Policy & Regulation

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An Anti-Competitive .com Fait Accompli?

In a recent article, Is ICANN Staff Misleading the Board Into Violating Obligations to the U.S. Government, I wrote: The referenced Memorandum of Understanding (MOU) is the vehicle by which the U.S. government delegates to ICANN the responsibilities for overseeing the technical management of the Internet's Domain Name System (DNS)... This is important for many reasons, and much remains to be analyzed for additional context that can help expose the rot at the Internet's root. more

Multistakeholderism Is Working: A Short Series of Articles

I was in a conversation with a close friend the other day, you know the kind where you have been friends for so long that you have endured each other experimenting with changed politics, evolving religion, and if you are unlucky, flirtations with multilevel marketing. We were discussing politics that day, which is not unusual given our ancient friendship and the recent change at the helm of the United States. more

2012: The Year of the New gTLD Program and the Year to Support ICANN - Part II

As we go into 2012, I am encouraged that there are many, including top officials and leaders in Washington DC, who believe in ICANN's leadership of the multi-stakeholder model, and that the organization should be allowed to successfully midwife the new gTLD program. The Honorable Senator John 'Jay' Rockefeller for example was reported in the ICANN Blog as giving his full support: "I think we have to get used to dot-hotels. I think we have to get used to dot-auto." more

What Is the Purpose of ICANN’s Comment Periods?

Almost every institution which purports to provide space for public accountability includes some sort of formalized process by which the public can have their say. And in almost every instance, they struggle with a tension between the desire to provide a commenting process which is meaningful and substantive (or, at least, which appears to be so), and a desire to adopt whatever course of action the institution thinks is best. more

What Does “Network Neutrality” Mean?

A lot of ink and pixels have been spilled about the FCC's new rules for network neutrality. It's impossible to comment sensibly yet about the actual proposal, since as far as I know it's not been published anywhere, but the various news reports have left me confused about just what is being addressed. There are a number of different sorts of behavior that can result in performance differences to the end user... The purpose of this post is to give a simplified (with luck, not too horribly oversimplified) explanation of the different issues here. more

US-NL Cybercrime Treaty Signed

On Wednesday 22 February the United States and The Netherlands signed a "declaration of intent" on the cooperation on fighting cybercrime. This event was reported by the press as a treaty. At least that is what all Dutch postings I read wrote, with exception of the official website of the Dutch government. So what was actually signed? Reading the news reports some thoughts struck me. more

Where We’re Going: Leviathan or Golem?

The Internet never ceases to fascinate. I am referring not to its content, but to its governance. The IANA transition is the latest example in a world of interesting possibilities. At the core, we find ICANN, and that is why we need a Human Rights Advisory Committee. Any future model, with or without the NTIA, needs to seriously consider this option. But I prefer the hard truth over my own ideals. Maybe this idea will be dismissed, simply because human rights are discussed as some kind of inconvenience. more

It’s Safe to Be a Dog on the Internet Again: Lori Drew Prosecution Terminated

"On the Internet, no one knows whether you're a dog." Of course, if you are a dog, and you are fibbing about it, according to the US Attorneys Office out in California you're a felon and should be sent to the dog pound. Fortunately, there's a new dog in town who seems to be howling a different tune. Bad facts make for bad law. The unfortunate alleged facts of this case involved fibbing about actual identities, playing with a young girl's emotions, and the girl's eventual suicide. more

Net Neutrality 101: Why ‘Title II’ Doesn’t Apply to Internet Transmissions

No baby boomers had been born when Congress enacted Title II of the Communications Act in 1934 as a means of regulating the Bell telephone monopoly, and the first Millennials were in elementary school when that monopoly was broken up in 1983. Title II was set to die along with plain old telephone service until the Obama administration decided Title II should be used to implement net neutrality -- the principle that consumers should have reasonable access to internet functionality. more

ICANN 55, Marrakech: Witnessing a Historic Event, Community Empowered Work Continues

Earlier this month, MarkMonitor representatives were privileged to witness, at the first ICANN meeting of 2016 in Marrakech, Morroco, the historic presentation of the plan to transfer the stewardship of key internet functions (IANA) from the United States Government to a community and consensus-based model of governance through ICANN (Internet Corporation for Assigned Names and Numbers). 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

China’s New Law Could Severely Damper Domain Name Registrations

Trevor Little reporting in the World Trademark Review writes: "The Chinese government has announced that registries and registrars will have to meet a number of conditions and obtain the approval of the Ministry of Industry and Information Technology (MIIT) before being allowed to engage in commercial and operational activities in China." more

The Network Management Excuse

Telco front-man Scott Cleland, in a recent blog post, thumbs his nose at the Four Internet Freedoms and says that the FCC should too. Under current leadership, it probably will. Referring to the recent submissions to the FCC by Free Press and Public Knowledge and Vuze complaining about Comcast's use of reset packets to block applications that compete with Comcast's own proprietary video entertainment offering, Cleland says "Network management trumps net neutrality." There are lots of reasons for, ahem, managing. Cleland neglects to observe that controlling congestion the way Comcast does it is like scattering nails in the road for traffic control. more

Most Government Domains in the US Have Adopted Email Authentication Program to Prevent Fake Emails

According to reports, the majority of the U.S. federal domains have met the deadline to adopt an email authentication program to prevent fake emails from being sent. more

Internet: Quo Vadis (Where are you going?)

Articles, blogs, and meetings about the internet of the future are filled with happy, positive words like "global", "uniform", and "open". The future internet is described in ways that seem as if taken from a late 1960's Utopian sci-fi novel: the internet is seen as overcoming petty rivalries between countries, dissolving social rank, equalizing wealth, and bringing universal justice. If that future is to be believed, the only obstacle standing between us and an Arcadian world of peace and harmony is that the internet does not yet reach everyone... more