Policy & Regulation

Policy & Regulation / Most Viewed

As WGIG forms, Ideas about Defining its Scope Circulate

The Internet Governance Project (IGP) issued a set of reports analyzing the current "state of play" in Internet governance. The reports were commissioned by the United Nations ICT Task Force as an input into the deliberations of the UN Secretary-General's Working Group on Internet Governance (WGIG). The report identifies the international organizations and agreements affecting the Internet, and points out where there are conflicts and gaps. more

Fadi’s Resignation, Sepp Blatter’s Resignation - Others Should Consider Resigning as Well…

Fadi Chehade, the incumbent President and CEO of the Internet Corporation for Assigned Names and Numbers (ICANN), on 21 May 2015 announced his intention to leave ICANN by March 2016. No actual reasons were given for his summary and unexpected decision to stop being the head of an organization that he has led since 2012 -- against the background that Fadi Chehade had recently received an ICANN Board-approved contract extension up till 30 June 2017; together with a slate that has a long list of things to do with many uncompleted assignments. more

Free, Slow, Censored Internet: A Bad Idea

The FCC is looking for an organization to provide free, slow, and censored Internet access. The censorship apparently would include email as well as websites. According to an article in today's Wall Street Journal: "Outgoing Federal Communications Commission Chairman Kevin Martin is pushing for action in December on a plan to offer free, pornography-free wireless Internet service to all Americans, despite objections from the wireless industry and some consumer groups [nb. and from me]... The winning bidder would be required to set aside a quarter of the airwaves for a free Internet service [nb. the WSJ hasn't got that part quite right]." more

Holocaust Remembrance Day

Today is Holocaust Remembrance Day. Today we remember that the Nazis rounded up Jews, Roma, political dissidents, and other "undesirables" using the best data and technology of the day and sent them off to concentration camps. We don't normally deal with this type of political reality in ICANN, but now is the time to do so. In 1995, the recently formed European Union passed the EU Data Protection Directive. more

WHOIS Review and Beyond 3.7.8

We have posted our support of the WHOIS Policy Review Team Report with two important comments. First, on page 79 of the report it is confirmed that the RAA is unenforceable on WHOIS inaccuracy (we wrote about this while at the last ICANN meeting) because the language of RAA 3.7.8 has no enforcement provision. It is now time for ICANN to confirm this problem officially.  more

Internet Governance and the Universal Declaration of Human Rights, Part 6: Articles 18-19

Internet Governance, like all governance, needs guiding principles from which policy making, and acceptable behavior, are derived. Identifying the fundamental principles to guide Internet ecosystem policy making around digital citizenship, and around the integrity of digital practices and behavior, can and should start with the Universal Declaration of Human Rights, (UDHR). more

Is ICANN’s .IR Response at Odds with the ACPA and ICE Domain Seizures?

An initial review of ICANN's response to litigation seeking it to turn over control of the ccTLDs of Iran, Syria and North Korea led to the conclusion that it had opened a "legal can of worms". A few more just wriggled out, and they threaten the basic assumption that underlies the U.S. statute governing cybersquatting and the practices engaged in by Federal officials seizing domain names engaged in intellectual property infringement. more

Domain Name Registry-Registrar Vertical Separation: The Economic, Anti-Trust Red Herring

ICANN has operated on the fundamental principle that there should be separation within the domain name marketplace between registries (wholesale) and registrars (retail). This fundamental principle has been a pillar upon which ICANN has provided registrants (consumers) with increased choice, innovation, and price savings. Therefore it was with great surprise when ICANN staff unilaterally undertook this initial vertical separation analysis through exclusive consultation with ICANN contracting parties (registrars and registries), while totally excluding non-contracting parties (individual, business and non-commercial registrants)... more

Why Senator Stevens is Right on Net Neutrality

Several people emailed me about the actual things the senator said and why he is off-base. I decided to listen to his speech again, and write down the points I believe are critical. Senator Stevens who everyone is dissing on for his speech on Net Neutrality in my book spoke nothing less than brilliant. I will also tell you, in my opinion, exactly why... He nailed down the subject into the point that matters: Business. It's about profit. more

Digital Culture Wars: Donald Trump’s “Make America Great Again” and China’s Social Credit System

We are on the cusp of a grave risk where unscrupulous groups with various agendas are using digital technologies to wage cultural war to stamp out dissent and gain control and power. The two most prominent recent examples are Donald Trump's "Make America Great Again" (MAGA) and China's Social Credit System (SCS). The following piece was prompted by work on the UDHR and Internet Governance series, for CircleID to deal with UDHR Article 27 and the role of culture, arts, and science in the life of the community.  more

Recent COPA Ruling Shedding Light on Usefulness of XXX as Voluntary Self Regulatory Vehicle?

ICM Registry applauds the decision yesterday of Judge Lowell Reed of the United States District Court for the Eastern District of Pennsylvania in ACLU v. Gonzales to permanently enjoin enforcement of the Child Online Protection Act ("COPA"). Praising Judge Reed's meticulously documented opinion, ICM Registry President Stuart Lawley said, "This continues the unbroken chain of court decisions in the U.S. upholding free expression on the Internet, and it underscores the superiority of voluntary measures that empower users to select content compared with government regulations." Lawley concluded, "Now, more than ever, it underscores the need for ICANN to approve the proposal for a voluntary .xxx domain as another alternative to government regulation." more

A Few Thoughts on the Future of Email Authentication

With the Online Trust Alliance Town Hall Meeting and Email Authentication Roundtable next week as well as the RSA Conference, I decided to pause and think about where we are and where we might be headed with regard to email authentication. Over the years, many of us have collectively worked to provide a framework for authenticating email... more

The FCC White Space Regulations: Pretty Good at First Look

My prediction is that LTE and WiMAX are toast. The new great thing will be WRANs (wireless regional area networks). WRAN's will extend and eventually subsume WiFi. The detailed regulations which implement the FCC decision to free the spectrum formerly known as TV white spaces have now been released. They look pretty good from the point of view of someone who believes the unlicensed use of this spectrum has the potential to make a huge difference in the way the world communicates. more

A Sustainable Framework For The Deployment Of New gTLDs

At the Fourth Annual Meeting of the ICANN Board in Amsterdam, the ICANN Board asked the DNSO Names Council (who have since become "the GNSO Council") to provide the Board with advice and input on the issues that surround the creation of new generic top-level domain names. Based on the Council's publicly documented conversations thus far, it is becoming clear that Council is moving in directions that do not seem to be consistent with the continued health of the namespace or development of a competitive market for registration and DNS services. more

Breaking: U.S. Government Funding Bill Delays IANA Transition

On the evening of Tuesday, September 9th, Congressional leaders unveiled a 1,603 page, $1.01 trillion FY 2015 appropriations bill to fund the U.S. government through the end of September 2015. One provision of the omnibus bill would delay the IANA transition until after the September 30, 2015 expiration of the current contract between the NTIA and ICANN. more