "The Case for Regulatory Capture of ICANN" authored by site founder and "geek-in-charge" Kevin Ohashi. The post was clearly the product of extensive investigative reporting – and what it reveals is deeply disturbing. 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

Five Inconvenient Facts about the Migration to 5G Wireless

An unprecedented disinformation campaign purposefully distorts what consumers and governments understand about the upcoming fifth generation of wireless broadband technology. A variety of company executives and their sponsored advocates want us to believe that the United States already has lost the race to 5G global market supremacy and that it can regain it only with the assistance of a compliant government and a gullible public. 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

The Wall Between Registries and Registrars Comes Tumbling Down

The ICANN Board has just voted to get rid of all co-ownership restrictions between domain registries and registrars. This is major news, with far-reaching consequences... This is the only principled decision the ICANN Board could have come to, and they deserve a lot of credit for doing it. By "principled," I mean taking ICANN's stated institutional principles and following them to their logical conclusion... more

On Search Neutrality

In recent months there's been a robust and apparently well-funded debate about the legal status of search engine results, in particular Google's search results. On Tuesday, Tim Wu, a well-known law professor at Columbia weighed in with an op-ed in the New York Times, arguing that it's silly to claim that computer software has free speech rights. Back in April, equally famous UCLA professor Eugene Volokh published a paper, funded by Google, that came to the opposite conclusion... more

The FCC Under Trump - A Long Shot

In May 2013, President Obama picked Tom Wheeler to head the Federal Communication Commission. The Internet community generally disapproved because Wheeler had been a lobbyist for both the cellular and cable industries and a major contributor to the Obama campaign. Internet service providers AT&T and Comcast lauded the appointment and a few months later, the President was spotted playing golf with Brian Roberts, chief executive of Comcast. more

Are Domain Names Contract of Services or Property Rights?

There are several perspectives from which one can give various answers to the question of 'what are domain names?'. Originally the domain name system started and continues to be a human-friendly way of addressing to a set of machines or specific machine connected to the Internet. Hence, from the technical perspective, a domain name is simply an address consisting of a combination of alphanumeric and symbols to communicate with a machine which also happens to be hosting certain services in form of data and information on it. more

ICANN 53: Accountability, Brand Policy & New Round of New gTLDs

In June, MarkMonitor joined our colleagues once again at the Internet Corporation of Assigned Names and Numbers (ICANN) 53rd public meeting in Buenos Aires, Argentina. Several high-profile and contentious issues were on the agenda, many of which have significant impact on the interests of intellectual property and brand owners. Among these are the ongoing ICANN Accountability issues and the impending departure of ICANN CEO Fadi Chehadé; registrant information (Whois) transparency, accuracy and accessibility; and the timing of the next round of new gTLD applications/delegation. more

IRMA Threatens Irish ISPs

I don't want to get into the entire Irish Recorded Music Association (IRMA) vs Eircom and IRMA vs ISPs debacle. The only reason I'm even writing this is because I'm getting a bit tired of all the "quotes" of "quotes" and other unclear and misleading things that people have been saying about ISPs over the last few weeks. more

In Which We Explore the Federal Laws that Apply to Cyberstalking

Tragedies frequently result in flurries of legal activity. Last years witnessed the Myspace tragedy in which a 13 year old girl committing suicide. Unfortunately stalking laws have been clumsy tools that are difficult if not impossible for law enforcement officials to wield. Where existing laws respond poorly to tragedies, the option behind Door Number One is to enact a new law, and the option behind Door Number Two is to argue for a reinterpretation of current law that would somehow miraculously shoehorn the tragedy into the law. Unlike game shows, legal contestants can pick both doors -- which is what happened in this case. more

The International Telecommunication Union and the Trump Administration

The question is not uncommon these days for someone who has been the principal historian on the ITU over the past 40 years. The short answer is that the institution should do just fine. Indeed, the appearance of bizarre phenomena like Trump, enhance the value and trustworthiness of a stable, globally inclusive intergovernmental venue dealing with matters that by their nature require worldwide cooperation and is buttressed by one of the most highly regarded Secretary-Generals in its history. more

The Internet and the Legitimacy of Governments

In two recent debate events I participated in, on iFreedom and privacy in the online world, mistrust of government and government's intentions and motivations on and towards the Internet were abundantly present with more than just a few people in the audiences. The emotions were not new to me, no, it was the rationality that surprised and sometimes almost shocked me. Why? Well, should these sentiments get the support of the majority of people, it would undermine all legitimacy of a government to govern. Let's try and take a closer look. more

AT&T CTO Donovan: We Need Non-Discrimination

"Outside applications need to be on an equal footing with our own applications," John Donovan said at a SUPERCOMM keynote here in Chicago. "My jaw dropped," one of his colleagues told me a few minutes later, because this is a reversal of AT&T's long-standing position they needed to be able to favor their own applications. AT&T D.C. needs to listen closely to their own CTO, because they are throwing everything they have in D.C. at preventing "non-discrimination" being included in the FCC Net Neutrality regulations. 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