Policy & Regulation

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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

Facebook Used VPN App to Collect Competitive Data on App Usage, According to Reports on Leaked Docs

U.K. Parliament today released 250 pages of internal emails between Facebook and other tech companies regarding accessing user data through the social network's system. more

The Senate Should Take the DOTCOM Act Off Cruz Control

Recently we speculated on the question "Will 2016 Politics Trump Bipartisan Support for the MSM and DOTCOM Act?" That article discussed the possibility that the Obama Administration's decision to relinquish ICANN stewardship via the periodic re-awarding of the IANA functions contract might arise in the ongoing U.S. Presidential sweepstakes, most likely from a Republican entrenched in the far right wing of that Party. We also discussed whether its introduction might erode the currently broad and bipartisan Congressional acceptance of the transition... more

The Proposed “Cloud Computing Act of 2012,” and How Internet Regulation Can Go Awry

Sen. Amy Klobuchar has introduced a new bill, the "Cloud Computing Act of 2012" (S.3569), that purports to "improve the enforcement of criminal and civil law with respect to cloud computing." Given its introduction so close to the election, it's doubtful this bill will go anywhere. Still, it provides an excellent case study of how even well-meaning legislators can botch Internet regulation. more

ICANN: The Stakes in Registrar Accreditation

Law enforcement demands to domain name registrars were a recurring theme of the 42d ICANN public meeting, concluded last week in Dakar. The Governmental Advisory Committee (GAC) took every opportunity at its public meetings with GNSO and Board, and in its Communique to express dismay, disappointment, and demands for urgent action to "reduce the risk of criminal abuse of the domain name system." more

Google Finds Nothing is Shovel Ready, Not Even for Free Fiber Build

Google is deploying fiber at its own expense in Kansas City, Kansas and Kansas City, Missouri to demonstrate the value of one gigabit (a gigabit is a billion bits -- a lot) per second residential Internet connections and perhaps to show at&t and Verizon and the cable companies how the search giant might fight back if its growth is restricted by their restrictions or limitations. ... Whoops. Google just learned the same lesson that President Obama learned in Stimulus 1 more

Lessons from Egypt: We Need to Protect Our Connected Minds

We need to protect the power that allows us to connect our collective intelligence, as described a few weeks ago in my blog on connected minds. I argued that in order to address some of our global challenges we have to start looking at a radically new way to address them. The events in Egypt brought home the fact that if it comes to the crunch any government can disconnect us simply by bringing the Internet and other communications systems down at will... more

ICANN at a Crossroads: GDPR and Human Rights

The European Data Protection Board certainly has been keeping its records straight. Its 27 May statement starts with the following: "WP29 has been offering guidance to ICANN on how to bring WHOIS in compliance with European data protection law since 2003." All internet users have dealings with the Internet Corporation for Assigned Names and Numbers, yet the vast majority have never heard of ICANN. 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

UDRP and Article 92(b) of EUROPEAN COUNCIL REGULATION (EC) No 40/94

It has been over a year since I posted "The Non-Parity of the UDRP", how little did I know then compared to now! Since that posting, the corporations and their lawyers have given me a crash course in the law and I have learned much. There are many tricks that corporations will play on a domain name registrant in order to silence criticism of the corporation and to violate the registrants right of freedom of expression without frontiers. The UDRP Administrative Proceedings is one such trick... more

Easy Access to ICANN, IP Address Data Beats Info on Encrypted Data, Says Telstra Cybersecurity Head

When it comes to fighting cybercrime, "being able to easily access ICANN and look up IP addresses is a lot more important than accessing the minutiae of encrypted data communications," says Jacqueline McNamara, head of cybersecurity at Telstra. more

Recent Industry Changes: Internet Standards, ARIN WHOIS Changes, Hotmail Postmaster Pages

Signing Email is now a Draft Standard! Signing email transitioned from a proposed standard to a draft standard (RFC6376 -- one of the new RFCs) over at the IETF a few days ago. The other is RFC6377. Let's go through a brief history of DKIM RFCs to refresh our memories... more

US Laws Remain Set to Govern Upcoming Multilingual Internet via New gTLDs

U.S. laws remain set to govern the coming multilingual internet through ICANN's new generic Top-Level Domains (gTLDs) yet the ramifications of this fact if you are Chinese, Arab, Indian, Russian or other are huge as ICANN published its 7th Applicant Guidebook in preparation for its board consideration on June 20th during the Singapore meeting. To many nations and citizens around the world, especially the non-English speaking communities, this will be seen as a strategically alarming direction for the global Internet. more

ICANN’s Noah: Chehade’s 40-Day Report Card

Forty days. That's how long Fadi Chehade has had to get a handle on the most complex, diverse and important non-profit corporation the world has ever known. The last guy to face such an unforgiving timeline was measuring timber in cubits. So if Cheade is Noah, I guess that makes ICANN Chairman Steve Crocker God, telling Fadi to wrangle all these diverse (and often diverging) constituencies and march them two-by-two into the boat, ahead of the coming storm. more

Let’s Talk About “Internet Responsibility”

We need to talk about Internet responsibility, and we need to talk about it now. By "Internet responsibility," I am not referring to some abstract subjective connotation of it, but rather to an attempt to identify objective criteria that could be used as a benchmark for determining responsibility. For the past 20 something years we all have been using the Internet in different ways and for different reasons; but, have we ever contemplated what our levels of responsibility are? more