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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
Within a single month, privacy has moved to the top of the "to-do" list for government, business and consumers. In fact, the confluence of activity is the best indication in the last ten years that the will exists to establish regulatory and self-governance programs that complement consumer protection. Privacy is a growth market. more
It is no secret that both the US government, ICANN, and the global Internet community have argued and worked tirelessly for the past 15 odd years on the vexing issue of globalizing the US government's role in the IANA function. Despite the desire, long-held by many, for the US to relinquish its control of the IANA function, it is clear that getting to full multistakeholder control of the function is not going to be easy. more
In 2012 I wrote a blog on CircleID called State hacking: Do's and don'ts, pros and cons. In this post I give some thoughts to the concept of a government "hacking back" at criminals. The reason for this was an announcement by the Dutch government that it contemplated law along these lines. The proposed law is now here: the Act Computer Criminality III. more
When does a non-profit organization become a profit-making one? This and similarly fundamental questions about ICANN's institutional character are raised by the high probability that the gTLD project will produce profits for ICANN. How much money those profits will amount to remains in question, but it is increasingly difficult for ICANN to say that there will be no profit at all. more
Recently, a colleague in the Bellisario College of Communications asked me who gets a freedom boost from the FCC's upcoming dismantling of network neutrality safeguards. He noted that Chairman Pai made sure that the title of the FCC's Notice of Proposed Rulemaking is: Restoring Internet Freedom. My colleague wanted to know whose freedom the FCC previously subverted and how removing consumer safeguards promotes freedom. more
Europe is at the forefront of the global debate about data protection and privacy. Unfortunately that debate is characterised more by hyberbole and scaremongering than real discussion. Europeans deserve better -- and so does the world, who rightly see Europe as a leader on this subject. The new Commission has a chance to truly lead in partnership with governments, like Brazil, that agree with us. more
Today I released a report on 'National cyber crime and online threats reporting centres. A study into national and international cooperation'. Mitigating online threats and the subsequent enforcing of violations of laws often involves many different organisations and countries. Many countries are presently engaged in erecting national centres aimed at reporting cyber crime, spam or botnet mitigation. more
Recently ten Democratic Members of Congress wrote a letter to Alan Davidson, head of the NTIA, requesting that the "NTIA immediately cease the public disclosure of personal information about users of .US" country code top-level domain (ccTLD). This communication highlights a significant concern regarding domain registration data: the need to protect the privacy rights of Registrants. However, an equally significant concern regarding registration data was raised... more
With Trump's "extreme vetting" extending to Pakistan and others, nearly all U.S. institutions with a global reach will be cut off from some members. Internet Society Board Member Walid Al-Saqaf, from Yemen, can't attend the IETF meeting next month in Chicago. Board Member Alice Munyua from Kenya may also have to skip the event. "There is a high threat from terrorism in Kenya," the British government reports. Kenyans likely will require extreme vetting. ICANN board member Kaveh Ranjbar, born in Iran, has also been appointed to the IETF Administrative Oversight Committee. more
Procedure matters. It matters whether a defendant can dispose of a litigation right out of the gate, or whether the defendant must suffer the slings and arrows of discovery, motions, and trial before presenting a successful defense. Procedurally, once a litigation has been initiated, defendant has a chance to say, "hey, wait a minute, there isn't actually a cause of action here." It's like someone suing me for being tall. Well, yeah, but there is no recognized cause of action against being tall. more
Today, my company AusRegistry International signed an open letter to the United States House Subcommittee on Intellectual Property, Competition, and the Internet as a show of support for ICANN and its new Top-Level Domain program. I'm disappointed by the nature of the oversight hearing the Subcommittee has called and I believe it will only be a distraction. Let's not kid ourselves; the reason for this hearing is to beat up ICANN over the new TLD program. I think this is unfair and unjustified... more
Internet pioneers and leading figures published an open letter today calling on FCC to cancel the December 14 vote on the agency's proposed "Restoring Internet Freedom Order." more
In case you missed it a few days, a story broke that said that Facebook was caught hiring a PR firm to spread stories about Google about how they invade people's privacy... Even though I work for Microsoft and therefore can hardly be considered unbiased, I think Microsoft would be in a position to call out others for lack of privacy protection. I say this based on the fact that in my division, every new feature that we implement has to go through Privacy reviews... more
The Cross Community Working Group on Enhancing ICANN Accountability (CCWG-Accountability) make a number of helpful recommendations to improve organizational accountability at ICANN, however one aspect of the plan is deeply flawed: changing the role of ICANN's Governmental Advisory Committee (GAC) from purely an "advisory" role to a "decision making" role over fundamental matters at ICANN, including its governance. more
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