Policy & Regulation

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Bill C-27: Historic Canadian Anti-spam Legislation Battered, But Still Unbeaten

As readers of CircleID have seen, there has been a lot of activity (for example, Michael Geist's "Canadian Marketing Association Attacks Anti-Spam Bill"), as the final votes of C-27 grow nearer. The history towards getting a spam law passed in Canada has been a long one. For years, CAUCE encouraged legislators to undertake this important work... Fast forward a few years, and a few governments, and suddenly we have a law tabled in the House of Commons... more

Estimating Trademark Claims Notice Suppression of Non-Infringing New gTLD Registrations

On February 2nd ICANN staff announced the release of a Draft Report: Rights Protection Mechanisms Review that is open for public comment until May 1st. This Draft Report is preliminary to an Issues Report requested by the GNSO Council that is due to be delivered by September 30th, and that may set the stage for a Policy Development Process (PDP) on Rights Protection Mechanisms (RPMs) that could commence in 2016. Such a PDP could consider comprehensive reform of these RPMs as well as of the Uniform Dispute Resolution Policy (UDRP). more

ICANN IPC & BC to Host Cross-Community Call on Accreditation/Access Model for Non-Public WHOIS Data

The ICANN Intellectual Property Constituency (IPC) and Business Constituency (BC) will be hosting a community-wide discussion regarding the proposed accreditation and access model for non-public WHOIS data, which was first circulated to the community during ICANN 61. The discussion will take place via ICANN-supported remote participation and/or audio bridge this Friday, April 6, 2018, from 1400-1600 UTC. more

ICANN’s Economic Reports: Finding the Missing Pieces to the Puzzle

The ICANN community has been especially concerned about the economic reports used by ICANN to justify its decisions as to whether, and how, to implement applications for new gTLDs. Among the greatest sources of concern has been the failure of ICANN staff to issue a complete public response to the ICANN Board's October 2006 demand that ICANN Staff commission economic studies about gTLDs... more

A Serious Bug in the Similarity Check

A week ago, ICANN announced the latest delay in the New gTLD Program: the so-called "contention sets" will only be published March 1, 2013. The original deadline was July 2012, postponed serially in two-month intervals. The gTLD program is lost in confusing similarity. What went wrong? In order to determine which TLD applications are in contention, it is necessary to say which TLD strings are confusingly similar to one another. more

ICANN’s New TLDs: Of Course There Will Be an Auction - Part 1

The process for ICANN's new TLDs says that if there are several equally qualified applicants for a TLD, and they can't agree which one gets it, ICANN will hold an auction to decide. Recently some people have suggested that the applicants could use a private auction instead. Well, of course. In a situation like this, the question isn't whether there will be an auction, but only who will keep the money. more

FedRAMP: Critical to Cost-Effective Cloud Computing Cybersecurity

In September 2009, the Obama Administration announced the Federal Cloud Computing Initiative. As the government's CIO explained, cloud computing "has the potential to greatly reduce waste, increase data center efficiency and utilization rates, and lower operating costs." The Federal Risk and Authorization Management Program (FedRAMP) addresses the key elements of a cloud computing framework for federal agencies. more

Finland Legislates Universal Broadband

Finland's national broadband strategy (NBS) was set up in 2004 by the Ministry of Transport and Communications with the practical goal of increasing the number of broadband connections. The strategy, part guided by the EU's i2010 'Broadband for all by 2010' plan which focuses on rolling out broadband through a range of measures while promoting competition in and between networks, included an implementation program of 50 separate measures. Broadband access in sparsely populated and rural areas was to be supported by structural funds from the EU and central government. more

The TPP and the DNS

On November 5, 2015 the Office of the U.S. Trade Representative (USTR) released the official text of the Trans-Pacific Partnership (TPP). That text consists of 30 separate Chapters totaling more than 2,000 pages, and is accompanied by four additional Annexes and dozens of Related Instruments. Only those who negotiated it are likely to have a detailed understanding of all its provisions, and even that probably overstates reality. more

Verisign’s Preliminary Comments on ICANN’s Name Collisions Phase One Report

Verisign posted preliminary public comments on the "Mitigating the Risk of DNS Namespace Collisions" Phase One Report released by ICANN earlier this month. JAS Global Advisors, authors of the report contracted by ICANN, have done solid work putting together a set of recommendations to address the name collisions problem, which is not an easy one, given the uncertainty for how installed systems actually interact with the global DNS. However, there is still much work to be done. I have outlined the four main observations... more

Stopping Illegal Activity Online - It’s More Complicated Than It Seems

There was a compelling article in the Wall Street Journal (WSJ) the other day about ICANN and illegal online pharmacies. The result of a six-month investigation, the reporter, Jeff Elder, calls into question ICANN's effectiveness in investigating complaints of suspected illegal activity on domain names it has a contractual relationship with. Elder cites a recent incident where Interpol and the U.S. Food and Drug Administration tried to have 1,300 websites shut down because they were suspected of selling drugs without a prescription. more

Addressing Anticompetitive Behavior in Internet Standards Bodies

A significant focus is emerging today on the anticompetitive behaviour of Silicon Valley companies directed at dominating critical sectors of the on-line marketplace, and a U.S. Congressional hearing is scheduled. Such practices can be pursued in many ways. One of the more elusive, but very effective anticompetitive playbooks - known legally as the "antitrust conspiracy" - can occur in internet standards bodies. more

The Right to Internet Access

President Sarkozy of France recently managed to get his 'Création et Internet' law passed by the National Assembly, and if all goes well in the Senate then French internet users will soon find their activities being supervised by HADOPI, the grandly named 'Haute Autorité pour la Diffusion des Œuvres et la Protection des Droits sur Internet.' The rights it is concerned with are not those of ordinary net users but of copyright owners, and especially the large entertainment companies that have lobbied so hard and so successfully for the power to force internet service providers to terminate the accounts of those accused of downloading unlicensed copies of music, films and software... more

What the ICANN Brussels Meeting Means for New gTLDs

ICANN's 38th get-together, in Brussels, may become known as the meeting where the dust finally began to settle. Long-standing issues were settled, compromises were reached, no-one complained too much about the latest version of the Applicant Guidebook, and the Board stood by its project plan dates, even scheduling a Board retreat to solve remaining issues. Finally, there were no surprise "gotcha!" delays that generic Top-Level Domain (gTLD) applicants have been used to seeing at ICANN meeting. With one possible exception... more

Parallels Between Our Oceans and Internet Governance #WorldOceanDay

Today is June 8th and World Ocean Day. As I ponder on the threats and challenges to the world's ocean with the enormous stresses such as overfishing, pollution, ocean acidification that threatens all global standards of living, I cannot help but think about the startling similarities that global internet governance faces with its respective stresses of increasing cyber security vulnerabilities, threats, breaches of trust, growing cyber crime, breaches of privacy and data protection, identity thefts, pedophilia and many other things that threaten global public interest and our safety within an internet ecosystem. more