Policy & Regulation

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Why is ICANN Traveling Without Moving and Thwarting Innovation in the Domain Space?

While I was giving my .music presentation at ICANN Studenkreis in Barcelona, Spain last week, it dawned upon me. There was not one single ICANN staff member sitting in the room taking notes on any of the presentations given by TLD applicants. I was convinced that it would be beneficial to ICANN staff to observe our presentations and perhaps receive useful feedback from TLD applicants that could be used to better draft the Expressions of Interest recommendation. more

The Root of All Email

This week, the Internet Engineering Task Force (IETF) published a number of what they call "RFCs," which originally meant "Requests for Comment" - the standards documents which specify the technical underpinnings of the Internet. Two of these, numbered 5321> and 5322, replace earlier documents defining the very core of internet email. On the surface, each of these seem surprisingly simple... Yet without general industry-wide acceptance of (and compliance with) these standards, internet email simply would not exist. more

Notice, Takedown, Borders, and Scale

I was on the front lines of the SOPA wars, because SOPA touched on two matters of strong personal and professional importance for me: protecting the Internet infrastructure, and protecting the economy from Internet related crime. I've continued to study this field and advise industry participants in the years since then. The 2017-02-20 paper by Annemarie Bridy entitled Notice and Takedown in the Domain Name System: ICANN's Ambivalent Drift into Online Content Regulation deserves an answer, which I shall attempt here. more

What’s the Right Definition of Upload Speed?

I read a blog on the WISPA website written by Mark Radabaugh that suggests that the best policy for broadband speeds would be met by asymmetrical architecture (meaning that upload speeds don't need to be as fast as download speeds). I can buy that argument to some extent because there is no doubt that most homes download far more data than we upload. But then the blog loses me when Mr. Radabaugh suggests that an adequate definition of speed might be 50/5 Mbps or 100/10 Mbps. more

Encryption and Securing Our Digital Economy

As G20 leaders from around the world gather this week, Germany wants them to agree to a concrete plan -- one that includes affordable Internet access across the world by 2025, common technical standards and a focus on digital learning. Today, the G20 economies, like so many other economies around the world, are digital and interconnected. Digital services have opened up new avenues for sustainable economic growth. more

A Digital Protocol From Kyoto and a Cyber Message From Hamburg: IGF and ICANN Are Well Prepared for the Future

On October 12, 2023, the 18th Internet Governance Forum (IGF) ended in Kyoto. It was, with more than 9000 registered participants, the largest IGF since its inception in 2006. UN Secretary-General Antonio Guterres and Japan Prime Minister Fumio Kishida opened the five-day meeting. The tangible output included 89 "IGF Messages from Kyoto," four substantial reports with recommendations from IGF Policy Networks (PN) for Artificial Intelligence... more

Saying No to the ITRs

The afternoon of 13 December in Dubai is notable for one important deadline -- "declaration" if a Nation State is willing to accept the obligations of the resulting treaty instrument and if so, subject to what conditions. It is worth emphasizing that multilateral treaty instruments are serious constraints on a Sovereign's powers, and most nations even if they do sign, make general declarations that provide escape routes to the obligations. more

The Other Vote on November 4th

The vote that Federal Communications Commissioners are planning for November 4 is not as important as the voting we'll do on that day, but it does matter a lot to the future of the United States. Unless the forces opposed to progress manage to postpone FCC action (which they are trying very hard to do), the FCC could decide to set the stage for another generation of innovative products with which the US will strengthen its competitive position in global markets... more

Rent vs. Buy: The Driver of Economics

We the people like to own stuff and not pay rent to use it (BTW, rent includes taxes but that's another story). They the oligarchs like to own the stuff and charge us rent to use it. The rise of a middle class has historically meant the rise of a property-owning class. The underclass pays exorbitant rents. The telecommunications world -- or at least the US part of it -- is a battle of rent vs. buy. Economics says that ownership or rentership is all based on access to capital. Certainly capital is a huge part of the equation -- can you spell "home loan"?; but it's not the whole story... 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

The Path Forward: Accountability Through the IANA Transition

It's clear that the US government is intent on dropping its legacy contractual role for the IANA functions. Whatever your views on the wisdom or timing of that decision, the challenge now is to ensure that the transition leaves ICANN in the best possible position to succeed. Arriving yesterday to the island nation of Singapore felt strangely appropriate. Over the past week I've been one of the lonely people in the ICANN community to express concern about the US government's decision. 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

Port 43 Failures Continue to Haunt

On February 16, 2012 ICANN took the new step of suspending the Registrar Alantron's ability to register new names or accept inbound domain transfers. This new compliance tool was used following Alantron's apparently inadequate response to a breach notice issued November 7, 2011. The issue in part concerns Alantron's perpetual problems with Port 43 WHOIS access which is required by the Registrar Accreditation Agreement. more

GNSO Constituencies Issue Unanimous Joint Statement on ICANN Accountability

In an unprecedented development, all stakeholder groups and constituencies comprising ICANN"s Generic Names Supporting Organization (GNSO) unanimously endorsed a joint statement in support of the creation of an independent accountability mechanism "that provides meaningful review and adequate redress for those harmed by ICANN action or inaction in contravention of an agreed upon compact with the community". The statement was read aloud during a June 26th session on the IANA transition process held on the last day of the ICANN 50 public meeting in London. more

The Framing of “IP Transition” Fails to Come to Terms With Real Impact of the Internet

I keep seeing so many articles about the Internet and related policy issues that it's hard to know how to respond. The term "IP Transition" may be a good starting point since the term is an attempt to treat the Internet as a smooth transition rather accepting the idea that we are in the midst of a disruptive change. It seems that the FCC's approach is to simply substitute IP for old protocols and to preserve policies tied to the accidental properties of a copper infrastructure. This shows a failure to come to terms with the new reality. more