Policy & Regulation

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Gripe Site Triumphant Over AntiCybersquatting Consumer Protect Act Complaint

Today's case involves the classic alleged scenario of a gripe site which used a Plaintiff's trademark in Defendant's web site domain name -- and whether this might be a violation of the Anti Cybersquatting Consumer Protection Act (ACPA). more

The Militarization of the Internet

Someone needs to take a good hard look at those Internet surveillance stories being strategically placed on the front page of the New York Times. There's a trail here, I believe, that's worth following. Here are some data points... there appears to be a deep interest in the ability to declare war online, as evidenced by cybersecurity research and public speeches by Herbert Lin, a key player who has worked on several cybersecurity reports for the National Research Council.
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China Stepping Up Cryptocurrency Crackdown

China is preparing for a new crackdown on cryptocurrency, planning to stamp out remaining trading in the country, according to state media. more

Canadians Aren’t Buying Into Net Neutrality

The Tyee, an independent on-line magazine based in BC wrote a story about net neutrality more than a year ago, noting that most Canadians are sleeping through the debate. They followed up again last week. Despite what is called a "perfect storm of events that may crystallize the issue for consumers, businesses, politicians, and regulators," there hasn't been an overwhelming outcry, despite extensive press coverage of the most recent network activities. There are a number of voices who present a conspiracy theory on traffic shaping in Canada... more

The Web is Dead: What This Means to ICANN, New gTLD Program and the Domain Industry

While we are spending years figuring out how to create the perfect generic Top-Level Domain (gTLD) launch and guidebook, the Internet is moving along at an extraordinary pace without any care about ICANN policy-making. The fact of the matter is ICANN is a ghost to the ordinary person or Internet company. You can not imagine how many times I had to explain what ICANN is, what ICANN does and why ICANN is important. more

EFF Resigns from World Wide Web Consortium (W3C) over EME Decision

In an open letter to the World Wide Web Consortium (W3C), the Electronic Frontier Foundation (EFF) announced on Tuesday that it is resigning from World Wide Web Consortium (W3C) in response to the organization publishing Encrypted Media Extensions (EME) as a standard. more

Comcast vs the FCC - A Reply to Susan Crawford’s Article

This is a reply to Susan Crawford's circleid article "Comcast v. FCC - "Ancillary Jurisdiction" Has to Be Ancillary to Something". I started writing a reply to her article, adding some comments I had and also reminding her that she'd predicted this herself, in an earlier circleid article, but it turned out long enough that I decided to submit it as a circleid post instead. On the whole, the facts agree with this CNET article. This court decision was correct, and expected... more

NSA Takes a Leadership Seat at the Global 5G Security Table

It has been a long time coming. In the world of global 5G security, there is only one principal forum. The somewhat cryptically named 3GPP SA3 is dedicated to 5G security and holding its 103rd meeting electronically next week from 17 to 28 May with 772 submitted documents and 189 participants registered. SA3 meets every 60 days and exists at the security center of an ecosystem of numerous technical groups encompassing many hundreds of companies, industry organizations, and government agencies worldwide. more

ICANN, or ICAN’T or IWON’T?

We're halfway into ICANN71, and early interactions are posing questions about ICANN Org's capability to carry out its mission to maintain an orderly domain name system (DNS). Or, if that's not the case, ICANN leadership seems bent on a hands-off approach to its oversight responsibilities to the DNS. For years now - years - the ICANN community has raised the volume level about acute issues -- a workable Whois management and access system (including clearly delineated controllership)... more

U.S. Congressional Trademark Caucus Haggles Over Price

It was standing-room-only at the Congressional Trademark Caucus session in the Rayburn House Office Building in Washington, D.C. on Wednesday, April 6. The topic, brand protection in the new top level internet domain names, is still, it seems, a draw. With nearly two years' experience and statistical evidence of far fewer problems at far lower costs to brand owners than opponents of the program said would occur, it might be expected that the tone would cool. But the price of peace, I guess, remains eternal vigilance. 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

The “Internet of Things,” the Internet and Internet Governance

As the second Internet Governance Forum approaches, it is an appropriate moment to take stock of how the Internet Governance dialogue has evolved since the conclusion of the WSIS Summit in 2005. One year after the first IGF in Athens, it is clear that government, industry and civil society stakeholders are still grappling over the direction and focus of the IGF... There is little doubt that some governments will choose to borrow concepts from the IGF when developing law and policy and will ultimately apply them to the Internet within their respective jurisdictions. Given the global nature of the Internet, this should be a fundamental concern. While this important dialogue about the Internet continues at the IGF in Brazil next month, another no less important debate is emerging with regard to RFID technology and the so-called "Internet of Things." The Internet of Things is a term coined to describe a future ubiquitous sensor network that collects commercial and personal data in public and private settings created, in part, through the rollout of RFID technology... more

New Zealand’s Domain Name Commission Wins Injunction in a Lawsuit Against DomainTools

New Zealand's Domain Name Commission today won a motion for preliminary injunction in a US lawsuit against the company DomainTools. more

IPv4 Historical Imbalances and the Threat to IPv6

It is an open secret that the current state of IPv4 allocation contains many accidental historical imbalances and in particular developing countries who wish to use IPv4 are disadvantaged by the lack of addresses available through ordinary allocation and are forced into purchasing addresses on the open market. As most of the addresses for sale are held by organisations based in the developed world, this amounts to a transfer of wealth from the developing world to the developed world, on terms set by the developed world. more

GDPR and WHOIS - Winners and Losers

I think we are all hoping that when ICANN meets with the DPAs (Digital Protection Authorities) a clear path forward will be illuminated. We are all hoping that the DPAs will provide definitive guidance regarding ICANN's interim model and that some special allowance will be made so that registrars and registries are provided with additional time to implement a GDPR-compliant WHOIS solution. more