Policy & Regulation

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

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

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

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

Anti-Phishing Working Group Proposes Use of Secure Hashing to Address GDPR-Whois Debacle

The AntiPhishing Working Group (APWG) in a letter to ICANN has expressed concern that the redaction of the WHOIS data as defined by GDPR for all domains is "over-prescriptive". more

Bruce Schneier to Speak About Internet Surveillance at IETF 88 Technical Plenary Next Week

How do we harden the Internet against the kinds of pervasive monitoring and surveillance that has been in recent news? While full solutions may require political and legal actions, are there technical improvements that can be made to underlying Internet infrastructure? As discussed by IETF Chair Jari Arkko in a recent post on the IETF blog, "Plenary on Internet Hardening", the Technical Plenary at next weeks IETF 88 meeting in Vancouver, BC, Canada, will focus on this incredibly critical issue. 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

Internet: Government Dominance or Governance?

In an age where the world has gone global in many forms and guises, the political attention is more and more focussed on national, populist issues, that arise from fear for the unknown. I can't deny it: the future undoubtedly contains many uncertainties. This usually comes with a general public that's afraid and in fear of things they cannot oversee. Thus it is easily aroused by a populist leader who feeds on this fear and throws flammable material on the already smouldering fire. In a time where leadership is called for, it seems lacking. The Internet governance discussion demands visionary leadership on a cross border level and it needs it soon. more

Does ICANN Need to Evolve Its Code of Conduct?

If you follow the Internet governance world like I do, you've no doubt had time to ponder the news of former ICANN Board Chair Peter Dengate Thrush's appointment as Executive Chairman of Top Level Domain Holdings Limited (TLDH). This was a seemingly fast jump from the body that coordinates the Internet (whose most recent milestone was to approve the creation of new gTLDs) to one of the key companies that stands to actively benefit from this burgeoning part of the domain name industry. Further, he's taken up a position that, according to reports, will allow him to benefit substantially as well. 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

More Warning Shots for ICANN, or the End of the Road?

Last fall, I wrote about ICANN's failed effort to achieve its goal of preserving the Whois domain name registration directory to the fullest extent possible. I predicted that if the policy effort failed, governments would take up the legislative pen in order to fulfill the long-ignored needs of those combating domain name system harms. That forecast has now come true through significant regulatory actions in the United States and the European Union in the form of a proposed directive from the European Commission (EC) and instruction from the US Congress to the National Telecommunications and Information Administration (NTIA). more

It’s Time to Rethink Outage Reports

Much has been said about the criticality of the small coterie of large-scale content distribution platforms and their critical role in today's Internet. These days when one of the small set of core content platforms experiences a service outage, then it's mainstream news, as we saw in June of this year with outages reported in both Fastly and Akamai. In the case of Akamai, the June outage impacted three of Australia's largest banks, their national postal service, the country's reserve bank, and one airline... more

Removal of Price Caps for .ORG and .INFO Found Improper by IRP

After a prolonged legal process involving multiple hearings and months of consideration, an independent review panel (IRP) determined that ICANN had violated its own bylaws and articles of incorporation through its decision to remove price caps on certain top-level domains (TLDs) and that this decision was therefore invalid. more

Of Canaries and Coal Mines: Verisign’s Proposal and Sudden Withdrawal of Domain Anti-Abuse Policy

Too many techies still don't understand the concept of due process, and opportunistic law enforcement agencies, who tend to view due process constraints as an inconvenience, are very happy to take advantage of that. That's the lesson to draw from Verisign's proposal and sudden withdrawal of a new "domain name anti-abuse policy" yesterday. The proposal, which seems to have been intended as a new service to registrars, would have allowed Verisign to perform malware scans on all .com, .net, and .name domain names quarterly when registrars agreed to let them do it. more

Domain Registrars Given a Six-Month Deadline to Implement Registration Data Access Protocol (RDAP)

ICANN issued an industry-wide six-month deadline for the deployment of the Registration Data Access Protocol (RDAP) - a replacement for the WHOIS protocol. more