Policy & Regulation

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

The EU AI Act: A Critical Assessment

The proposed new European Union (EU) Artificial Intelligence Act has been extolled in the media as a bold action by a major legislative body against the perceived dangers of emerging new computer technology. The action presently consists of an initial proposal for a Regulation with annexes from 2021, plus recent Amendments adopted on 14 June. This regulatory behemoth exists entwined among a multitude of other recent EU major regulations... more

NIST as a Cyber Threat Actor

On 24 May, NIST published recommendations that are a key component of the U.S. cybersecurity ecosystem -- known as vulnerability disclosure guidelines. NIST (National Institute of Standards and Technology) is an agency of the Department of Commerce whose mission includes "developing cybersecurity standards, guidelines, best practices, and other resources to meet the needs of U.S. industry, federal agencies and the broader public." more

AI Has No Time for “Human” Rights

Popular media have recently reported a White House initiative asserting companies' "moral obligation" to limit the risks of AI products. True enough, but the issues are far broader. At the core of the debate around AI -- will it save us or destroy us? -- are questions of values. Can we tell AI how to behave safely for humans, even if in the future it has a "mind of its own"? It is often said that AI algorithms should be "aligned with human values." 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

FTC Comment Period Emphasizes the Need for a Better WHOIS System

Late last year, the U.S. Federal Trade Commission - the governmental arm responsible for protecting Americans from unfair trade practices -- opened a comment period on a proposed "Trade Regulation Rule on Impersonation of Governments and Businesses." It's no surprise that those who are victims of or are battling online impersonation saw this as an opportunity to highlight the importance of a working domain name registration data system ("WHOIS") ... more

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

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