Policy & Regulation

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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

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

China Continues VPN Crackdown, Targets Alibaba and Other Ecommerce Sites

In the latest series of measures taken by China to clamp down on use and distributions of VPNs, Chinese authorities have issued warning to the country's top ecommerce platforms, including Alibaba's Taobao.com, over the sale of illegal virtual private networks that allow users to skirt state censorship controls. more

Framing the Internet Governance Debate: The Long Road to WSIS+20 (2025)

Since the early 2000s, the global debate about Internet Governance did have its ups and downs. We did see the establishment of ICANN, the UN World Summit on the Information Society (WSIS), the making of the Internet Governance Forum (IGF), and the failure of the World Conference on International Telecommunication (WCIT). We did see NetMundial and the IANA transition. more

Enhanced Confusion: The European Council and the Governance of the Internet

On November 1, 2014, the new European Commission started its work. One of the priorities of its new president, Jean Claude Juncker, is the digital agenda. The European Union wants to be a leader in the Internet world of tomorrow. Vice President Andrus Ansip from Estonia (some people spell the country name "e-stonia") and Commissioner Günter Oettinger from Germany will have special responsibilities to implement the big plans. Juncker was elected by the European Parliament, although the green light for his nomination came from the European Council. 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

Is NIST’s Recent Letter on o.com a Bureaucratic Coup d’Etat?

Verisign recently informed ICANN that it had received a letter from the National Institute for Standards and Technology (NIST), an agency of the U.S. Department of Commerce, regarding the proposed auction of o.com described in the Second Amendment to the .com Registry Agreement agreed to by ICANN and Verisign in March 2019. This letter, which doesn't appear to be on official letterhead, is from a NIST Grants Officer and purports to overturn a letter raising objections to the auction... more

Extraterritoriality

Black's Law Dictionary defines it as "the extraterritorial operation of laws; that is, their operation upon persons, rights or jural relations, existing beyond the limits of the enacting state, but still amenable to its laws. The term is used to indicate jurisdiction exercised by a nation in other countries, by treaty..." Extraterritoriality is also the most significant emerging development today in the law shaping virtual network architectures and services that includes OTT and NFV-SDN. 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

Global Re-Distribution of IPv4 Addresses Requires Greater Trading Transparency and Security

He warns millions of IPv4 numbers are impacted by inaccurate records, and as a consequence, ARIN’s registry cannot, in many cases, be relied upon as the definitive single source for establishing the rightful holders of IPv4 address space. more

Egypt’s Internet Blocked - I Call on My Friend Tarek Kamel to Unblock It and Join His People

Internet all over Egypt has been blocked in an unprecedented revolt. I call on my friend Tarek Kamel, Egypt's Minister of Telecommunication, to overturn this oppressive decision and to unblock the Internet in all Egypt immediately and to join his people in their peaceful revolt. I have known Tarek Kamel for more than a decade and long before he became minister back in the days when he used to say he had no authority and that the decisions were in the hands of his boss and that he was a mere decision-less adviser to then Minister of Telecommunication, Mr. Nazif. more

What ICANN’s Strong Stance on the UN’s Global Digital Compact Says About Current Internet Governance

On 21 August 2023, ICANN org. made its position in relation to the current state of the UN's Global Digital Compact (GDC) clear in a blog post by Sally Costerton (ICANN CEO), John Curran (ARIN), and Paul Wilson (APNIC), entitled "The Global Digital Compact: A Top-down Attempt to Minimize the Role of The Technical Community." The publication strongly criticizes the GDC's attempt at folding the technical community into the civil society umbrella under a "tripartite" approach also involving the private sector and governments, as proposed by the Secretary-General's Envoy on Technology, Amandeep Gill. more

Interconnection Disputes Are Network Neutrality Issues (of Netflix, Comcast, and the FCC)

A lot of people have been talking about the "interconnection" deal between Comcast and Netflix and whether that deal is related to network neutrality. (It is.) This question comes partly because the FCC's 2010 Open Internet Order (also known as the network neutrality order) was recently struck down. So network neutrality lands back at the FCC, with a new Open Internet proceeding, at the same time Netflix starts working so poorly on Comcast that Netflix had to cut a special deal with Comcast. 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

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