Policy & Regulation

California Senate Passes Bill to Restore Net Neutrality Regulations

The California Senate has voted to approve a bill to restore net neutrality regulations repealed by the Federal Communications Commission in December. more

How Not to Develop Public Policy

Some of ICANN's current proceedings on the introduction of new generic top level domains (gTLDs) provide a case study on how not to develop public policy. In particular, the Rights Protection Mechanism proceedings, with serious implications for trademark owners, have followed a course that does not correspond to the ideal of ICANN's bottom-up, consensus-based processes for policy development. More importantly, these proceedings are effectively unilateral developments in international law without the benefit of treaties or international conventions. 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

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

The Public Interest and the Root: Why the Next Round Demands a Public Law Approach to DNS Governance

As ICANN prepares to expand the domain name space, calls grow for a public-law framework to govern the DNS root, ensuring global equity, transparency, and accountability in managing the Internet's core infrastructure. more

Fear of New gTLD Monopolies Is Overblown

You should not worry too much if some of the new generic Top-Level Domain names (gTLDs) become monopolies. ICANN and the registries won't charge monopoly prices as long as they have to worry about the government stepping in. Monopolies normally present two problems for consumers: restricted output and higher prices. In the case of the new gTLDs, restricted output is caused only by ICANN's monopoly over approving gTLD applications. 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

A Consociational Bureau for the Internet Governance Forum

The principle that Internet governance "is a joint effort which requires cooperation and partnership among all stakeholders" (Geneva Declaration of Principles, para 20) has become axiomatic since it was first agreed at WSIS, and is fundamental to the IGF as a "new forum for multi-stakeholder policy dialogue" (Tunis Agenda, para 72). However at the same time as this principle has been universally embraced, some of its implications, that would require the four stakeholder groups identified in the Tunis Agenda to collaborate on the development of joint policy recommendations (Tunis Agenda para 72(g)) have met with resistance. That the strongest resistance has come from those stakeholders with the greatest investment in the existing Internet governance regime... more

Defensive Domain Name Registrations – Exactly Where Should They Resolve?

Domain names can be valuable assets, but many corporate domain name portfolios consist of non-resolving domains. In a recent survey conducted by Brandsight, more than 91% of domain professionals said that ensuring domains redirect to relevant content was an extremely important or somewhat important goal. That said, it's not uncommon for less than half of corporate domain name portfolios to point to live content. more

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

An Attack on WiFi Spectrum

A little over a year ago, the FCC approved the use of 1,200 MHz of spectrum in the 6 GHz band for public use -- for new WiFi. WiFi is already the most successful deployment of spectrum ever. A year ago, Cisco predicted that by 2022 that WiFi will be carrying more than 50% of global IP traffic. These are amazing statistics when you consider that WiFi has been limited to using 70 MHz of spectrum in the 2.4 GHz spectrum band and 500 MHz in the 5 GHz spectrum band. more

Dissecting the 2022 UK Cyber Security Strategy: The ‘Whole of Society’ Approach

The UK government launched its 2022 Cyber Security Strategy on 15 December 2021, outlining its ambitious plans to improve the resilience of UK institutions and businesses while protecting the country's interests in cyberspace. The strategy signals a more involved approach by the government, which previously relied heavily on the private sector for leadership. The government's stated commitment to a 'whole of society' approach sounds really good on paper, but what exactly does it really mean? 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

NTIA Extends Comment Period for Its Paper “Fostering the Advancement of the Internet of Things”

Over the past year, the National Telecommunications and Information Administration in the Department of Commerce has convened a series of meetings and sought feedback on the policy implications of the Internet of Things... 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