Policy & Regulation

The Empire Strikes Back: ICANN Accountability at the Inflection Point

The members of the ICANN community engaged in the work of the Cross Community Working Group on Enhancing ICANN Accountability (CCWG-ACCT, or just plain "CCWG" for this article) has been engaged since late 2014 in designing an enhanced ICANN accountability plan to accompany the transition of oversight of the IANA root zone functions from the National Telecommunications and Information Administration (NTIA) to the global multistakeholder community. On August 3rd the CCWG released its 2nd Draft Report (Work Stream 1) for a public comment period that closed on September 12th. more

On the Question of Closed Generic Top-Level Domains

The debate over so-called "closed generic" top-level domains has revealed that rarest of semi-mythical beasts, a creature often emblazoned in ICANN heraldry but as elusive as the unicorn on the UK royal coat of arms: an argument on principle. Occasionally an issue arises out of the muck of self-interested manoeuvring to reveal the deep idealism that moves most ICANN participants. You can see it by how it divides camps that usually march along in lock-step, and by how the predictable murmur of shopworn cliches is replaced by arguments of clarity and resonance. more

An Example of Effective Government Support for New Communication Technology

The October Senate Commerce, Science, and Transportation Committee hearing on the commercial satellite industry provides a current example of effective government support of new communication technology. The hearing focused on broadband access, primarily from low-Earth orbit (LEO) satellites. Witnesses from four companies - Intelsat, OneWeb, ViaSat and SpaceX - testified and the tone of the hearing was set by the opening statements of Committee Chairman John Thune and Ranking Member Bill Nelson. more

US Senators Move to Shield Undersea Internet Cables from Global Threats

A bipartisan Senate bill seeks to strengthen U.S. oversight and global coordination to protect undersea fiber-optic cables, vital infrastructure increasingly targeted by geopolitical adversaries, natural disasters, and cyber or physical sabotage. more

Holding Google to a Higher Standard in Search

Danny Sullivan has been the go-to guy for understanding the world of search for over 15 years. This week he published a really good story on Google Plus Your World. A group of engineers have launched a site called Focus on the User that shows exactly how the new Google service could be including other social media content listings besides only Google Plus, but is not. more

A Simple Suggestion for President Biden Regarding the Cuban Internet

Last September, I asked what had happened to the proposal for a branch connecting the ARCOS undersea cable, which has a landing point in North Miami Beach, to Cojimar, Cuba. The consortium that operates the cable had applied for permission to connect Cuba in July 2018, and the FCC granted a request for streamlined processing, which should have taken less than 45 days, but nothing happened until September 2020 when the application was referred to a Justice Department committee... more

Havana Can Have 5G Before Miami

Compared to Miami, Havana is an Internet desert, but Havana may have 5G wireless connectivity before Miami. 5G architecture, US politics and policy, and the 5G timetable favor Havana. Let's start with 5G architecture. 5G will require many "small cells" because it uses high-frequency radio signals that don't travel as far as 4G signals and are more easily blocked by obstructions like trees and buildings. 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

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

Canada Leads World With Net Neutrality Regulatory Framework

There is a difference between rhetorical leadership and actually instituting regulations. As the Canadian Radio-television Telecommunications Commission (CRTC) chair Konrad von Finckenstein said on October 21: "Canada is the first country to develop and implement a comprehensive approach to internet traffic management practices." In a regulatory policy decision, the CRTC affirmed that it already has sufficient legislative authority within Canada's Telecom Act to police discriminatory practices by ISPs. Similar clauses do not exist in US legislation. more

Crypto War III: Assurance

For decades, academics and technologists have sparred with the government over access to crypographic technology. In the 1970s, when crypto started to become an academic discipline, the NSA was worried, fearing that they'd lose the ability to read other countries' traffic. And they acted. For example, they exerted pressure to weaken DES... The Second Crypto War, in the 1990s, is better known today, with the battles over the Clipper Chip, export rules, etc. 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

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

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

Why the Internet is Not Like a Railroad

When one person transmits the speech of another, we have had three legal models, which I would characterize as Magazine, Bookstore, and Railroad. The Magazine model makes the transmitting party a publisher who is entirely responsible for whatever the material says. The publisher selects and reviews all the material it published. If users contribute content such as letters to the editor, the publisher reviews them and decides which to publish. more