Policy & Regulation

Underneath the Hood: Ownership vs. Stewardship of the Internet

As is well known to most CircleID readers - but importantly, not to most other Internet users - in March 2011, ICANN knowingly and purposefully embraced an unprecedented policy that will encourage filtering, blocking, and/or redirecting entire virtual neighborhoods, i.e., "top-level domains" (TLDs). Specifically, ICANN approved the creation of the ".XXX" suffix, intended for pornography websites. Although the owner of the new .XXX TLD deems a designated virtual enclave for morally controversial material to be socially beneficial for the Internet, this claim obfuscates the dangers such a policy creates under the hood. more

DotSpam? Certain New gTLDs Rapidly Outpacing Legacy TLDs in Terms of Abuse

Would you like to hear about how to treat your psoriasis? Where to get a cheap oil change? How to flatten your belly? Achieve a stronger sexual life? Cheap toner? Annuities? Herpes? Bed bugs? Free energy? Varicose-Veins? Herpes? Saggy skin? Arthritis? Overactive bladder? Drug addiction? Herpes? No? Well, that's too bad, because that you are going to hear about it whether you like it or not. Many of the messages about these and other subjects are being carried to you via new gTLDs. more

Can Technology Can Spam?

It seems to be impossible to implement a law against spam - unsolicited bulk email - without making a hash of it. At best, anti-spam laws are ineffective; at worst, they cause more problems than spam itself. Can technology fare any better? ...But despite this flurry of initiatives, we are yet to see a definitive answer to the spam problem. An Anti-Spam Technical Alliance has been formed by Microsoft, America Online, Yahoo! and EarthLink, but these companies continue to proffer competing solutions. Meanwhile, the technology being deployed in the spam wars is causing collateral damage, in the form of 'false positives' - email that is incorrectly categorised as spam, and so never reaches its intended recipient. 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

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

Cigarette Smuggling and Cyber Security: Low-Tech Crimes Fund High-Tech Threats

You may not connect the cheap cigarettes sold under the counter (or out of a trunk, bodega or by a street vendor) with the mysterious charges on your credit card that you don't remember making or the cash that has, somehow, just disappeared from your bank account. You also may not connect that website selling cheap cigarettes made in second and third world countries with Shellshock or whatever the fashionably scary cyber-threat of the day is when you're reading this. more

Constituencies Coalesce on IANA Transition and Enhanced ICANN Accountability Principles

It is now being broadly acknowledged that, as expressed unanimously by all GNSO constituencies at the recent ICANN London meeting, "as part of the IANA transition, the multi-stakeholder community has the opportunity and responsibility to propose meaningful accountability structures that go beyond just the IANA-specific accountability issues". In a July 22nd Keynote Address at the American Enterprise Institute, NTIA head Lawrence Strickling - whose agency must approve any IANA transition plan developed by Internet stakeholders - made this linkage an explicit element of U.S. government policy... more

When Space Becomes Infrastructure: Governance Challenges in Record-Breaking Week for Satellites

This past week offered a striking illustration of the pace and scale at which our shared orbital environment is evolving. In less than 24 hours, six rockets were launched from different parts of the globe, each contributing to the rapid expansion of low Earth orbit (LEO) infrastructure. China deployed a new set of Guowang satellites, while SpaceX launched two batches of Starlink satellites - one from Vandenberg in California and another from Cape Canaveral in Florida. United Launch Alliance (ULA) successfully placed Amazon's Kuiper satellites into orbit... 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

Freedom of Expression Chilled by ICANN’s Addition of Speech Restrictions in DNS

Freedom of expression on the Internet is at risk from ICANN's recent decision to prohibit anyone but one specific type of doctor from using the word within the .doctor new gTLD space. Last month, ICANN's New GTLD Program Committee decided that only "medical practitioners" would be allowed to register a domain in the .doctor name space. ICANN's decision to exclude numerous lawful users of the word, including a broad range of individuals who are in fact doctors, comes at a time when the world is watching ICANN to see if it can adequately protect Internet users' rights in the absence of US Government supervision. more

European Data Regulators Throw ICANN Back to the Drawing Board for a Third Time on Whois Privacy

In a letter to ICANN, the chair of the European Data Protection Board (EDPB) makes it plain that even the organization's "interim" plan is fundamentally flawed, reports Kieren McCarthy in the Register. 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

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

U.S. Uses Domain Names As New Way to Regulate the Net

Governments have long sought ways to regulate Internet activity, whether for the purposes of taxation, content regulation, or the application of national laws. Effective regulatory measures have often proven elusive, however, since, unlike the Internet, national laws typically end at the border. Earlier this month, the United States began to move aggressively toward a new way of confronting the Internet's jurisdictional limitations - the domain name system. more

MIT 2010 Spam Conference Starts Tomorrow…

In January we presented the glorious history of the MIT spam conference, today we present the schedule for the first day. Opening session will be from this author, Garth Buren with a topic entitled The Internet Doomsday Book, with details be released the same day as the presentation. Followed by Dr. Robert Bruen with a review of activities since the last MIT spam conference... more