Policy & Regulation

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What Can We Learn From 160 Years of Tech Diplomacy at ITU?

On 17 May 1865, 20 European states convened to establish the International Telecommunication Union (ITU) to streamline the clunky process of sending telegraph messages across borders. 160 years later, ITU's anniversary is more than a mere commemorative moment; it is a stark reminder that multilateral cooperation is beneficial and necessary in our increasingly interconnected world. more

The Two Sides of Net Neutrality

Over the last decade or so the telecoms industry has been at loggerheads with the content providers and distributors (OTT companies) regarding the use of the infrastructure by the OTT players. On one side we have the people arguing for net neutrality (leave the OTT players alone), and on the other we have the telcos wanting to charge certain players for using their network. The whole issue came to a head, when in mid April the FCC decided to allow telecom operators (or ISPs as they are called in the USA) to charge content providers for higher quality services. more

White House Issues Cloud Computing Policy Standards

U.S. Office of Management and Budget released a memo today establishing a program to reduce "duplicative efforts, inconsistencies and cost inefficiencies when assessing and authorizing cloud systems." The initiative called, Federal Risk and Authorization Management Program (FedRAMP), is aimed to develop a standardized approach to security assessment, authorization, and continuous monitoring for cloud products and services through standardized security requirements and controls. more

New CIRA Whois Policy Strikes Balance Between Privacy and Access

My weekly technology law column focuses this week on the new CIRA whois policy that is scheduled to take effect on June 10, 2008. The whois issue has attracted little public attention, yet it has been the subject of heated debate within the domain name community for many years. It revolves around the whois database, a publicly accessible, searchable list of domain name registrant information (as in "who is" the registrant of a particular domain name). more

ICANN Community Issues Unprecedented Letter Questioning ICANN’s Proposed Accountability Process

In another unpredicted development the entire community of ICANN stakeholders has sent a joint letter to CEO Fadi Chehade and the ICANN Board that strongly questions the "Enhancing ICANN Accountability and Governance - Process and Next Steps" document published by ICANN staff on August 14th over widespread community objections. Signatories to the August 26th letter include the GNSO Council and all of the GNSO's stakeholder groups and constituencies, the Country Code Name Supporting Organization, the At-Large Advisory Committee, the Security and Stability Advisory Committee - and, most surprisingly, the Governmental Advisory Committee. more

Dot SUCKS: The Ultimate Vanity Domain

When last we wrote, trademark lawyers had written an outraged letter to ICANN about the $2500 price to preregister trademark.sucks names, and ICANN, reliably panicking in the face of legal threats, wrote to the US Federal Trade Commission and Canadian Office of Consumer Affairs saying please tell us that's illegal so we can shut down this registry with whom we just signed a long-term contract. (The mysterious $1 surcharge turned out to be a weak attempt by ICANN to collect debts that affiliates of registry owner Momentous defaulted on long ago.) more

Is There Such a Thing as Technical Internet Governance?

In ICANN's "President & CEO Goals for Fiscal Year 2021", Göran Marby went out to make a curious distinction in the document's second stated goal, according to which he intends to "Implement a common strategy for Internet governance (IG) and technical Internet governance (TIG)". Proceeding to state that "we will begin by identifying the most important issues we need to address, followed by an assessment of where and how we can intervene, the venues we should use, and the resources required to be effective". more

DNS Privacy at IETF 104

From time to time the IETF seriously grapples with its role with respect to technology relating to users' privacy. Should the IETF publish standard specifications of technologies that facilitate third-party eavesdropping on communications or should it refrain from working on such technologies? Should the IETF take further steps and publish standard specifications of technologies that directly impede various forms of third party eavesdropping on communications? 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

Section 3.18 of the 2013 RAA: Reasonable Investigations, Appropriate Responses

Section 3.18 of the ICANN 2013 Registrar Accreditation Agreement (RAA) contains language requiring registrars to investigate and respond to abuse complaints. Nearly one year into the new RAA's effective period, what do we know about Section 3.18? If a person or entity wants to submit a complaint, what should they keep in mind? This article reviews the meaning of Section 3.18, how to leverage it, offers a list of do's and don'ts for complainants, and offers a few recommendations for registrars. more

Comcast and the Internet

Today the FCC is condemning Comcast's practices with respect to P2P transmissions.I'm happy for FreePress and Public Knowledge today, and I know they have achieved a substantial change in the wind. The basic idea that it's not okay for network access providers to discriminate unreasonably against particular applications is now part of the mainstream communications discourse. That has to be good news. I'm concerned on a couple of fronts. The FCC has taken the view that it can adjudicate, on a case-by-case basis, issues that have to do with "Federal Internet Policy." They used that phrase several times... more

Wow. That’s a Lot of Reserved Names

ICANN recently updated the list of reserved second level domain names. Those are names that you won't be able to register in any of the 1500 or so new domains they're planning to add. There's rather a lot of them, currently 629. The names are in three groups, the ICRC (the Red Cross), the IOC (the Olympic games) and everyone else. Several years ago the Red Cross and later the Olympics came to ICANN and insisted that they make a special list of forbidden names, separate from the various trademark registries. more

Webcast May 23: Finnish Internet Forum – ‘Internet and War’ Panel

On Monday May 23 2022 at 3 -- 5pm EEST (12:00 -- 14:00 UTC) the Finnish Internet Forum will convene a panel at the University of Helsinki with the topic 'Internet and War'. A panel of experts will address the question of how the war has affected the Internet and how the Internet has been used to influence Finland and elsewhere during the war. The event will be conducted in English. more

What ICANN Should Do Now to Help Future Applicants of New gTLDs

During ICANN71, the Brand Registry Group (BRG) openly asked potential future applicants what ICANN can do to help prepare them for the next gTLD round. The answer was very clear - commit to opening the next round and provide as much information as possible early on. However, in recent correspondence to the BRG from ICANN Chair, Maarten Botterman, he emphasized that "significant work lies ahead of us: the 2012 Applicant Guidebook must be updated with more than 100 outputs... more

ICANN Pressured to Reserve Names: “We don’t accept any more reservations!”

It is not a secret that I have been (and I continue to be) against the requests made to ICANN by the International Olympic Committee (IOC) and the Red Cross for special protection of their names and their variations. I am mainly against it because of the problems associated with these types of protection, the potential implications they may have and the fact that any attempt to reserve any names in the Domain Name Space will set a very bad precedent that will be detrimental to the whole new gTLDs experience. Well, the effect of this precedent is right upon us... more