Policy & Regulation

Restraining Order Filed by US States’ Attorneys in the Final Hours of IANA Transition

With less than 24 hours to go before the historic contractual relationship between the US government and ICANN is set to expire, a motion hearing is expected to be held today based on a lawsuit filed in federal court in Texas by four states' attorneys general which could lead to NTIA facing the possibility of a temporary injunction. more

Is 47 USC 230(c) an Immunity or an Affirmative Defense (Does it Matter?)

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

Thinking Carefully About New gTLD Objections: String Confusion (Part 1 of 4)

Since speaking last fall on community-based TLDs at the New gTLD Summit in Los Angeles, I have been asked a number of times to provide input on the objections ICANN allows in its New gTLD Applicant Guidebook ("AGB" or simply the "Guidebook"). As the March 13 deadline approaches, I now present the first of a series of four spotlight articles on the subject -- one on each of the four permissible grounds for objection. more

5th ITAC OECD Newsletter: Internet Governance, WSIS+10, IoT, Cybersecurity, Trust, Standards…

Today the Internet Technical Advisory Committee (ITAC) to the OECD published the fifth edition of its newsletter. The ITAC was created in 2009 following the OECD's Seoul Ministerial with the objective to provide Internet technical and policy expertise to the work of the OECD on Internet-related issues. This informal group is coordinated by the Internet Society and currently counts 28 members active in domains such as open Internet/Web standards development, interconnection, IP addressing, security or privacy. more

How Far Will U.S. Regulators Bend to AT&T and Verizon?

Recent events relating to the network plans of AT&T and Verizon are extraordinary: it appears that the commercial and lobbying clout of two major telcos is determining the telecom services which their customers can receive, the technology they will receive them with, and whether they will receive them at all. Already a large number of states have agreed to dismantle Carrier of Last Resort (COLR) obligations on them, while the FCC itself is being advised to change the rules to suit the business interest of the telcos. more

Europe and Data Protection: We Need a Real Debate - Exactly What We Don’t Have Now

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

Internet Governance and the Universal Declaration of Human Rights, Part 2: Article 1-5

Digital governance, like all governance, needs to be founded in guiding principles from which all policy making is derived. There are no more fundamental principles to guide our policy making than the Universal Declaration of Human Rights, (UDHR). This article is Part 2 of a series of articles exploring the application of the UDHR to rights issues in the cyberspaces of the Internet ecosystem. The previous article in the series explores the foundations of the UDHR. more

The .Corp, .Home & .Mail Quandary

On 24 August, fifteen applicants for the .corp, .home, or .mail (CHM) new gTLDs sent a letter to the ICANN Board asking for action on the stalled process of the their applications. This points to the answer for the question I asked in march of this year: Whatever happened with namespace collision issues and the gTLD Round of 2012. As the letter from the applicants indicates, ICANN has done little to deal with issues concerned with namespace collisions in the last 2 years. Is it now time for action? more

Using Electricity Infrastructure to Roll Out Broadband

The FCC proposal in its recently launched National Broadband Plan to share infrastructure is a very smart initiative indeed. Sharing infrastructure makes a lot of sense. Without it the business model for universal high-speed broadband will not stack up -- the costs of infrastructure is one of the most critical elements in any national broadband plan. Australia is following an identical course with the rollout of their National Broadband Network. In all six current rollout sites utilities are either already involved or are negotiating to become involved. more

White Spaces Could Be the Broadcasters Best Hope

For years, the National Association of Broadcasters (NAB) fought the White Spaces Coalition and others interested in making US "TV white spaces" available for broadband, Wi-Fi or indeed, any new purpose. When the FCC voted 5-0 to permit license exempt use of TV White Spaces, the industry brought suit in Federal court. And they did this, despite rules in the FCC's decision that are so restrictive that, for now, white spaces devices are doomed to commercial failure. more

The Latest on GDPR and WHOIS

GDPR. It's the four-letter "word" everyone is talking about, and there are lots of questions still swirling around the topic. We wanted to provide a summary of where we are and what we believe the next ten days will bring... GDPR enforcement will begin May 25, 2018. After this date, those found in violation of the regulation can be fined up to 4% of annual global turnover or 20 Million Euros, whichever is greater. more

Mobile World Congress and the Big Business Model Clash in Barcelona

The Mobile World Congress in Barcelona attracted some of the most important people in the broader telecommunications industry. While they were not necessarily all together at the same time it was good to analyse their presentations and the comments they made within the broader context of the market, to get a clearer picture of where the industry is heading -- or, perhaps more importantly -- where those players are trying to push the industry from their own positions. more

DOJ to Cruz: .Com Price Freeze Can Be Extended to 2024

On August 31st the Department of Justice (DOJ) sent a response to the August 12th letter from Senator Ted Cruz and some Congressional colleagues to the head of the Antitrust Division. In that letter Cruz et al asserted that if the pending extension of the .Com registry Agreement (RA) was granted in combination with the consummation of the IANA transition, that DOJ could be prevented from having "meaningful input into the prices that Verisign charges for registering a domain name within the .com domain for an extended period". more

Supporting Organizations Marginalized in ICANN Accountability Proposal

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

The Issue Is the Digital Economy, Not Broadband

After some five years of public debate on the national broadband network it is heartening to see that more and more people are getting the message that the network means more than just fast internet access. Increasingly key decision-makers in business and government are reaching an understanding of the transformation that is underway in the economy. more