Policy & Regulation

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Internet Governance: The Proof Is In The Pudding

"ICANN remains the frontier institution and the test case for global governance in the IT sector," writes Zoe Baird in an article in the November-December 2002 issue of "Foreign Affairs". Baird is the President of the Markle Foundation. Her article "Governing the Internet: Engaging Government, Business and Nonprofits" appears in "Foreign Affairs", a magazine usually devoted to the discussion of American foreign policy interests.

The opening line of the article is striking. "The rapid growth of the Internet," Baird writes, "has led to a worldwide crisis of governance." On the surface, a serious problem has been identified. There is the promise of a fruitful discussion to follow. more

To Flat or To Cap?

I don't think it's a surprise to anyone, but it's the Christmas season again and doubtless a large number of television sets will be sold as part of the annual retail festivities. But these days the devices for sale in the shops are not just televisions: today's television is perhaps better described as a media computer with a very large display. Sure, the device can tune in to radio transmissions and display them... but the device also is equipped with either a WiFi or an Ethernet jack, or both. This alone sounds like a relatively innocuous addition to the television, but it's providing to be a highly disruptive change in the traditional Internet market space. more

TLD Domain Abuse: Threat Report - First Half 2011

When it comes to building a robust globe-spanning network of crimeware and making the victims dance to a tune of the cyber-criminals' choosing, you're guaranteed to find domain name abuse at the heart of the operation. DNS provides the critical flexibility and underlying scalability of modern command-and-control (C&C) infrastructure. Cyber-criminals that master DNS (and manage to maintain the stream of new domain registrations that keep it fed) tend to find themselves in command of the largest and most profitable crimeware networks. more

WannaCry: Patching Dilemma from the Other Side

WannaCry, originated firstly in state projects but spread by other actors, has touched upon myriads of infrastructure such as hospitals, telecommunication, railroads that many countries have labelled as critical. IT engineers are hastily presenting patching codes in various localized versions. The other patch needed, however, is more than technical. It is normative and legislative. The coding of that patch for a situation like this is in two layers of dilemma. more

A Clear Case for ISP Regulation: IP Address Logging

Over on the Network Neutrality Squad yesterday, I noted, without comment, the following quote from the new Time Warner Cable privacy policy bill insert: "Operator's system, in delivering and routing the ISP Services, and the systems of Operator's Affiliated ISPs, may automatically log information concerning Internet addresses you contact, and the duration of your visits to such addresses." Today I will comment, and explain why such logging by ISPs creates a clear case for regulatory intervention, on both privacy and competition grounds. more

Spectrum Crisis: Wireless Auctions Preferred Method

Talk, conjecture and analysis have predicted a wireless spectrum crisis for years. The official word seems to project a culmination of dropped calls, slow loading of data, downright network access denials as impending by 2015. If so, then we should look at the current argument about how that additional spectrum can be disseminated to wireless carriers in a fair and balanced fashion. more

A Digital ‘Red Cross’

A look into the past reveals that continuous developments in weaponry technology have been the reason for arms control conventions and bans. The banning of the crossbow by Pope Urban II in 1096, because it threatened to change warfare in favour of poorer peasants, the banning of poisoned bullets in 1675 by the Strasbourg Agreement, and the Geneva protocol banning the use of biological and chemical weapons in 1925 after world war 1, all prove that significant technological developments have caused the world to agree not to use certain weapons. more

A Threat to Europe’s Digital Human Rights Stewardship

In a contemporary era when the human rights, democracy, and the rule of law are under attack, Europe has asserted itself as the leading global digital steward for maintaining those values. However, doing so through its Digital Sovereignty initiatives is significantly dependent on the ability to produce timely technical standards that underpin the implementing legislation. more

The Defense Department Opening Large Areas of Mid-Band Spectrum to Help US Compete With China in 5G

On Monday, the Trump administration announced plans to auction off 100 megahertz of mid-band spectrum dedicated initially to military purposes for commercial use starting in mid-2022 to fuel 5G network deployment in the United States. more

Beyond NETmundial: Initiative or Inertia?

The April NETmundial meeting was a seminal event in the history of Internet Governance. Fears that the meeting might fail to reach consensus were not realized. Instead, the participants achieved a high degree of harmony -- the "Spirit of NETmundial" -- that resulted in issuance of a consensus Statement that, while lacking in precise detail, was effused with positive energy. Since that meeting there has been considerable discussion within the Internet Governance (IG) community as to what lessons have been learned from NETmundial, and how its work might best be carried into the future. more

New TLD Spotted - .FUD

In politics, as in Internet policy, the most effective weapons are also the oldest. So when it came time for hard-line intellectual property advocates to make a desperate last stand against the new gTLD program, it came as no surprise they turned to the atomic bomb of rhetorical devices: FUD. FUD stands for "fear, uncertainty and doubt" and it is the tool of last resort when change is coming and you want to stop it. The theory is simple: the human response to fear is to cling to what's familiar and oppose what's new. So if you can scare enough people about the potential effects of a new policy or law, you stand a pretty good chance of preventing it from ever going into effect. more

Policy Failure Enables Mass Malware: Part I (Rx-Partners/VIPMEDS)

This is the first in a series of releases that tie extensive code injection campaigns directly to policy failures within the Internet architecture. In this report we detail a PHP injection found on dozens of university and non-profit websites which redirected visitor's browsers to illicit pharmacies controlled by the VIPMEDS/Rx-Partners affiliate network. This is not a unique problem, however the pharmacy shop sites in question: HEALTHCUBE[DOT]US and GETPILLS[DOT]US should not even exist under the .US Nexus Policy. 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

State Hacking: Do’s and Don’ts, Pros and Cons

Over the past days a lot has been said and written on counter hacking by enforcement agencies. The cause is a letter Dutch Minister I. Opstelten, Security & Justice, sent to parliament. Pros and cons were debated and exchanged. Despite the fact that I perfectly understand the frustration of enforcement agencies of having to find actionable data and evidence that gets criminals convicted in a borderless, amorphous environment, a line seems to be crossed with this idea presented to Dutch parliament. Where are we? more

Verisign vs. ICANN: More at Stake than Sitefinder

It's easy to dismiss Verisign's antitrust suit as a ploy to push through Sitefinder. But whether one loves Sitefinder or hates Sitefinder, the complaint raises a much more significant issue that won't go away even if ICANN lets Verisign roll out Sitefinder. At the heart of Verisign's complaint is the lack of any definable process for decisionmaking, and its a complaint shared by others. A settlement between Verisign and ICANN that does not create a clear process for decisionmaking at ICANN that includes trustworthy independent review will merely delay the inevitable. Eventually, some other party will become just as frustrated and again challenge ICANN -- either in U.S. court or by enlisting the help of the U.S. Commerce Department, non-U.S. governements, or multinational treaty organizations. ICANN must recognize that the days of ad hoc decision making based on realpolitick must end and give way to stable processes that ICANN staff cannot control. more