Policy & Regulation

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Freedom of Expression Part 2: Blocking, Filtering and Removing Online Content

The Internet is a catalyst for what has revolutionised and transformed human societies in giving extraordinary access to information that has catapulted development and economic growth. It also comes with threats of exploitation by those who wish to do harm. In Part 1 of these series, we looked at how Twitter banned Graham Linehan for his tweet where we saw that to an extent, it was justifiable under Californian law but that a Judge in the Fiji courts would disagree with. more

Trademarks for TLDs

The United States Patent and Trademark Office (USPTO) has recently circulated proposed examination guidelines to allow the USPTO to begin providing Trademark Protection for Top Level Domains (TLDs). This is an important new development. TLDs today are currently ineligible for Trademark protection on the basis that they do not constitute a source-identifying mark. The USPTO is currently in the process of rectifying this situation by extending Trademark protection to Registry Service providers and has released its proposed examination procedures for that purpose. However, there are some very concerning elements to their proposed examination guidelines. more

Ukraine: What Are the Likely Implications for Norms and Discussions in Cyberspace?

The invasion of Ukraine by Russia on 24 February, and the events since, have shocked and horrified the world. The immediate focus must be on protecting the safety, security and human rights of the Ukrainian population. But we can already see how the war will also impact broader global events, discussions and behaviour, particularly relating to the digital environment. more

Mandatory Provision of Abuse Contact Information in WHOIS

An industry professional at Abusix is the backbone behind a proposal to improve and create better mitigation of abuse across different global internet networks. Basically, this introduces a mandatory "abuse contact" field for objects in global Whois databases. This provides a more efficient way for abuse reports to reach the correct network contact. Personally - as a Postmaster for a leading, white-label ISP, I applaud this with great happiness for multiple reasons. I also feel people who handle abuse desks, anti-abuse roles, etc. should closely follow this. more

Slippery Territory: IOC and Red Cross in the New gTLD Program

We know from life: There is no rule without exception. The problem is, exceptions create space for interpretations and have the risk to undermine the rule. Take Article 19 of the International Covenant on Political and Civil Rights from 1966. Article 19, paragraphs 1 and 2 define the individual right to freedom of expression. Paragraph 3 adds some exceptions where this right can be restricted to protect, inter alia, national security and public order. This is an understandable justification for a restriction, but it opens the door for misuse... more

IP Address Information Misused by Authorities Says EFF, Not Enough to Justify Police Raids

"Law Enforcement, Courts Need to Better Understand IP Addresses, Stop Misuse," says EFF in whitepaper released on Thursday. more

A Short-Term Suspension of GDPR Enforcement on WHOIS May Be Necessary, Says U.S. Government

Implementation of European Union's General Data Protection Regulation, or GDPR, is a major concern of our government, said David Redl during a meeting held on Thursday in Washington DC. more

ICA Posts Position Paper and Analysis of Snowe “Anti-Phishing” Legislation

The Internet Commerce Association (ICA) has posted a position paper and analysis of S. 2661, introduced on 2/25/08 in the US Senate. While we are firmly opposed to phishing and other criminal activities that may utilize domain names we are very concerned about the provisions of the proposal that appear to provide trademark owners with a means to avoid both UDRP and ACPA actions and alternatively bring private claims against domain names with a lower burden of proof and the potential for far higher monetary damages, without even requiring an allegation that the DN was in any way being utilized in a phishing scheme... more

Is IPv6 a Boon to Criminals and Foe to the FBI?

Declan McCullagh recently opined that the "FBI [and the] DEA warn [that] IPv6 could shield criminals from police." His post was picked-up relatively widely in the past few days, with the headlines adding more hyperbole along the way. So just how real is this threat? Let's take a look. more

The EU AI Act: A Critical Assessment

The proposed new European Union (EU) Artificial Intelligence Act has been extolled in the media as a bold action by a major legislative body against the perceived dangers of emerging new computer technology. The action presently consists of an initial proposal for a Regulation with annexes from 2021, plus recent Amendments adopted on 14 June. This regulatory behemoth exists entwined among a multitude of other recent EU major regulations... more

Is ICANN Running a Racket?

On March 13, 2019, I published an article on CircleID, Portrait of a Single-Character Domain Name, that explored the proposed release and auction of o.com, a single-character .com domain name that was registered in 1993 and assigned to the Internet Assigned Numbers Authority (IANA) by Dr. Jon Postel. Although the National Telecommunications and Information Administration (NTIA) has since raised serious objections... more

“It’s The Internet Stupid” ...I Respectfully Disagree

Today, in response to "It’s The Internet Stupid", Richard Bennett highlights (on the IP List) something I've noticed even among other advocates of 'Net Neutrality' (and how I've come to detest the term after its widespread and misguided overuse). Legislating against the concepts of Deep Packet Inspection (DPI) or other preferential treatment of packets is not the brightest thing to do. I've seen others draw analogies to gun control using the 'guns don't kill people' argument... more

SpaceX’s Starlink Service in Cuba Would Benefit the Cuban People, SpaceX and the US

SpaceX has begun the process of securing licenses to operate its Starlink Internet service in the Caribbean. I don't know which nations they are considering, but would advise them to seriously consider Cuba -- Starlink service in Cuba would benefit the Cuban people, SpaceX, and the US. What's in it for Cuba? Fixed home and commercial connectivity in Cuba are limited, slow, and expensive, but they do have shared connectivity... more

Whois Scared?

Every time I witness another argument about changing the rules of the Whois system I marvel at how such an important core internet protocol could be so widely misunderstood. I don't mean that the protocol's technical details are not well understood -- it's a very simple device, easy to implement correctly and easy to use even for new users. I mean that the Whois system itself and its purpose in the Internet ecosystem is widely misunderstood. Everybody uses Whois and lots of people argue about Whois but precious few folks know why Whois exists in the first place. more

CENTR Has Released an Animated Video on ccTLDs and Their Technical Role Concerning Content

Due to increased legislative interest in this topic, CENTR says there is a pressing need for comprehensive educational material on the technical capabilities of the DNS, ccTLDs and their role in the internet ecosystem. more