Policy & Regulation

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New gTLDs and Their Hidden Costs: Part 2

In my last post I discussed some questions that remain about ICANN's generic Top-level Domain (gTLD) budget. Today I discuss the rights protections mechanisms as they currently appear. An economic study commissioned ICANN to analyze the new gTLD process recently concluded that "the biggest likely costs" of approving new gTLDs are "consumer confusion and trademark protection." more

From Connecting Computers to Connecting Stakeholders: Stanford Univ. Hosts NetMundial Initiative

1974, Bob Kahn and Vint Cerf checked in the Crown Plaza Hotel in Palo Alto, worked a couple of days and presented to the world the TCP/IP protocol. Stanford hosted one of the four computers connected on equal footing (ARPANET) in 1969... A framed document in the hotel lobby remembers the historic moment. On March 31, 2014 a crowd of about 30 people from all over the world checked in the same Crown Plaza hotel for the first working meeting of the new Coordination Council (CC) of the NetMundial Initiative (NMI). more

Internet Management and National Security: Time for a Federal Action Plan

Former CIA Director George Tenet recently gave a speech highlighting the need for federal action on internet management in order to protect national security. As reported by the online edition of Government Executive, Mr. Tenet explained that, "greater government regulation of the Internet and telecommunications networks is needed in order to guard against terrorist attacks." 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

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

UDRP Good for Trademark Protection, Not So Good for Political Process

Social Science Research Network has published a paper examining "the large gaps and inconsistencies in current domain name law and policy" as compared with domain name use in the political context. The paper suggests that the current domain name policy is focused on protecting trademark uses of domain names against bad faith commercial 'cybersquatters' but does not deal with protecting use of domain names as part of the political process. more

ICANN Board Resolutions May Enable New gTLDs to Potentially Launch in Fall

In an attempt to appease the Governmental Advisory Committee, ICANN's New gTLD Program Committee directed ICANN staff to amend the Registry Agreement so that all New gTLD Registries will be required to include a provision in its Registry-Registrar Agreement that requires Registrars to include in their Registration Agreement a provision prohibiting Registered Name Holders from distributing malware, abusively operating botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activity contrary to applicable law, and providing (consistent with applicable law and any related procedures) consequences for such activities including suspension of the domain name. 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

Will VeriSign Be Able to Engage in Tiered Pricing for .com Soon?

According to the draft of new Generic Top-level Domains (gTLD) contracts for Section 7.3, "Price controls have been removed for 2008 in favor of the transparent pricing model outlined above." Section 3.2.b) of the .com registry agreement states: "ICANN shall not apply standards, policies, procedures or practices arbitrarily, unjustifiably, or inequitably and shall not single out Registry Operator for disparate treatment unless justified by substantial and reasonable cause." In my opinion, VeriSign (and other existing gTLD operators) are almost being invited to ask for their contracts to be amended... more

Spam Fighting: Lessons from Jack Bauer?

As I blogged about several months ago, as did numerous other anti-spam bloggers, David Ritz was sued by Jeffrey Reynolds and a judge in North Dakota agreed with Reynolds. At the heart of the case was that Ritz engaged in anti-spam activities using techniques known only to a small subset of advanced computer users, and used these techniques maliciously against Reynolds... Back in the olden days of spam fighting, some anti-spammers used to use malicious techniques against spammers in order to shut them down... more

WHOIS Users Facing Serious Challenges Caused by Post-GDPR Fragmentation

On May 25, 2018, the European General Data Protection Regulation (GDPR) came into effect, meaning that European data protection authorities (DPAs) can begin enforcing the regulation against non-compliant parties. In preparation, the ICANN Board passed a Temporary Specification for gTLD Registration Data - essentially a temporary policy amendment to its registrar and registry contracts to facilitate GDPR compliance while also preserving certain aspects of the WHOIS system of domain name registration data. more

The Digital Geneva Convention Exists: Just Use It

It is one of those surreal, ironic moments in time. This coming week, an event called the Internet Governance Forum (IGF) 2017 will be held at Geneva in the old League of Nations headquarters now known as the Palais des Nations. On its agenda is a workshop to discuss "A Digital Geneva Convention to protect cyberspace." If the IGF participants, as they enter the Palais grounds, simply look in the opposite direction south across the Place des Nations, they would see 100 meters away, a glass cube building provided by the Republic and Canton of Geneva. more

CENTR Replies to ITU Study on ccTLD Governance

The Council of European National Top-Level Domain Registries (CENTR) announced today their response to Professor Michael Geist's draft survey report "Government and country-code top level Domains: A global survey", which was conducted on behalf of the International Telecommunication Union (ITU) in December 2003. "In the last decade the general trend has been to de-regulate markets in the Communications Industry, which continues to stimulate economic growth and innovation, and it seems perverse that this ITU supported report is seeking to go against the proven successful trend," said Paul Kane, chairman of CENTR. more

The Accountable Net: Who Should Be Accountable?

Two weeks ago, the Federal Trade Commission held a summit on e-mail authentication in Washington, DC; the community of people who handle bulk mail came together and agreed on standards and processes that should help reduce the proliferation of spoofed mail and fraudulent offers. This was a big, collective step in the right direction. But e-mail sender authentication alone won't solve the Net's fraud and phishing problems - nor will any single thing. It requires a web of accountability among a broad range of players. Yet this week there's another meeting, in Cape Town, South Africa, that could make even more of a difference...but it probably won't. more

The RIRs in a Post-IPv4 world: Is the End of IP Address Policy Making Nigh?

IANA's IPv4 pool was officially exhausted in early 2011; Regional Internet Registries (RIRs) are gradually eating through their remaining IPv4 reserves and, although there will always be a trickle of recycled IPv4 addresses coming through as businesses go bust or ISPs move entirely to IPv6, the bulk of RIR IPv4 activity in future will be maintenance of existing allocation records... While IPv6 is definitely the way of the future for the Internet, the sheer size of the IPv6 address pool, combined with simplified allocation policies that have deliberately reduced barriers to entry, means there are very few organizations that can't get IPv6 directly from the RIRs these days. more