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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
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
The Intellectual Property Constituency's draft report on trademark issues is now available for comment. The draft report was put together behind closed doors, which would appear to go against the normal policy development process at ICANN, which is quite worrying. Its contents, however, are even more disturbing... more
What occurred in Dubai on 14 December was unprecedented in the history of the ITU. It was unprecedented in the history of international telecommunication law. Most of the major nations of the telecommunication world rejected a profoundly broken treaty instrument that had no reason to even exist. A large number of "minor" networking nations accepted the obligations of the treaty instrument, although almost all of them entered significant reservations. In the long history of telecommunication law and intergovernmental organizations since 1850, this has never occurred. more
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
The EARN IT Act was reintroduced into Congress last Monday, with the promise that it would end Internet platforms' "blanket immunity" for "tens of millions of photos and videos" of child sexual abuse that they allow to circulate online. With the bill already scheduled for hearing in committee, it's on track to be passed quickly. And why shouldn't it be, if its sponsors' claims about it are true? Perhaps because they're not true. more
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
On September 12 China, the Russian Federation, Tajikistan and Uzbekistan released a Resolution for the UN General Assembly entitled "International code of conduct for information security." The resolution proposes a voluntary 12 point code of conduct based on "the need to prevent the potential use of information and communication technologies for purposes that are inconsistent with the objectives of maintaining international stability and security and may adversely affect the integrity of the infrastructure within States..." more
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
As long as US telecom is duopoly dominated, a neutral Internet is endangered if not impossible; regulation of this kind of concentrated power is necessary but is unlikely to be sufficient. The solution, IMHO, is to dilute the power of the duopoly so that consumers can buy whatever kind of Internet access they want. Countries like the UK with a competitive ISP market do not seem to have net neutrality problems nor require net neutrality regulation and have better Internet access than we do at lower prices. more
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
U.S. Chamber of Commerce President Thomas J. Donohue on January 10, 2018, warned that "techlash" is a threat to prosperity in 2018. What was he getting at? A "backlash against major tech companies is gaining strength -- both at home and abroad, and among consumers and governments alike." "Techlash" is a shorthand reference to a variety of impulses by government and others to shape markets, services, and products; protect local interests; and step in early to prevent potential harm to competition or consumers. more
ICANN's new gTLD expansion is really quite an ingenious ploy to grow the once small California non-profit into an unstoppable machine, worth hundreds of millions of dollars, which soon plans to finally be free from any external oversight. I have no doubt that ICANN pats itself on the back for pulling the wool over so many eyes, including stakeholders, new gTLD applicants, politicians, and the global general public. more
The U.N. General Assembly has approved a resolution to start the process of drafting a new international treaty against cybercrime despite objections from the European Union, the United States and other countries. The Russian-drafted resolution received approval from a 193-member world body with a vote of 79-60 and 33 abstentions. more
In its informal background paper "Applying the Highest Standard of Corporate Governance" (August 2011) the European Commission proposes to revise the procedures of ICANNs Nominating Committee (NomCom). Instead of the confidential treatment of applicants the EU calls for an open publication of "a full list of candidates". Is this a good idea? I don't think so. The rationale behind the EU proposal is "to improve confidence on the selection procedure" and "to avoid conflict of interests". But the proposed improvement is based on a wrong assumption... more
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