Policy & Regulation

Clearing up the “logjam”: ICANN Must Drop its Request for a Unilateral Right to Amend the Agreements

A very rare thing happened in the GNSO Council meeting this week - the ICANN community spoke with one voice. Registries, registrars, non-commercial interests, new TLD applicants, IP owners and businesses unanimously and unambiguously agreed that giving ICANN a "unilateral right to amend" the registry and registrar agreements is not compatible with ICANN's bottom-up processes and poses a fundamental threat to the multi-stakeholder model. There is true consensus that this change should be rejected. more

Narcotics Traffic Is Not Part of a Healthy Domain System

A stack contrast is emerging within the DNS between providers who tolerate blatantly illegal domain use and those who do not. Our study, just published here focuses on five U.S.-based providers, their policies, and their response to reports of opioid traffic within their registry or registrar. There are many providers, not covered here, who removed hundreds of domains selling opioids and I applaud their efforts. more

Radio Interview Discusses Domainers and Domaining

Damien Allen of VTalk Radio recently interviewed Professor Eric Goldman of the Santa Clara University School of Law on the topic of "Domaining". The interview covers the nature of domaining as a business and how it differs from cybersquatting. From the interview: "Often times the domainers are not particularly interested in profitable resale and, in fact, in my experience many times when domainers get complaints about domains, they'll just hand the domain name back, no questions asked and no money charged. They're not looking to make money from the resale of the domain names..." more

EFF: For ISPs to Retain Power to Censor the Internet, DNS Needs to Remain Leaky

EFF's Senior Legislative Counsel, Ernesto Falcon, in a post on Monday has argued that major ISPs in the U.S. -- the likes of Comcast, AT&T;, and Verizon -- are aggressively influencing legislators to stop the deployment of DNS over HTTPS (DoH), "a technology that will give users one of the biggest upgrades to their Internet privacy and security since the proliferation of HTTPS." more

RIAA Loses Again: No Legal Wins Against P2P File Sharers So Far

The Recording Industry Association of America (RIAA) has been taking a lot of people to court -- basically, harassing folks in an attempt to curb file-sharing. The $220,000 verdict against Jammy Thomas got a lot of news (and probably worried a lot of folks). However, on appeal (i.e., after a new court not cherry-picked by the RIAA to try the case looked things over), the RIAA lost... again. ...At its heart, the verdict reaffirms that simply making a copyrighted work available is not the same as actually distributing the work. more

Networks and Nationalization

This post isn't about -- or isn't only about -- the use of computer technology to commit crimes. It's more about the use of computer technology to commit war. A few weeks ago, I was part of a conversation about the legal issues cyberwarfare raises. We were talking about various scenarios -- e.g., a hostile nation-state uses cyberspace to attack the U.S. infrastructure by crippling or shutting down a power grid, air traffic control systems, financial system, etc. Mostly, we were focusing on issues that went to the laws of war, such as how and when a nation-state that is the target of a cyberattack can determine the attack is war, rather than cybercrime or cyberterrorism. more

The IPTV Growth in South Korea

At the beginning of 2008, the South Korean government passed a law that allowed telecoms operators to broadcast programmes in real-time over their broadband networks. The KCC awarded IPTV licences to KT Corp, Hanaro Telecom and LG Dacom. KT was banking on real-time Internet TV services because growth in the traditional broadband and telephone markets had slowed. The company planned to invest more than KRW1.7 trillion (US$1.5 billion) in IPTV services by 2012 as part of efforts to cultivate new sources of revenue. more

NSA, Prism and Internet Exchange Points in Canada

As the operator of the registry for the .CA top-level domain and the domain name system (DNS) infrastructure that supports it, I am uncomfortable, though not surprised, with the knowledge that a government is monitoring the activities of Internet users. And while recent reports about the National Security Agency's top-secret PRISM program actively monitoring Internet users in the United States and (by default) citizens of other countries - Canada included - are on the front page of newspapers around the world, Internet surveillance is not exactly new. more

Undersea Cable Cuts, Internet Governance, and Lessons Learned

Early this month I attended the 3rd Internet Governance Forum in Hyderabad, India. The overall theme of the 4-day meeting was "Internet for All"... Last Friday, I spent a couple of hours in the morning on email before I got cutoff around 10am. I have 2 DSL lines at home through 2 different ISPs, I tried both lines but they were both down. I thought something wrong happened at the local exchange and decided to turn off my computer and enjoy my weekend. The last thing I could have thought about then was that what happened back in January 2008 was happening again in less than a year! more

The Coming Cybersecurity Regulatory Revolution

Cybersecurity regulation will take its place alongside environmental regulation, health and safety regulation and financial regulation as a major federal activity. What is not yet clear is what form the regulations will take. FISMA controls, performance standards, consensus standards and industry-specific consortia standards are all possible regulatory approaches. What is not likely is an extended continuation of the current situation in which federal authorities have only limited, informal oversight of private sector cyberdefenses (or lack thereof). more

Registrar Abacus America is in Corporate Delinquency

KnujOn has retrieved a document indicating that the ICANN-Accredited Registrar Abacus America is in Corporate Delinquency in the state of Kansas. Kansas defines a company as Delinquent if "The business entity has not filed its annual report and fee by the due date." ... This incident is significant because Abacus America was cited by LegitScript and KnujOn for sponsoring an unlicensed pharmacy selling Schedule 3 substances... more

TLD Expansion: ICANN Must Not Back Down

ICANN's plan to open up the domain name space to new top level domains is scheduled to begin January 12, 2012. This long overdue implementation is the result of an open process that began in 2006. It would, in fact, be more realistic to say that the decision has been in the works 15 years; i.e., since early 1997. That is when demand for new top-level domain names, and the need for other policy decisions regarding the coordination of the domain name system, made it clear that a new institutional framework had to be created. more

2011 UDRP Filings Up at WIPO, Down at NAF - And Still Infinitesimal

The World Intellectual Property Organization (WIPO) recently issued a detailed press release regarding Uniform Dispute Resolution Policy (UDRP) cases for which it provided arbitration services in 2011 and, once again, the number of WIPO filings was up. According to WIPO: "In 2011, trademark holders filed a record 2,764 cybersquatting cases covering 4,781 domain names with the WIPO Arbitration and Mediation Center (WIPO Center) under procedures based on the Uniform Domain Name Dispute Resolution Policy (UDRP), an increase of 2.5% and 9.4% over the previous highest levels in 2010 and 2009, respectively." Yet that's an incomplete picture. more

Mark Zuckerberg’s Content Moderation Overhaul: Prelude to a Fragmented Internet and a Threat to Truth

Mark Zuckerberg's recent announcement of sweeping changes to Meta's content moderation policies marks a pivotal moment for the internet, democracy, and truth itself. The decision to replace third-party fact-checking with a decentralized "Community Notes" system and relocate trust and safety operations to Texas signals a shift in Meta's governance approach. This move is not only politically expedient but also a troubling prelude to the tech industry bowing to the political priorities of the incoming Trump administration. more

CENTR Publishes a Paper on Domain Name Registries and Online Content

The Council of European National Top-Level Domain Registries (CENTR) has published a paper on Domain name registries and online content which explores the domain name registries' relation and role regarding content online. more