Policy & Regulation

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Plentyoffish Media Inc. Fined $48,000 for Alleged Violation of Canada’s Anti-Spam Law

The Canadian Radio-television and Telecommunications Commission (CRTC) today announced that Plentyoffish Media Inc. has paid $48,000 as part of an undertaking for an alleged violation of Canada's anti-spam legislation. more

Building a Better WHOIS for the Individual Registrant

Today, anyone can use WHOIS to identify the organization or person who registered a gTLD domain name, along with their postal address, email address, and telephone number. Publishing this data has long been controversial, creating a system riddled with problems. On one hand, anonymous access to all WHOIS data enables misuse by spammers and criminals and raises concerns about personal privacy. On the other hand, incomplete or false WHOIS data prolongs Internet outages and leaves crime victims with little recourse. 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

Are the TISA Trade Talks a Threat to Net Neutrality, Data Protection, or Privacy?

On December 17th a US proposal for online commerce in a major trade negotiation, the Trade in Services Agreement ("TISA") leaked. A flurry of press releases and opinion pieces claim that TISA is a threat to the Internet. The headlines are lurid: "TISA leak: EU Data Protection and Net Neutrality Threatened" and "Leaked TISA text exposes US threat to privacy, civil rights"... Because I've spent years in Geneva regularly meeting with and advising negotiators on the networked economy I have a very different perspective. more

The One Reason Net Neutrality Can’t Be Implemented

Suppose for a moment that you are the victim of a wicked ISP that engages in disallowed "throttling" under a "neutral" regime for Internet access. You like to access streaming media from a particular "over the top" service provider. By coincidence, the performance of your favoured application drops at the same time your ISP launches a rival content service of its own. You then complain to the regulator, who investigates... It seems like an open-and-shut case of "throttling" resulting in a disallowed "neutrality violation". Or is it? more

Protecting Intellectual Property is Good; Mandatory DNS Filtering is Bad

It has been about six months since I got together with four of my friends from the DNS world and we co-authored a white paper which explains the technical problems with mandated DNS filtering. The legislation we were responding to was S. 968, also called the PROTECT-IP act, which was introduced this year in the U. S. Senate. By all accounts we can expect a similar U. S. House of Representatives bill soon, so we've written a letter to both the House and Senate, renewing and updating our concerns. more

The Sad State of WHOIS, and Why Criminals Love It

I'm not even sure how to begin this post, but let me tell you -- my head explodes when I try to contact WHOIS "contacts" about criminal activity - FAIL. I think ICANN wants to do the right thing here, and has stated on multiple occasions that inaccurate WHOIS data is reason for registrar termination. That's a Good Thing... more

ISOC Joins Opposition to Stop Online Piracy Act

In a letter released on Monday, the Internet Society Board of Trustees has expressed concern with a number of U.S. legislative proposals that would mandate DNS blocking and filtering by ISPs to protect the interests of copyright holders. "Policies mandating DNS filtering undermine the open architecture of the Internet and raise human rights and freedom of expression concerns," says Internet Society (ISOC). more

Internet Governance: Leading by Example

On CircleID Jeremy Malcolm blogged in "Wikileaks and the Gaps in Internet Governance" that "For the Civil Society Internet Governance Caucus (IGC), this highlights the need for cross-border Internet governance issues to be made subject to a due process of law, informed by sound political frameworks, including those of human rights." A reaction, in which a network of the willing is suggested. more

Transparency: The Internet’s Only Currency

I don't know about you, but I am angry. I am angry with the state of the world and our incapacity to do something about it. I am angrier because, in all this, I thought that the Internet would be the place where we would see collective action at its best. But, that's not going to happen. At least, anytime soon. Is it time to admit that the Internet has turned toxic? No. But, it is time to ask ourselves the question... more

US Government Releases Two IPv6 Papers

During the last week of December, two US Government agencies released papers on IPv6. NIST released Special Publication 800-119, Guidelines for the Secure Deployment of IPv6. This comprehensive 188 page paper provides guidelines for federal agencies (and anyone else who might want to take advantage of it) to securely deploy IPv6. more

Closed Generic TLDs - The Final Battle?

Over the past couple of years I've posted several times on the issue of "closed generics". In essence these are new TLD applications where the string is a "generic term" AND the applicant wanted to keep all domains in the registry for their own use. The baseline registry agreement with ICANN now contains language that resolves the issue, or at least it would appear to do so. more

U.S. Senators to Introduce IoT Security Bill

U.S. senators on Tuesday announced plans to introduce legislation seeking to address vulnerabilities in IoT devices. more

Aging the Internet Prematurely, One PDP at a Time

After blogging about ICANN's new gTLD policy or lack thereof [also featured on CircleID], I've had several people ask me why I care so much about ICANN and new top-level domains. Domain names barely matter in a world of search and hyperlinks, I'm told, and new domains would amount to little more than a cash transfer to new registries from those trying to protect their names and brands. While I agree that type-in site-location is less and less relevant, and we haven't yet seen much end-user focused innovation in the use of domain names, I'm not ready to throw in the towel. I think ICANN is still in a position to do affirmative harm to Internet innovation. more

Network Neutrality in the Wireless Space

There's been a tremendous amount written about the Google-Verizon joint proposal for network neutrality regulation. Our commentary at the EFF offers some legal analysis of the good and bad in this proposal. A lot of commentary has put a big focus on the exemption for wireless networks, since many feel wireless is the real "where it's gonna be," if not the "where it's at" for the internet. more