Policy & Regulation

How Rise in Nationalism and Industry’s Lack of Foresight Could Mean a Fragmented and Isolated Web

I have been thinking a lot lately on the topic of the free flow of information on the internet -- what kinds of tools are available now and in the future for governments (especially repressive ones) to control content, isolate their people and keep any contrary viewpoints censored. I had an interesting conversation with a Practice Lead from IFTF.org. The Institute for the Future (IFTF) is a California based independent, nonprofit research group with 40 years of experience in identifying emerging trends that will transform global society... Turns out they are quite concerned about the fragmentation and control of the Internet as well. But will it be an inevitability? 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

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

Open Ends: Civil Society and Internet Governance - Part II

This is the second part of a three-part series interview by Geert Lovink with Jeanette Hofmann, policy expert from Germany, where she talks about her experiences as a member of the ICANN's Nominating Committee and her current involvement as a civil society member of the German delegation for the World Summit of the Information Society (WSIS). "So much in the current debates over global governance seems to go back to the issue what place governments and individual nation states have within global governance. What has been your ICANN experience? Ideally, what would be the place of the state? Do you believe in a federal structure? Should, for instance, bigger countries, in terms of its population, have a great say?..." 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

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

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

RIP Network Neutrality

It's been an interesting couple of months in the ongoing tensions between Internet carriage and content service providers, particularly in the United States. The previous confident assertion was that the network neutrality regulatory measures in that country had capably addressed these tensions. While the demands of the content industry continue to escalate as the Internet rapidly expands into video content streaming models, we are seeing a certain level of reluctance from the carriage providers to continually accommodate these expanding demands... more

Reading Tea Leaves: China Statement on Internet Policy

The Information Office of the State Council of the People's Republic of China has issued a statement on "Internet Policy in China." Released Tuesday, the lengthy statement covers a range of topics from promoting internal development and use, to freedom of expression, protecting Internet security, and international cooperation. A quick review reveals two interesting passages relevant to global Internet governance. 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

Addressing Search Engine, Website, and Provider Accountability for Illicit Online Drug Sales

Garth Bruen reports on a paper published by the American Society of Law, Medicine & Ethics of Boston University School of Law authored by Bryan A. Liang and Tim Mackey titled, "Searching for Safety: Addressing Search Engine, Website, and Provider Accountability for Illicit Online Drug Sales". From the paper: "Online sales of pharmaceuticals are a rapidly growing phenomenon. Yet despite the dangers of purchasing drugs over the Internet, sales continue to escalate. These dangers include patient harm from fake or tainted drugs, lack of clinical oversight, and financial loss. Patients, and in particular vulnerable groups such as seniors and minorities, purchase drugs online either naïvely or because they lack the ability to access medications from other sources due to price considerations. Unfortunately, high risk online drug sources dominate the Internet, and virtually no accountability exists to ensure safety of purchased products."  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

Cloudflare Reverses Long-Held Policy to Remain Content-Neutral, Ends Service to the Daily Stormer

Cloudflare on Wednesday reversed its long-held policy to remain content-neutral and terminated its service to neo-Nazi site, The Daily Stormer. more

ICANN Should be Reformed Before “Privatization”, Says New Study

The Technology Policy Institute (TPI), an IT and communications policy think tank, has just released a paper proposing that "ICANN's governance structure should be dramatically reformed to make it more accountable before the current tie with the U.S. Department of Commerce is allowed to expire." The paper titled "ICANN At a Crossroads: a Proposal for Better Governance and Performance" is written by Thomas M. Lenard, President and Senior Fellow at TPI, along with Lawrence J. White, Professor of Economics at the NYU Stern School of Business. The 52-page study also asserts that ICANN must have a clear focus on encouraging competition with minimal role as a regulator with respect to the creation of new generic Top-Level Domains (gTLDs). more

ICANN and Attorneys General: Ends, Means and Unintended Ends

In a move, unprecedented in scale, ISOC moved to sell PIR, the registry for .ORG, to a for-profit entity which intends, in turn, to convert PIR into a for-profit entity itself. This move has, understandably, raised concerns from around the Internet community and cast a bright light on ICANN, the nature of its contracts with Registries and the responsibilities of the ICANN Board... As the Vice Chair for Policy of the At-Large Advisory Committee (ALAC), I've tried to navigate a consensus involving ALL of those parties because of our diverse membership. more