Policy & Regulation

Policy & Regulation / Recently Commented

NIS2, ICANN and “Thick” WHOIS: A Mandate to Move Forward

The recent adoption at the end of December of the new EU Directive for a high level of cybersecurity across the Union -- commonly referred to as "NIS2" - paved the way for important updates to the domain name system (DNS). Most significantly, Article 28 of NIS2 and its related recitals resolved any ambiguities about the public interest served by a robust and objectively accurate WHOIS system that permits legitimate access by third parties to data... more

Internet Governance Outlook 2023: Will “Digital Coop-Frontation” Become the “New Normal”?

In 2022, the Internet world was shaken by big contradictions. On the one hand, efforts to constitute a stable and secure framework for a safe cyberspace made substantial progress. The UN got a new Tech Envoy. The UN-based Internet Governance Forum (IGF) got a "Leadership Panel." The UN negotiations on cybersecurity and cybercrime produced constructive interim results. more

Is Secured Routing a Market Failure?

The Internet represents a threshold moment for the communications realm in many ways. It altered the immediate end client of the network service from humans to computers. It changed the communications model from synchronized end-to-end service to asynchronous and from virtual circuits to packet switching. At the same time, there were a set of sweeping changes in the public communications framework... more

FCC Implements Broadband Labels

The FCC voted recently to implement consumer broadband labels. This was required by section 60504 of the Infrastructure Investment and Jobs Act. The new rules will become effective after the Office of Management, and Budget approves the new rules and after the final notice is published in the federal register. ISPs will then generally have six months to implement the labels. The labels look a lot like the nutrition labels that accompany food. more

The Continuing WHOIS Disappearing Act

WHOIS is about to become even harder to find. ICANN has recently concluded long-delayed contract negotiations with industry meant to accommodate the technical migration from the WHOIS protocol to the Registration Data Access Protocol (RDAP). Instead of limiting the changes to what's necessary to implement the new technical protocol, the proposals effectively gut WHOIS, making it virtually impossible to find by eliminating web-based WHOIS access... more

Achieving Multi-Stakeholder Progress on DNS Abuse

DNS Abuse and how to address it has been the topic of intense, often conflictual, and rarely conclusive discussions for many years, starting with the very definition of the term and the degree of responsibility bestowed upon DNS operators. In 2018, after several months of intersessional work, the Internet & Jurisdiction Global Conference brought together in Ottawa more than 200 key stakeholders to define a roadmap to address certain jurisdictional challenges on the Internet, including DNS abuse. more

ICANN Policymaking Should Be Even More Transparent

Transparency and accountability are embedded in ICANN's core values. Indeed, ICANN's Bylaws mandate that "ICANN and its constituent bodies shall operate to the maximum extent feasible in an open and transparent manner ...". Public Interest Registry believes that a dedication to transparency is fundamental to the strength and continued effectiveness of ICANN's multistakeholder model. more

Regulation of Algorithmic Regulation Begins

A Chinese law that went into effect six months ago required online service providers to file details of the algorithms they use with China's centralized regulator, the Cyberspace Administration of China (CAC). In mid-August, CAC released a list of 30 algorithms used by companies such as Alibaba, TenCent and Douyin, the Chinese version of Tiktok, with a brief description of their purpose. more

Solving the .US Registrant Data Directory Services (RDDS) Conundrum

Recently ten Democratic Members of Congress wrote a letter to Alan Davidson, head of the NTIA, requesting that the "NTIA immediately cease the public disclosure of personal information about users of .US" country code top-level domain (ccTLD). This communication highlights a significant concern regarding domain registration data: the need to protect the privacy rights of Registrants. However, an equally significant concern regarding registration data was raised... more

The Politics of Submarine Cable in the Pacific

There was a naive idealism in the early days of the Internet that attempted to rise above the tawdry game of politics. Somehow, we thought that we had managed to transcend a whole set of rather messy geopolitical considerations that plagued the telephone world and this new digital space that the Internet was creating was simply not going to play by the old rules. more

Monumental Cybersecurity Blunders

Two recent celebrated cybersecurity standards history events brought together sets of people who were intimately involved with some of the most significant network security standards work ever undertaken. These included the X.509 digital certificate standards at ITU X.509 Day, and the Secure Digital Network System (SDNS) standards at the NSA Cryptologic History Symposium 2022. more

Webcast May 23: Finnish Internet Forum – ‘Internet and War’ Panel

On Monday May 23 2022 at 3 -- 5pm EEST (12:00 -- 14:00 UTC) the Finnish Internet Forum will convene a panel at the University of Helsinki with the topic 'Internet and War'. A panel of experts will address the question of how the war has affected the Internet and how the Internet has been used to influence Finland and elsewhere during the war. The event will be conducted in English. more

NIS2: A New Cyber Jurisdiction Paradigm

The approval on 13 May by the European Council and Parliament of a near-final draft Directive on European Cybersecurity (NIS2) brings the world's most far-reaching cyber regime closer to realization. What is generally unknown, however, is the broad scope and global extraterritorial jurisdiction reach of the Directive. It applies to almost every online service and network capability that exists as infrastructure or "offered" anywhere in Europe. more

Implications of DoD IPv6 Mandate on IPv4 Market

Recent Department of Defense IPv4 activity and announcements about IPv6 indicate a shift in their perspective and suggest potential impacts on the IPv4 address market. The shift could include the release of up to 175 million IPv4 addresses in the coming years, creating a risk of a glut in the market. For perspective, the market has transferred 380 million addresses over eleven years. more

The Ever-Evolving Problem of DNS Abuse

For several years, many within ICANN circles have raised concerns about the escalating nature of domain name system (DNS) abuse. While some strides were made toward a safer DNS, new data - this time from a comprehensive study of DNS abuse by the European Union - demonstrates that abuse remains a frustratingly obstinate problem that requires urgent attention. We've seen some registries and registrars testing innovative industry-led initiatives in an effort to address the issues. more