Policy & Regulation

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

“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

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

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

Political Email Placement or, You’re Not Special

A recent piece in The Markup called Swinging the Vote? attempts to figure out how Google decides where to deliver political e-mail. They were startled to discover that only a small fraction of it was delivered into the main inbox, and a fair amount was classed as spam. They shouldn't have been. This is an example of the fallacy We're so nice that the rules don't apply to us, which is far too common among non-profit and political mailers. more

USG Provides First Official Statement on Montevideo, Brazil, and ITU Plenipotentiary

The United States government (USG) has provided its first official reaction to the October 2013 Montevideo Statement issued by organizations responsible for coordination of the Internet technical infrastructure, the upcoming April Internet governance conference in Sao Paulo, Brazil , as well as other matters related to Internet governance -- including the ITU Plenipotentiary meeting scheduled for October in Busan, South Korea. more

Medical Body Area Networks

The Federal Communications Commission (FCC) in Washington has advanced its wireless health care agenda by adopting rules that will enable Medical Body Area Networks (MBANs), low-power wideband networks consisting of multiple body-worn sensors that transmit a variety of patient data to a control device. MBANs provide a cost effective way to monitor every patient in a healthcare institution, so clinicians can provide real-time and accurate data which allows them to intervene if necessary. more

New gTLDs and the 1%

While Occupy Wall Street and other groups representing the so-called 99% are getting most of the press, the 1% is raising its profile as well, at least when it comes to gTLDs. They are complaining that introducing global choice and competition to the Internet will cost them money. The chief of the Association of National Advertisers (ANA) now says that it has "spent the last few months" considering the new gTLD program, and has found it lacking. They want ICANN to shut the whole thing down. 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

A Targeted Blueprint for Tackling DNS Abuse

The NetBeacon Institute is pleased to publish its White Paper: Proposal for PDPs on DNS Abuse. We created this paper to support and advance ICANN Community discussions on potential policy development related to DNS Abuse. From our unique perspective, we believe there are a number of issues that are constrained enough to be a successful ICANN PDP and can make a meaningful difference in our collective work against DNS Abuse. more

Voluntary Reporting of Cybersecurity Incidents

One of the problems with trying to secure systems is the lack of knowledge in the community about what has or hasn't worked. I'm on record as calling for an analog to the National Transportation Safety Board: a government agency that investigates major outages and publishes the results. In the current, deregulatory political climate, though, that isn't going to happen. But how about a voluntary system? more

Catalan Government Claims Spanish Online Censorship Breaching EU Laws

The Catalan government has written to the European Commission claiming that the Spanish government is in breach of EU law. In a letter from Jordi Puigneró Secretary of Telecommunications, Cybersecurity and the Digital Society at the Government of Catalonia addressed to Andrus Ansip, European Commissioner for Digital Economy and Society, the Catalan government calls out the moves by the Madrid government as censorship. more

Internet Society Releases Paper on “What Really Matters About the Internet”

Internet Society has released a paper today highlighting the importance of understanding what is important and unchanging about the Internet. more

Developing Internet Standards: How Can the Engineering Community and the Users Meet?

There is currently a discussion going on between Milton Mueller and Patrik Fältström over the deployment of DNSSEC on the root servers. I think the discussion exemplifies the difficult relation between those who develop standards and those who use them. On the one hand, Milton points out that the way the signing of the root zone will be done will have a great influence on the subjective trust people and nation states will have towards the system. On the other hand, Patrik states that "DNSSEC is just digital signatures on records in this database". Both are right, of course, but they do not speak the same language... 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