Policy & Regulation

Policy & Regulation / Most Viewed

Connectivity Policy and the Open Internet

The goal of public policy for connectivity should be to assure access to our common facilities as a public good by adopting sustainable business models that don't put owners and users at odds with each other. Such balances are typically difficult to achieve which is what makes connectivity so unusual - we can achieve both once we fund the facilities as a public good apart from the particular applications such as telephone calls and cable content. more

ICANN 52 Singapore - Important Issues for Brand Owners

ICANN community has a lot on its plate for 2015, and at this first full meeting of the year, we are all jumping into the work with both feet. Here are some of the main issues for brand owners: Sorting out the long-awaited transition from U.S. Government oversight to a truly multi-stakeholder model of governance; ensuring Registrant data (Whois) accuracy, accessibility and privacy (where appropriate); launching reviews of the new gTLD program; and protecting/preserving the robust business and brand voices in the process. more

Game Over for Public Whois? Article 29 Gives ICANN the Advice It Asked For

We've talked about the conflicts between our ICANN contract and privacy law in the past. Not once, not twice, but multiple times. We refused to sign the 2013 Registrar Accreditation Agreement (RAA) with ICANN until we'd received a data retention waiver. That decision probably cost us money, but if we have to choose between operating legally or illegally our path is clear. more

The Issue of License Proliferation

When I was on the ICANN board, we were dealing with the issue of Internationalized Domain Names (IDNs), an initiative to allow non-latin characters in domain names. Technically, it was difficult and even more difficult was the consensus process to decide exactly how to do it. Many communities like the Chinese and Arabic regions were anxious to get started and were getting very frustrated with the ICANN process around IDNs. ... When I joined the Open Source Initiative board of directors, we were also struggling with a similar, but slightly different problem. more

Is ICANN Opening up Public Comment Periods in Bad Faith?

I read with interest that ICANN opened up yet another comment period on new TLDs. I believe that I speak for many when I question whether ICANN is opening up these comment periods in good faith, or instead whether these are smokescreens, mere distractions to pretend that ICANN is "listening" to the public while staff and insiders proceed with predetermined outcomes. more

ICANN’s Comment Period on Accountability Process Seeks Scope Limitations

Bowing to unprecedented community pressure in the form of a unanimous letter questioning its staff-developed Accountability Process, as well as a reconsideration request filed with the Board, on September 5th ICANN issued a notice titled "Public Comment Invited: Enhancing ICANN Accountability Process". The notice opens a 21-day public comment period on that staff proposal. However, ICANN staff apparently cannot resist asserting some form of top-down control even what that very conduct is at issue, and the notice and accompanying explanation contain attempts to restrict and unduly channel the scope of community comment. more

Time to Look Past ‘Net Neutrality’. Let’s Start a Fresh Post-Neutrality Debate…

Yesterday, as many of you heard, the European Parliament voted to reject the 'net neutrality' fundamentalist amendments to the already flawed proposals they had helped to create. That's the good news. The bad news is that the law that we now have is merely ludicrous, rather than insane. Furthermore, it doesn't properly protect end users, hold ISP feet to the service delivery fire, or truly encourage broadband ecosystem innovation. more

DoT and DoH Guidance: Provisioning Resolvers

As part of a larger effort to make the internet more private, the IETF defined two protocols to encrypt DNS queries between clients (stub resolvers) and resolvers: DNS over TLS in RFC 7858 (DoT) and DNS over HTTPS in RFC 8484 (DoH). As with all new internet protocols, DoT and DoH will continue to evolve as deployment experience is gained, and they're applied to more use cases. more

Telecoms Competition on a Downhill Slide in America

That is what happens when you base your telecommunications policies on the wrong foundations. The problems with the telecommunications industry in America go back to 1996 when the FCC decided that broadband in America should be classified as internet (being content) and that therefore it would not fall under the normal telecommunication regulations. Suddenly what are known as telecommunications common carriers in other parts of the world became ISPs in the USA. How odd is that? more

In Which We Consider the Meaning of ‘Authorized’: GIVAUDAN FRAGRANCES CORPORATION v. Krivda

What does authorized access mean? If an employee with authorized access to a computer system goes into that system, downloads company secrets, and hands that information over to the company's competitor, did that alleged misappropriation of company information constitute unauthorized access? This is no small question. If the access is unauthorized, the employee potentially violated the Computer Fraud and Abuse Act (CFAA) (the CFAA contains both criminal and civil causes of action). But courts get uncomfortable here. more

Supporting Dot Amazon Strengthens Global Internet Cooperation

With the backlash against tech companies gaining steam, we've seen certain contrarian members of the media taking indiscriminate aim at companies and issues without due cause. This is what happened when Financial Times columnist Gillian Tett, in a paywalled March 7th editorial, inaccurately portrayed a process involving the Amazon's gTLD application for .AMAZON, an issue the i2Coalition has been engaged in for years. more

Meta Spells Out Absurdity of EU’s Plan to Tax Big Tech for Broadband Expansion

The EU is proposing a telecom-industry-backed plan to effectively tax Big Tech companies, with the intention of throwing that money toward Big Telecom companies for broadband expansion. The proposal is part of the EU's efforts to craft digital policies for the next few decades, with an eye on shoring up lagging broadband access. 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

Internet Challenges Need Win-Win Solutions

The current internet versus telcos debate that is going to be played out at the WCIT conference in Dubai later this year is still following the old confrontational pattern. The telco industry, for all the right reasons, started off as a monopolistic one. With the limited technology and knowledge of that time this system has been able to deliver telephone networks to all the countries in the world, and the industry can be proud of that achievement... However technology and knowledge have progressed... more

Opinion: UK Moving Quickly Down the Slippery Slope…

Admittedly, I'm a not Johnny-come-lately with regards to surveillance, intelligence, telecommunications, network security, law enforcement, and a cross-pollination of all-of-the-above. I actually have a very colorful background of working within all of the aforementioned disciplines - at one time or another - either through the U.S. Military, U.S Government contractors, private industry, etc. ... And unfortunately, I am not generally "shocked" very often by much of the abuses being perpetrated on unwitting Internet users, both by supposedly "trusted" entities (e.g. Democratic Governments, ISPs, etc.) more