Policy & Regulation

Internet Governance Survey: What You Told Us

What do people perceive to be the top issues facing the Internet today? How can stakeholders work more effectively together to strengthen the governance mechanisms meant to address these issues? And when it comes to the Internet Society, what should our role be and where should we focus our attention? To help inform our work in Internet governance, we posed these and other questions to our community in February. We had an overwhelming response with over 800 people taking a few minutes of their time to answer our survey. more

Tackling Cyber Security: Should We Trust the Libertarians? Part 2

A couple of months ago, I wrote a post posing the question of whether or not more government regulation is required in order to secure the Internet. On the one hand, anonymity is viewed in the west as a forum for freedom of speech. The anonymity of the Internet allows dissidents to speak up against unpopular governments. However, the anonymity afforded by the Internet is not so much by design as it is byproduct of its original designers not seeing how widespread it would eventually become. more

The ICANN Board by the ICANN Board

A self-appraisal of the ICANN Board has just been posted on the organization's website. In it, Board members rate 89 different measures of their own performance according to a seven-measure rating from "strongly agree" to "strongly disagree". Unfortunately, despite plenty of figures in the documents, there is zero analysis of what this all means, so I have gone through them and prepared one. more

TMCH Review Recommends Status Quo

On July 25th ICANN announced the publication of the Draft Report of the Independent Review of the Trademark Clearinghouse (TMCH). This study was coordinated for ICANN by the Analysis Group, in conjunction with researchers from the Center for Internet and Society at Stanford as well the University of Pennsylvania's Wharton School... while public comments on the draft report will be accepted through September 3rd, this Report was triggered by GAC concerns expressed before the Applicant Guidebook for the new gTLD program was even completed, and is not the work product of a GNSO-created working group and therefore will not directly result in the establishment of any new ICANN policy. more

From Crisis to Resilience - the Path to Sustainable Communications Infrastructure in the Caribbean

The Caribbean suffered six major storms in 2017, including the record-breaking Category 5 hurricanes Irma and Maria. In the unprecedented destruction, the islands of Dominica and Barbuda lost all communication and telecommunications service, and eight other Caribbean countries were severely disrupted. Each hurricane season wreaks greater devastation than the last, yet decreased telecommunications competition, inadequate regulation, and high national debt burdens in the region yield ever-diminishing infrastructural investment. more

ICANN New gTLD Auctions - Apparently No Antitrust Concerns?

There has been much discussion in ICANN circles concerning auctions to resolve new gTLD contention sets. This article summarizes the discussion and events to date, and suggests there should be little worry for applicants seeking to resolve their contention sets via private auction, rather than ICANN's "last resort" auction. more

FCC Gives Google, Sony and Others Full Authorization for Commercial Deployment of 3.5 GHz Spectrum

The U.S. Federal Communications Commission (FCC) on Monday announced it is allowing full commercial use of 3.5 GHz band for broadband connectivity and 5G. more

Does the Internet Need “Governance”?

It's remarkable to me that there are now two powerful agencies fighting to "govern" the Internet -- the ITU and the FCC. On any given day, it's hard to tell whether they are on the same side or different sides. The ITU process apparently began in earnest with the World Summit for the Information Society (WSIS) meetings, where the concept of "Internet Governance" became an urgent goal. The FCC process began when incumbent Internet Access Providers (IAPs) argued that "Net Neutrality" was a stalking horse for government control... more

FTC Comment Period Emphasizes the Need for a Better WHOIS System

Late last year, the U.S. Federal Trade Commission - the governmental arm responsible for protecting Americans from unfair trade practices -- opened a comment period on a proposed "Trade Regulation Rule on Impersonation of Governments and Businesses." It's no surprise that those who are victims of or are battling online impersonation saw this as an opportunity to highlight the importance of a working domain name registration data system ("WHOIS") ... more

Shadow Regulations and You: One More Way the Internet’s Integrity Can Be Won

Even those who care about net neutrality might not have heard of the aptly-called Shadow Regulations. These back-room agreements among companies regulate Internet content for a number of legitimate issues, including curbing hate speech, terrorism, and protecting intellectual property and the safety of children. While in name they may be noble, in actuality there are very serious concerns that Shadow Regulations are implemented without the transparency, accountability, and inclusion of stakeholders necessary to protect free speech on the Internet. more

NTIA Directs Smoke Signals Toward LA

On September 25th-26th the Cross Community Working Group developing enhanced accountability measures to accompany the IANA functions transition, and replace the "backstop" role played by the U.S., will meet in Los Angeles to review the 90 comments filed on their second draft Proposal and consider responsive modifications... As NTIA will be the primary evaluator of whether the transition & accountability package that is eventually forwarded by ICANN meets the criteria it set when it announced the transition in March 2014, CCWG participants in LA will be carefully reading the tea leaves of this latest NTIA statement. more

Freedom of Expression Part 4: Censorship, COVID-19, the Media and Assault on Freedom of Expression

As I write this, it is World Holocaust Day, 27th January 2021, a memorial of the atrocious events that shocked and outraged the conscience of humanity and gave birth to the Universal Declaration of Human Rights in 1948, the year that Holocaust victims majority of whom were Jews re-established the nation of Israel. Most of us can never begin to imagine the extent of the atrocities but relive the experiences through movies or documentaries, including but not limited to Spielberg's 1993 Schindler's List... more

The Effects of the Forthcoming FCC Privacy Rules on Internet Security

Last week, the Federal Communications Commission (FCC) announced new privacy rules that govern how Internet service providers can share information about consumers with third parties. One focus of this rulemaking has been on the use and sharing of so-called "Consumer Proprietary Network Information (CPNI)" - information about subscribers - for advertising. The Center for Information Technology Policy and the Center for Democracy and Technology jointly hosted a panel exploring this topic last May... more

Canadian Prime Minister Justin Trudeau Says FCC’s Roll Back Plan on Net Neutrality Makes No Sense

Canadian Prime Minister Justin Trudeau on Wednesday told reporters that President Donald Trump's plan to roll back net neutrality protections for the internet "does not make sense". more

Is Sharing the Answer to .BRAND Top Level Domain Disputes?

In opening up for the .BRAND top level domain, ICANN has artificially created a scarce resource of great commercial value. Indeed, the values of the .BRAND TLDs may be astronomical due to the investments made by the companies that own the trademarks represented in the .BRAND TLD. While the above is interesting in its own right, I will here focus specifically on how we deal with situations where more than one company has a legitimate trademark interest in a particular .BRAND TLD. more