Policy & Regulation

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

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

SpaceX Starlink and Cuba - A Match Made in Low-Earth Orbit?

I've suggested that Cuba could use geostationary-orbit (GSO) satellite Internet service as a stopgap measure until they could afford to leapfrog over today's technology to next-generation infrastructure. They did not pick up on that stopgap suggestion, but how about low-Earth orbit (LEO) satellite Internet service as a next-generation solution? SpaceX, OneWeb, Boeing and others are working on LEO satellite Internet projects. more

Plural TLDs: Let’s Stop Throwing Spanners in the Works!

I don't have strong religion on plural TLDs. For that matter, I don't have strong feelings for or against closed generics either, an other new gTLD issue that has recently been discussed even though it is not mentioned in the rules new gTLD applicants had to rely on. What I do care about is predictability of process. Yet, as Beijing showed, the ICANN community has an uncanny ability to throw last-minute wrenches at its own Great Matter, as Cardinal Wolsey called Henry VIII's plan to divorce Catherine of Aragon. more

Learning to Love the WTO: How Trade Policy Can Save Open Internet - and Bridge the Digital Divide

From the dawn of the mainstream commercial Internet in the late 1990s until quite recently, the world trade and Internet communities have been almost entirely disconnected from one another. This isn't surprising, given that trade policy historically follows technological developments with a considerable 'lag.' As the senior-most 'permanent representative' on the ground in Geneva from the for-profit tech sector, a big part of my job is to try and translate the Internet for the Diplomatic Corps across many different policy subjects. more

Why Are Internet Security Standards Badly Deployed and What to Do About It?

In 2019 under the aegis of the Internet Governance Forum, a pilot project was conducted into the causes of and solutions for the, in general, slow deployment of internet security standards. Standards that on mass deployment make the Internet and all its users safer, indiscriminately, immediately... Recently the report 'Setting the standard. For a more Secure and Trustworthy Internet. The Identification of Pressure Points in Society to Speed up Internet Standards Deployment', was published on the IGF website. more

Why WIPO’s Proposed Fast-Track UDRP Process is Flawed

In the midst of ICANN's decision to ask the Generic Names Supporting Organization (GNSO) to create proposals on trademark protection mechanisms, the World Intellectual Property Organization (WIPO) announced that it will launch a fast-track UDRP process... The WIPO move is flawed and creates various problems. Here is an account. more

The Mainsleaze Blog

Mainsleaze is nerdy slang for spam sent by large, well-known, otherwise reputable organizations. Although the volume of mainsleaze is dwarfed by the volume of spam for fake drugs, account phishes, and Nigerian 419 fraud, it causes work for mail managers far out of proportion to its volume... The problem with mainsleaze is that it is generally mixed in with mail that the recipients asked for, and there's no way to tell the difference mechanically. more

Internet Will Split Into Chinese-Led and US-Led Versions Within the Next Decade, Says Eric Schmidt

Speaking at a private event hosted by Village Global VC, tech luminary and former Google CEO Eric Schmidt predicted that the internet will split into Chinese-led and US-led versions by 2028. more

ICANN’s Tax Exemption Requires Updated Review

In September 2015, John Levine asked why ICANN should be considered a tax-exempt organization following the completion of the U.S. government's transition of technical management of the Internet's Domain Name System (DNS). The U.S. Internal Revenue Service (IRS) determined that ICANN was an exempt organization in 2000 and, inarguably, circumstances have evolved materially since then. more

Virtual Banishment and the First Amendment: Estavillo v. Sony Computer Entertainment of America

I saw this case in the excellent National Association of Attorneys General publication Cyber Crime e-newsletter. Many of us host or sponsor online communities of one form or another. On occasion, this means we must engage in moderation of the discourse in that community, and, as chance may arise, on occasion, we must give some chap the boot from the community for violating the AUP or the TOS. Inevitable, the booted chap screams "First Amendment Violation," to which we must respond, "The First Amendment restrains government actors -- we are not government actors." more

Report and Analysis of Public Comments Submitted to ICANN on the .COM Pricing Provisions (Part I)

ICANN's call for Public Comment on Proposed Amendment 3 to the .com Registry Agreement yielded 9,040 public comments during the six-week comment period that ran from January 3, 2020 to February 14, 2020. The public response was amongst the most robust if not the most robust, that ICANN has ever received. To put this in context, the last several Public Comment periods received under 20 comments apiece. more

Major Regulatory Changes Needed as Safety and Security Merge, Warns European Commission Report

As we increasingly move towards an IoT world, vendors of safety-critical devices will be patching their systems just as regularly as phone and computer vendors do now. Researchers warn that many regulators who previously thought only in terms of safety will have to start thinking of security as well. more

China’s Pursuit of Public International Cybersecurity Law Leadership

There are relatively few venues today for the development of public international cybersecurity law among Nation States. One was the United Nations Group of Governmental Experts (UNGGE) at which the U.S. several months ago announced its de facto withdrawal with some concern expressed. A much older, well-established venue is newly assuming considerable significance - the Expert Group on the International Telecommunication Regulations (EG-ITRs). more

Uniform Rapid Suspension Not Appropriate for .com Domain Names

The Internet Commerce Association has been actively involved for the last four years on the ICANN Working Group reviewing the Uniform Rapid Suspension (URS) policy and the Uniform Domain Name Dispute Resolution Policy (UDRP). The Working Group is currently wrapping up its review of the URS. The UDRP will be reviewed in an upcoming second phase. more