Policy & Regulation

Freedom of Expression Part 1: Hate Speech, Linehan, Trans as a Protected Class in California

Graham Linehan was banned from Twitter last week. Graham Linehan is an Irish writer and creator of Father Ted and Black Books. Twitter closed Graham Linehan's account for tweeting "men aren't women though" which twitter perceived as "hate speech" and offensive to the Trans community. Context always shapes meaning, and so I thought it would be useful to explore how hate speech is interpreted in California and then to see how it is treated in Fiji. more

Cybersecurity Is Failing Big-Time and This Is Hard to Fix

It has become clear that having a big cybersecurity war room is not enough to deliver true end-to-end security throughout the complex networks, systems and structures on which our modern society is based. Furthermore, looking at the forever changing draconian government interventions in this space, it is also obvious that they are often stabbing in the dark. more

Marking the 30th Anniversary of the Internet and Cybersecurity Treaty

Next week on 1 July 2020 marks the 30th anniversary of one of the most significant treaty instruments in modern times. On 1 July 1990, the Melbourne Treaty came into force as the first and only global treaty that enabled worldwide internets and mobile networks to exist, together with the cybersecurity provisions designed to protect those infrastructures. The achievement remains as an enduring tribute to Richard Edmund Butler of Australia who was one of the most influential, and best-loved Secretaries-General of the ITU. more

UN Secretary General’s Roadmap on Digital Cooperation: Creative Navigating in Stormy Cyberwaters

When UN Secretary-General Antonio Guterres announced in January 2020 that he was preparing a global "roadmap for digital cooperation," he had no idea that six months later, the world had made a quantum leap into the digital age. Home office, distance learning, online shopping, and video conferencing have been around for a long time, but the standstill of the real world during the pandemic has led to an unexpected expansion of the virtual world. more

Thumb on the Scales

Does the ICANN Board putting its thumb on the scale, change the status quo assumption of a Policy Development Process (PDP)? The primary assumption of most PDPs is that, in the absence of consensus for change, the status quo remains. Otherwise, Policy would be made by fiat by the PDP's Chair or Co-Chairs and there would be a mad rush to occupy those unpaid, thankless positions. more

Surveillance Capitalist in Chief

Surveillance capitalism monetizes private data that it collects without consent of the individuals concerned, data to analyze and sell to advertisers and opinion-makers. There was always an intricate relationship between governments and surveillance capitalists. Governments have the duty to protect their citizens from the excesses of surveillance capitalism. On the other hand, governments use that data, and surveillance capitalism's services and techniques. more

China Will Remember the U.S. Huawei War for a Generation

Only an idiot would believe that the U.S. is blocking TSMC manufacture of Huawei cell phone chips because of security fears. This is a commercial rivalry. The U.S. wants to put China's leading technology company out of business. We will fail, of course, at a price far higher than D.C. understands. The U.S. is ready for China's immediate countermeasures, even if Apple's stock price falls $hundreds of billions. But the long-run price will be devastating. more

What’s Next for Dot-Org

When I began writing about the dot-org sale, it was out of concern for the loss of what I felt strongly was long understood to be a unique place in the Internet's landscape. Like a national park, dot-org deserved special protection. It turns out lots of people and organizations agreed. On April 30th, 2020, The ICANN Board upheld these values. They unanimously withheld consent for a change of control of the Public Interest Registry to a private equity firm. more

ICANN and Attorneys General: Ends, Means and Unintended Ends

In a move, unprecedented in scale, ISOC moved to sell PIR, the registry for .ORG, to a for-profit entity which intends, in turn, to convert PIR into a for-profit entity itself. This move has, understandably, raised concerns from around the Internet community and cast a bright light on ICANN, the nature of its contracts with Registries and the responsibilities of the ICANN Board... As the Vice Chair for Policy of the At-Large Advisory Committee (ALAC), I've tried to navigate a consensus involving ALL of those parties because of our diverse membership. more

Preserving ICANN’s Independence Through Bold Action – Not Inaction

This week, the ICANN Board will vote on whether to approve the transfer of control of the .ORG domain to a private equity firm called Ethos Capital. This is a weighty decision for ICANN, since in order to approve the sale, it will have to convince itself that this is the right choice in the face of tremendous and widespread opposition, including from those who will be most affected by the sale. more

Even a Pandemic Isn’t Enough

The most incredible thing about the dot-org sale is no longer the billion-dollar price tag. It's not surprise fait-accompli announcement. It's not the republican billionaires. It's that the proponents have continued to advocate for it in the midst of the worst crisis the world has faced since the second world war. The biggest crisis in almost a hundred years. One that will reverberate for generations. more

Reflections on the .ORG Domain Registry Sale

For all the many reasons raised by thousands of petitioners by prominent members of the U.S. Congress, and the California Attorney General's office, this "sale" plainly should not be occurring. However, in a very real way, it is déjà vu. For me, as one of the handful of people who were members of the original InterNIC public advisory committee which oversaw the spinout of the registry activity from its DARPA government instantiation to a private enterprise business... more

The US-China Cold War in Cyberspace

In 2019 and 2020, the economic conflict between the US and China reached a peak. There was a months-long tariff battle that is still not fully resolved. After blocking Chinese-centered equipment manufacturer Huawei from its own markets, the US pushed hard to get the Five Eyes and all of its allies to block Huawei from foreign markets, too. Then the US started blocking its own companies... more

A Short History of Internet Protocol Intellectual Property

A little over 25 years ago, the Internet Society proposed that they assume responsibility for the DARPA Internet Protocol (IP) specifications Intellectual Property Rights (IPR) that were being evolved by the Internet Engineering Task Force (IETF) to facilitate their use by the mainstream network communication standards bodies and providers. Last week, the IETF, in an attempt to fend off alternative Internet Protocols emerging in the 5G ecosystem and create a standards monopoly, asserted... more

A New Low for the ICANN Multistakeholder Process

ICANN's dismissal of public comments submitted on the .COM Registry Amendment wasn't surprising given that it recently dismissed the public comments on the .Org Renewal Agreement, but the speed and disdain which it demonstrated was. Despite public pronouncements by ICANN President and CEO, Gören Marby and assurances from ICANN Board Chair, Maarten Botterman, that public comments were welcomed and that ICANN would take them seriously... more