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
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
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
New Zealand's Domain Name Commission today won a motion for preliminary injunction in a US lawsuit against the company DomainTools. more
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
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
At Friday's board meeting, ICANN once again narrowly approved the contentious .XXX domain intended for pornography. What this vote primarily shows is that ICANN's processes have been broken for a long time, and aren't getting fixed. Two board members made thoughtful and eloquent statements before the vote outlining the reasons they were about to vote for or against the domain. more
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
A new audit has sharply challenged the Federal Communications Commission's (FCC) broadband availability estimates, revealing that 26 million Americans lack access to fixed 100/20 Mbps internet, 6.4 million more than the FCC claims. more
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
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
CAUCE, the Coalition Against Unsolicited Commercial Email, has looked back at the notable events of the last decade in our industry. Each year/link in the post explodes to a discrete blog entry with a month-by-month break-out of notable events. more
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
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
Even as we increasingly discover that every facet of our modern lives now revolve around, and are dependent on the Internet, for which reason its availability, functionality, safety, stability and security are now of great and continuing concern to all of us. These issues have a profound impact on its overall governance. To most of us, during the past three decades, the Internet has always been available, stable, affordable and open; and it should continue this way even as it is controlled and administered in a secure manner... more