Policy & Regulation

Policy & Regulation / Recently Commented

Will We Ever End Legacy Telephone Networks?

Anybody not involved in the telephone business will probably be surprised to find that the old TDM telephone networks are still very much alive and in place. The old technologies were supposed to be phased out and replaced by digital technologies. The FCC started talking about this before 2010. In 2013, Tom Wheeler, the FCC Chairman at the time, announced an effort to force the needed changes, which was dubbed the IP Transition. more

Alternative Insights on Article 28 of the NIS2 Directive

On June 9 CircleID published an insightful article by Thomas Rickert entitled "Demystifying Art 28 NIS2." In that piece Thomas set forth two alternative interpretations of Article 28(6) of NIS2, and argued that TLD registries should not be required to maintain a separate database of the registrant data under NIS2. In my view, Thomas' approach is inconsistent with the remainder of Article 28, and would not achieve the goals of NIS2 to improve cybersecurity across the EU member states. more

The UN’s AI Leadership

In the same way monarchs are proclaimed - by powerful stakeholders attending a coronation and not objecting - the UN's International Telecommunication Union (ITU) took a mandate last week to coordinate AI Safety worldwide, with most industry leaders and relevant UN agencies were present when it did so. more

Demystifying Art. 28 NIS2

On December 14, 2022, the European Parliament adopted the Directive on measures for a high common level of cybersecurity across the Union (Directive (EU) 2022/2555) hereinafter referred to as "NIS2"), which was published in the official journal on December 27, 2022. Being a directive, NIS2 requires transposition into national law. According to Art. 41 of NIS2, the transposition into national law must take place by October 17, 2024 and the measures must be applied as of October 18, 2024. more

The FCC Cyber Trust Label Gambit: Part II

Sixty years ago, Paul Baran and Sharla Boehm at The RAND Corporation released a seminal paper that would fundamentally reshape the cyber world forever more. Their paper, simply known as Memorandum RM -- 1303, described how specialized computers could be used to route digital communications among a distributed universe of other computers. It set the stage for a flood of endless developments that resulted in the interconnected world of everything, everywhere, all the time. more

It’s the Latency, FCC

Section 706 of the Telecommunications Act of 1996 orders the FCC to "encourage the deployment on a reasonable and timely basis of advanced telecommunications capability to all Americans." On October 25, The FCC issued a notice of inquiry (NOI) into how well we are doing and invited comments. The NOI points out that COVID and the concomitant increase in the use of interactive applications has "made it clear that broadband is no longer a luxury... more

A Digital Protocol From Kyoto and a Cyber Message From Hamburg: IGF and ICANN Are Well Prepared for the Future

On October 12, 2023, the 18th Internet Governance Forum (IGF) ended in Kyoto. It was, with more than 9000 registered participants, the largest IGF since its inception in 2006. UN Secretary-General Antonio Guterres and Japan Prime Minister Fumio Kishida opened the five-day meeting. The tangible output included 89 "IGF Messages from Kyoto," four substantial reports with recommendations from IGF Policy Networks (PN) for Artificial Intelligence... more

In Search of an Agenda for a New Netmundial

With the strong possibility of a new Netmundial-style event being organized under the stewardship of CGI.br in 2024, the Internet governance community ought to reflect upon the benefits that this could bring to all stakeholders. In a scenario of uncertainty over the several processes affecting the future of the global network, there is value in taking another look at the original event's collaborative outcomes document, which summarized much of what was then understood to be core principles of Internet governance. more

ICANN Turning 25 - It’s the People that Make a Difference

Ali's invitation to post reflections on the past 25 years of ICANN is very welcome. No doubt, some will write about major shifts in how ICANN is governed, for example, the end of United States government oversight. While others will write about changes to the industry that ICANN has catalyzed, for example, the 2012 round of new gTLDs and the upcoming next application process. more

Biden’s National Cybersecurity Strategy Suggests Increased Website Security, Customer Protection

Phishing attacks have been rising over the past couple of years. Reports show that there was a 345 percent increase in phishing attacks between 2020 and 2021. In 2022, the number of advanced phishing attacks rose by 356 percent. Behind these alarming numbers, however, is an even uglier picture of digital fraud: a difficult-to-quantify prevalence of fake or spoof websites. more

The Standards Paywalls Fall: Everyone Benefits

Yesterday -- in a unanimous decision of the US Federal Court of Appeals for the DC Circuit (CADC) in ASTM v. Public.Resource.Org --- some of the worst standards paywalls came tumbling down. The court definitively determined that where governmental authorities incorporate private organisation technical standards into law by reference, non-commercial dissemination of those standards "constitutes fair use and cannot support liability for copyright infringement." more

Opinion: IP Leasing Should Become a Market Standard

The Regional Internet Registry (RIR) for the Asia-Pacific region (APNIC) recently held its 55th meeting in conjunction with APRICOT, from 20 February to 2 March 2023, in Manila, USA. One of the critical discussions at the conference was centered on the APNIC policy that does not accept IP leasing and has a questionable understanding of its necessity. According to the APNIC policy manual, which was referenced during the meeting, APNIC allocates and assigns resources based on need, and 'leasing is not allowed' nor does it form a basis for further need. more

What ICANN’s Strong Stance on the UN’s Global Digital Compact Says About Current Internet Governance

On 21 August 2023, ICANN org. made its position in relation to the current state of the UN's Global Digital Compact (GDC) clear in a blog post by Sally Costerton (ICANN CEO), John Curran (ARIN), and Paul Wilson (APNIC), entitled "The Global Digital Compact: A Top-down Attempt to Minimize the Role of The Technical Community." The publication strongly criticizes the GDC's attempt at folding the technical community into the civil society umbrella under a "tripartite" approach also involving the private sector and governments, as proposed by the Secretary-General's Envoy on Technology, Amandeep Gill. more

The Times Stand Still: Internet Shutdowns, the Irony of the Multistakeholder Process and Realpolitik

Governments worldwide increasingly resort to shutting down the Internet as a political tool to control information and silence dissent. This alarming trend is not limited to developing nations grappling with civil unrest or political transition. Indeed, it is gaining traction in developed nations, suggesting a global phenomenon transcending geographical boundaries and socio-economic development levels. more

A Netmundial+10 Could Help Redefine Pathways for Internet Governance in the Global South

The original Netmundial was a unique Internet governance event that took place in 2014 and set out to map new avenues for global cooperation around the theme, uniting diverse stakeholders to discuss the future of IG in a broad manner. It was initially convened by the Brazilian government and ICANN as an answer to the Snowden revelations of global Internet espionage performed by various nations (primarily the USA), in part due to these two actors being directly affected by the implications of the revelations. more