Policy & Regulation

Consumer Trust? Not at ICANN Compliance

Every person and every entity must have a philosophy if they are to be successful. Consumer trust is one of the key issues at the heart of keeping the Internet open as well as prosperous. The ICANN Affirmation of Commitments was signed in 2009 and has been the guiding principle for ICANN's activities going forward. The title of section 9.3 is Promoting competition, consumer trust, and consumer choice. This section is in essence the embodiment of the commitment of ICANN. more

Putting String Similarity into Context: Bulgaria’s IDN (.??) vs. Brazil’s ccTLD (.br)

Bulgaria is a nation which is directly impacted by the current Fast Track automatic disqualification when Top-Level Domain (TLD) strings are "confusingly similar" to other TLDs, in this case an Internationalized Domain Name (IDN) country code Top-Level Domain (ccTLD). Bulgaria has already been declined twice (in late 2009, and in May of 2010) to register the *.?? Cyrillic IDN on the premise that it looks confusingly similar to Brazil's *.br ASCII TLD. Being a native Bulgarian, I did not see how these two strings are similar more

NIS 2.0 and Its Impact on the Domain Name Ecosystem

I recently appeared on the 419 Consulting podcast to discuss the European Union's NIS 2.0 Directive and its impact on the domain name ecosystem. I encourage all TLD registries, domain name registration service providers, and DNS operators to listen to the recording of that session which Andrew Campling has made available. more

Demystifying Art. 28 NIS2

On December 14, 2022, the European Parliament adopted the Directive on measures for a high common level of cybersecurity across the Union (Directive (EU) 2022/2555) hereinafter referred to as "NIS2"), which was published in the official journal on December 27, 2022. Being a directive, NIS2 requires transposition into national law. According to Art. 41 of NIS2, the transposition into national law must take place by October 17, 2024 and the measures must be applied as of October 18, 2024. more

Forgotten Principles of Internet Governance

Suddenly internet governance has become a hot topic. Words and phrases fly back and forth but minds rarely meet. We do not have discussion, we have chaos. We are not moving forwards towards a resolution. It's time to step back and review some basic principles. 1. Principle: The internet is here to serve the needs of people (and organizations of people); people are not here to serve the internet. Corollary: If internet technology does not meet the needs of users and organizations than it is technology that should be the first to flex and change. more

FBI Pushing Plans to Force Surveillance Backdoors on Social Networks, VoIP, and Email Providers

Declan McCullagh reporting in CNET: "The FBI is asking Internet companies not to oppose a controversial proposal that would require the firms, including Microsoft, Facebook, Yahoo, and Google, to build in backdoors for government surveillance. In meetings with industry representatives, the White House, and U.S. senators, senior FBI officials argue the dramatic shift in communication from the telephone system to the Internet has made it far more difficult for agents to wiretap Americans suspected of illegal activities..." more

ICANN Board: You Got It Right. Then You Got It Wrong. Now, Get It Right Again.

The ICANN Board has itself in a pretty pickle. The Governmental Advisory Committee (GAC) Consultancy with the Board in Brussels was an apparent non-starter. After hundreds of man-hours' worth of comments provided by the Intellectual Property Constituency (IPC), the Board continues to claim that it lacks sufficient information on trademark issues in order to respond to concerns. more

FCC Approves White Space for Broadband in Unanimous Vote

The Federal Communications Commission (FCC) today approved, in a 5-0 unanimous vote, the plan to open up unused, unlicensed portions of TV white space spectrum for wireless applications and devices. However, to prevent interference, FCC has also placed some "rigorous certification process" which device offered by a technology company for use on the white spaces will have to go through. more

China Continues to Add 30M Broadband Subscribers Per Year

China continues to add broadband subscribers at a rate of about 30M per year. MIIT puts the January growth at 2.5M to a total of 152.5M. Of those, about 1.5M were DSL. They don't release fiber counts, but Jeff Heynen of Infonetics is reporting tens of millions of lines of fiber gear are in the pipeline. China has been consistently at 2-3M net adds per month. Two key policy moves are likely to maintain or even increase the growth rate. more

The Ever-Evolving Problem of DNS Abuse

For several years, many within ICANN circles have raised concerns about the escalating nature of domain name system (DNS) abuse. While some strides were made toward a safer DNS, new data - this time from a comprehensive study of DNS abuse by the European Union - demonstrates that abuse remains a frustratingly obstinate problem that requires urgent attention. We've seen some registries and registrars testing innovative industry-led initiatives in an effort to address the issues. more

FCC’s Comcast Ruling Inconsistent and Incoherent

After voting on the Comcast order today, Kevin Martin and his Democratic Party colleagues issued press releases telling us how they saved the Internet from Comcast's discriminatory practices, but they've failed to release the actual order they adopted and subsequently re-wrote. Commissioner McDowell wasn't allowed to see the revised order until 7:00 PM the night before the meeting. Rumor has it that high-level spin doctors are still trying to remove all the rough edges, inconsistencies, and factual errors. more

Copyright Infringement and ccTLDs

.tk was once designated as the riskiest ccTLD. .ru is often said to be, after .com, the most used in the content of spam messages. But is there a ccTLD that is a favorite destination for copyright infringement? The question is worth asking in view of the growing trend for .com domain names seizures related to copyright infringement. more

The London Process Arrived in Budapest: Another Travel Circus for the Internet Community?

The Budapest Conference on Cyberspace brought together nearly 20 heads of states and ministers plus 700 high level experts from various stakeholder groups from 60 countries. However, after two days of discussion there is less clarity where the so-called "London Process" - established by the British Foreign Minister William Hague in November 2011 in London - will go. The next meeting is scheduled for October 2013 in Seoul. Another flying circus for another Internet Governance talking shop? more

Out of .Africa - Process Failures Don’t Change the Facts

Posted here on behalf of DotConnectAfrica Trust as rejoinder and reply to Andrew Mark's recent article... In his article, Mr. Mark tried to re-frame the ongoing discussions and commentary about DCA Trust's recent IRP victory against ICANN as one about "requisite support for geographic string" to assist him reach the biased conclusion that ZACR's bid has the required support to run .Africa whilst DCA Trust's bid does not. more

Nations at WSIS Better Off with an ICANN-Like Structure

There is much talk currently about the WSIS meeting taking place in Geneva this week which means some needed attention is being paid to Internet governance. While some may view the term "Internet governance" as an oxymoron and my natural reaction is something along the lines of "I hope that they continue to view regulation as too complicated so that we Internet-folks can just keep doing what we are doing" I confess to knowing deep down that we would all be better off with a simple, effective policy framework than with the current anarchic state. more