Policy & Regulation

U.N. Approves Resolution to Combat Cybercrime Despite Opposition From E.U., the U.S. and Others

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

ICANN@15: Born in the USA - But Will It Stay?

This article was originally intended to be a short one focused on indications that ICANN was exploring the establishment of a legal nexus outside the United States and discussing what that might mean - and whether it was consistent with the Affirmation of Commitments (AOC) entered into with the United States in 2009. Then, as completion neared, came the sudden and nearly simultaneous release of the October 7th Montevideo Statement and the announcement two days later of a proposed 2014 Brazil "Summit" focused on restructuring Internet governance. At that point the task vastly expanded. 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

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

Registration of Generic Names: Advocate General’s Opinion Before the Court of Justice of the EU

One of the most debated questions at the time of the opening of the .eu Top-Level Domain (TLD) was whether or not it was possible to register names on the basis of prior rights on signs which include special characters, such as an ampersand. The Advocate General of the Court of Justice of European Union has just published his opinion (4 years later...) more

Prepare for the Worst, But Hope for the Best

A couple of weeks ago, I blogged about the importance of the timeline leading up to the September 2015 deadline for the IANA oversight transition proposal. In that post, I explored the nature of U.S. politics and how it can affect the transition if we, as a community, are not diligent in our efforts to meet that deadline. Since then, the IANA Stewardship Transition Coordination Group (ICG) has held its first meeting and a conference call, resulting in some new information that necessitates an update to that post. more

ICANN and Monopolies

One thing that ICANN clearly lacks is a set of well documented and often referenced founding principles. This leaves the awkward position where everyone who has been around since the beginning has a different position on what those principles should have been and all those that have joined later know that there is something fundamental missing. The missing principle vexing me this week is that of fair competition. Even now, long after the gTLD vote, the argument still runs on... more

Demystifying Art. 28 NIS2

On December 14, 2022, the European Parliament adopted the Directive on measures for a high common level of cybersecurity across the Union (Directive (EU) 2022/2555) hereinafter referred to as "NIS2"), which was published in the official journal on December 27, 2022. Being a directive, NIS2 requires transposition into national law. According to Art. 41 of NIS2, the transposition into national law must take place by October 17, 2024 and the measures must be applied as of October 18, 2024. more

$59M and Counting: ICANN Board Downgrades Community Say on Use of Last Resort Auction Proceeds

ICANN's new gTLD program provides for last resort auctions to settle contention sets where the competing applicants are unable to reach agreement by negotiation or private auction, with the proceeds going to a segregated ICANN account. With the recent $25 million bid of Google to secure control of the .App registry the total proceeds of those ICANN auctions has swelled to $58.8 million. The final sum by the end of the first round could go higher, perhaps to more than $100 million. That's serious money. more

A Short History of ITU Network Security Activity

Since the inception of ITU precursors in 1850, its various bodies have treated the subject of telecommunication network security as both an obligation of signatories to the treaty instruments as well as an ongoing collaborative activity. However, what it actually did in those activities was constrained by its jurisdiction and participant competency -- which encompassed international public telecommunication services provided primarily by designated government agency service providers known as PTTs. more

Could Net Neutrality be to Investments in the Internet What AT&T’s Regulation was to Bell Labs?

As the FCC moves forward with its plans to regulate the internet in the U.S., it's worth taking a look at what's happened when the government has regulated other innovative industries. As a facilitator of innovation, I've always been fascinated with the history of Bell Labs. Bell Labs was once thought of as the source of most modern innovations... The work done at Bell Labs built the foundation for modern invention leading to phones, space exploration, the internet, music distribution, cell phones, radio and television and more. more

Let American Telcos and Cablecos Merge - But Declare Infrastructure a Utility

While there is much discussion in the United States about the mergers of Comcast and Time Warner Cable, and of AT&T and DirectTV, issues such as this are generally discussed from a very narrow perspective and, we maintain, from the wrong underlying telecoms regime operating in that country - one that has stifled competition in the telecoms for nearly two decades. The same wrong parameters apply to the endless debates on net neutrality an issue that is, by the way, largely of significance to the US market alone. more

Microsoft’s New Study Reports Over 162 Million in US Lack Broadband, FCC Says Only 24.7 Million

A new study by Microsoft researchers suggests the actual use of high-speed internet across the US is quite different than those of from the FCC. more

Portrait of a Single-Character Domain Name

Let's take some crayons and draw a picture of the current state of affairs regarding single-character domain names (SCDNs), and specifically O.COM. During the public comment period for the current O.COM RSEP, ICANN's own Intellectual Property and Business constituencies recommended implementation of rights protections mechanisms (RPMs) for intellectual property, including Sunrise and Priority Access periods. It is curious that such hard-won protections are being so easily set aside by Verisign and ICANN. more

Cyberwar vs No Cyberwar

I was browsing CircleID the other day and came across Bruce Schneier's article on cyberwar. Schneier's article, and the crux of his point, is that the term cyber war and the threat of cyber warfare has been greatly exaggerated. The real problem in cyberspace is not the threat of cyber warfare wherein a foreign government, or possibly non-state actor, conducts a cyber attack on another nation. more