Policy & Regulation

The Irritating Irresolution of ICANN Jurisdiction

The ICANN community review and Board approval of the draft Bylaws intended to implement the Work Stream 1 (WS1) recommendations of the Cross-Community Working Group on Accountability (CCWG-ACCT) are nearing completion. As we approach that marker, it is worth remembering that a major impetus for the approaching transition of IANA functions control away from the U.S. Government (USG) to the multistakeholder community was the notion that termination of the remaining "clerical function" performed by the USG within the context of the current IANA contract would dampen criticism of ICANN's relationship with the USG... more

Court Sides with FTC, Says AT&T Cannot Escape Jurisdiction of the Agency

California appeals court today gave Federal Trade Commission the green light to move forward with a lawsuit alleging that AT&T Inc was deceptive in slowing internet speeds to customers with unlimited plans. more

IGF Best Practice Forums, an Opportunity to Bring Your Experience to the Policy Debate

In the run-up to the 14th Internet Governance Forum in Berlin, Germany, 25 to 29 November, different groups are discussing best practices pertaining to specific internet governance policy questions. These groups are open and thrive on your input and experiences. Their findings will be presented at the IGF and published shortly after. The IGF Best Practice Forums intend to inform internet governance policy debates by drawing on the immense and diverse range of experience and expertise... more

Examining the Reality of Convergence

If there is one word in the telecommunications that has suffered from over-abuse for many years now, it's convergence. The term has been liberally applied to each successive generation of communications technology for their supposed ability to solve a myriad of service delivery problems within a single unifying converged carriage and service delivery solution. Unfortunately, the underlying reality has always been markedly different from these wondrous promises, and we continue to see an industry that deploys a plethora of service delivery platforms and an equally diverse collection of associated switching and service delivery technologies. One can't help but wonder at the collective gullibility of an industry that continues to herald the convergent attributes of each new generation of communications technology, while at the same time being forced to admit that previous convergent promises have never been realized. more

Internet Religious Wars: Net Neutrality Episode

Turning network technical protocols into religion seems like an inherently bad idea -- transient and unstable at best. However, it happens. More than 40 years ago, the world of legacy telecommunications and network design formalism started the tendency with OSI (Open Systems Interconnection) and ISDN (Integrated Services Digital Networks). A few years later, the academic research community did it with their myriad host-to-host datagram protocols -- eventually calling one "the Internet." more

Registries, Registrars, Resellers and the Fight Against Cyber Crime: The EU-US Meeting

On 24 and 25 February 2011 the European Commission, DG Home Affairs, organised a meeting on cyber crime in cooperation with the US government, Department of Justice, with representatives of the law enforcement community, registries and registrars. The basis of the discussion was the RAA due diligence recommendations (hence: the recommendations) as presented by LEAs in the past years during ICANN meetings. The meeting was constructive, surprising and fruitful. I give some background, but what I would like to stress here is what, in my opinion, could be a way forward after the meeting. more

ICANN’s New TLDs: Of Course There Will Be an Auction - Part 2

A few days ago I opined that if several people want the same Top-Level Domain (TLD) and can't come to terms otherwise, they should arrange a private auction. It would be an odd sort of auction, since the buyers and sellers are the same people, so unlike normal auctions, the goal is not to maximize the selling price. How might it work? more

ITU’s Landmark Decisions

The ITU, through its Council acting as the executive body of the Member States, made a "landmark decision" to make available to the public "the main [WCIT] conference preparatory document" and to establish a publicly accessible page "where all stakeholders can express their opinions" on the preparatory document or other WCIT-related matters. more

At the Crossroads: The State of Domain Registration Data Services

The Internet's users rely on domain name registration information for vital purposes, including providing security, problem-solving, and legal and social accountability. The data is so important that users perform more than two billion WHOIS queries every day. ICANN has instituted new data policies over the last two years, and is also directing a migration to a new technical protocol, RDAP, that will replace WHOIS access in the near future. So at this critical juncture, how is it all going? more

EURODIG Tbilisi 2018: Positioning in the New Complexity of the Global Internet Governance Ecosystem

Early June 2018 the European Internet community traveled into the Caucasian Mountains to participate in EURODIG 11. On its way into the digital age, Europe is, as EU Commissioner Mariya Gabriel said, at another crossroad. In cyberspace, Europe risks becoming sandwiched between US and Chinese Cyberpower policies. Social networks, search engines, smartphones, eTrade platforms - key sectors of today's digital economy - are dominated both by the US and Chinese giants: Alibaba and Amazon, Google and Baidu, Facebook and Weibo, Apple and Huawai. more

VeriSign Anti-Trust Lawsuit Paves Way for More Suits If There Are No Vertical Integration Exceptions

The Coalition for Internet Transparency (CFIT) filed an anti-trust suit against VeriSign for their monopoly control of the .COM registry and the expiring market of .COM domains. The claims were many including excessive financial pressure lobbying and lawsuits to force ICANN into renewing the VeriSign .COM agreement under very self-serving terms. ICANN inevitably was paid millions of dollars to settle the suit. However, the saga continues once again. ... In the light of continuous and relentless discussions and proposals by the Vertical Integration working group, one question is in the back of everyone's mind. Could the decision on Vertical Integration backfire on ICANN and invite similar suits in the domain name space? more

NTIA’s FOIA Disclosures Shed Limited Light on IANA Transition Decision

On March 27, 2014, shortly after the National Telecommunications and Information Administration's (NTIA) March 14th announcement of its intent to transfer its counterparty status on ICANN's IANA functions contract to the global multistakeholder community, the conservative advocacy organization Americans for Limited Government (ALG) filed a Freedom of Information Act (FOIA) request with NTIA. ALG's request was for disclosure of "All records relating to legal and policy analysis developed by or provided to the National Telecommunications and Information Administration (NTIA) that support its decision to "transition key internet domain name functions," including any analysis showing whether the NTIA has the legal authority to perform the transition." more

The Economy, Not Surveillance or Weapons Systems, Is the Real Source of National Security

The worldwide public discussion about surveillance produced by the Snowden revelations has so far largely missed a major strategic fault with national security arguments for continued mass surveillance: that economic damage to the technology sector but more fundamentally to the wider economy is a likely result. This damage is also likely to undermine security far more than any potential gains from continuing as we are - or continuing but with some transparency or narrowing that leaves the existing industrial scale surveillance system largely unchecked. more

IANA: The World Loses if the Technical Industry Checks Out

On Friday, 14 March 2014, the U.S. Department of Commerce National Telecommunications and Information Administration (NTIA) announced its intention to transition the IANA functions to the global multistakeholder community. As expected, the announcement has sent adrenaline coursing through the veins of Internet governance experts and government policy people the world over. I'd argue, however, that it is an important point for the Internet's technical experts to sit up and take notice, as well: the fact that you are probably saying "what problem does this solve?" is a testimony to how much works well today, and we want to make sure it continues to work well in any future arrangements. more

New, Old and Forgotten Frames in the Network Neutrality Debate

One key reason for confusion about Network Neutrality lies in the many different and inconsistent frames used to shape the debate. The Tea Party has entered the fray by characterizing the matter primarily in terms of freedom. Republicans decry the "job killing" impact of the FCC's rules. Network Neutrality advocates appear ambivalent whether the FCC has capitulated to special interests, or shaped a pragmatic compromise. more