Policy & Regulation

The Internet and OpenStand: The Internet Didn’t Happen by Accident

On the World Standards Day of 2013 it seems appropriate to recognize that on the Internet and throughout the Web, nothing goes anywhere without standards. These technical standards - communication protocols, data exchange formats, and interfaces - allow different computers and networks to talk to each other. They are the lifeblood around the world for multibillion dollar industries that didn't exist 20 years ago. They are born of a collaborative, open process that prides itself on technical expertise and measures success by the depth and breadth of their acceptance across a hodgepodge of vastly different technologies all interconnected to what we euphemistically call "the Global Internet." more

WCIT-12 Disappoints, More Work to Be Done

In the end it was a disappointment that the treaty on International Telecommunications regulations (ITRs) that had been under negotiation for two weeks at WCIT-12 was not acceptable to 55 countries, and that, as a consequence, these countries did not sign the final version of the international treaty (89 did sign). After two weeks of sometimes fractious negotiation - 1,275 proposals were discussed in all - the contentious issues were significantly watered down. However the dissenting countries felt that the key issue - anything in relation to the internet - should not be included at all and, quite correctly, did not compromise on that. more

A Digital Bill of Rights (& Responsibilities), Part 1: Why Do We Need It

Using the lingo of Internet Governance, the "stakeholders" of digital technologies currently live in a state of confusion about their rights and responsibilities in the digital age. Digital technologies confront us with many questions we thought had been answered long before. We have a pretty clear understanding of our rights and responsibilities as citizens of our country, how a state should be governed, and how the private sector should conduct its business. more

Notes from NANOG 63

The following is a selected summary of the recent NANOG 63 meeting, held in early February, with some personal views and opinions thrown in! ...One view of the IETF's positioning is that as a technology standardisation venue, the immediate circle of engagement in IETF activities is the producers of equipment and applications, and the common objective is interoperability. more

Reality Check on the 5G Security MAGAverse

As chance has it, the attempt by NTIA to create a fake Trump Open 5G Security Framework MAGAverse as they headed out the door on 15 January is being followed this week by the global meeting of 3GPP SA3 (Security) to advance the industry's real open 5G security Framework. Designated TSGS3-102e (the 102nd meeting, occurring electronically), it continues the practice of assembling companies, organisations, and agencies from around the world every 8 to 12 weeks to focus on 5G security for current and future releases of 5G infrastructure. more

The First French Judicial Decision Over .EU

Over at VoxPI, Alexandre Nappey reports that, a few days ago, the first French judicial decision over a .eu domain name was released -- or more specifically the first decision over an application for a .eu name. The two parties own a trademark "EUROSTAR". They agreed on the coexistence of their respective marks in September 2004. Both applied for the same name 'eurostar.eu', on the same day. more

The Wayward AntiCybersquatting Consumer Protection Act

The Anti-Cybersquatting Consumer Protection Act (ACPA) has lost its way. The ACPA was passed in an era of domain name land grabs, where nefarious individuals would register and warehouse oodles of valuable domain names, and then extract ransom from bewildered-trademark owners. These nefarious individuals are known as "cybersquatters", and, according to the ACPA, they are bad. The Ninth Circuit, in an early reading of the ACPA, stated... more

Ending U.S. Government Amnesia About Its Legacy Internet Registries is in the Public Interest

On July 2, 2002, Damien Cave published an interview on Salon.com with John Gilmore, "original 'cypherpunk' and all-around Internet supergeek," titled "It's time for ICANN to go." In this wide-ranging interview, Gilmore -- an early employee of Sun Microsystems who also co-founded Cygnus Software (acquired by Red Hat) and was an early supporter of the Electronic Frontier Foundation and the Internet Society (ISOC) -- offered blunt insight and eye-opening historical detail... more

Impenetrable Processes and Fool’s Gold at ICANN

A couple of weeks ago, I attended part of the ICANN meeting in San Francisco. I've been watching ICANN and been peripherally aware of their issues since the organization began, but this was my first chance to attend a meeting. What I learned is that ICANN is a crazy behemoth of a bureaucracy, steeped in impenetrable acronyms and processes that make it nearly impossible for someone new to get up to speed. The best example of this is the recent approval of the .XXX top-level domain. more

Reflections on the .ORG Domain Registry Sale

For all the many reasons raised by thousands of petitioners by prominent members of the U.S. Congress, and the California Attorney General's office, this "sale" plainly should not be occurring. However, in a very real way, it is déjà vu. For me, as one of the handful of people who were members of the original InterNIC public advisory committee which oversaw the spinout of the registry activity from its DARPA government instantiation to a private enterprise business... more

Berkman Center Releases Broadband Study for FCC, Says Open Access Key to Competition, Performance

The Berkman Center for Internet and Society at Harvard University today announced the release of its 232-page study commissioned by the FCC examining global broadband deployment and usage. The draft of the study titled, "Next Generation Connectivity: A review of broadband Internet transitions and policy from around the world," has now been posted for public comment. 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

.WINE New gTLD is Here, Thanks to Politicians

It is no news that the .WINE and .VIN new gTLDs are to be announced soon by Donuts and if the month of November is the very month everybody has been waiting for, at the beginning of the Sunrise Periods, many questions arise regarding the protection of wine geographical indications... There is a lot to say regarding the length of time it took to launch .wine and .vin new gTLDs and, most of all, how difficult it has been to protect its wine Geographical Indications (also called "wine GIs"). more

Creating a National Cybersecurity Framework: Need For New Regulation?

The Congressional Research Service (CRS) recently released a major new study examining cybersecurity. The report, "Creating a National Framework for Cybersecurity: An Analysis of Issues and Options" discusses a variety of significant public and private cybersecurity concerns. The CRS analysis lists several broad options for addressing cybersecurity weaknesses ranging from adopting standards and certification to promulgating best practices and guidelines and use of audits among other measures. more

Why ICANN Rejected ISOC’s Billion-Dollar Attempt At Feathering Its Own Nest With .org Sale?

As I've pointed out in recent articles, the promises and obligations of the Memorandum of Understanding (MOU) are merged by direct reference into the InterNIC licensing agreement between the U.S. Department of Commerce and ICANN. This licensing agreement has been extended twice by mutual consent, most recently until January 2025. Therefore, the MOU's promises and obligations remain in effect through the InterNIC licensing agreement despite the fact that the MOU itself terminated in 2009. more