Policy & Regulation

Policy & Regulation / Recently Commented

From “Network Neutrality” to “Sender Pays”, the Principles Remain Much the Same

The entire set of issues of network neutrality, interconnection and settlements, termination monopolies, cost allocation and infrastructure investment economics is back with us again. This time it's not under the banner of "Network Neutrality" but under a more directly confronting title of "Sender Pays." The principle is much the same: network providers want to charge both their customers and the content providers to carry content to users. more

WHOIS Disclosure Questions

In 2020, the ICANN Generic Name Supporting Organization (GNSO) Council approved a plan to revamp the WHOIS system as per the recommendations given by the ICANN Expedited Policy Development Process (EPDP). This plan directed ICANN to develop a centralized System for Standardized Access/Disclosure (SSAD) for WHOIS records. After much debate regarding the suitability and cost of such a system, ICANN brought together a group... more

Amplifying the Internet Governance Forum: Will the New IGF Leadership Panel Make the Difference?

On August 16, 2022, UN Secretary-General Antonio Guterres nominated ten high-level and eminent persons to serve in a new IGF Leadership Panel (ILP). The ILP includes luminaries like Vint Cerf, the father of the Internet, Tomas Hendrik Ilves, the former president of Estonia, and Maria Ressa, the Philippine woman who won the Nobel Peace Prize in 2021. It is an interesting mix of "usual suspects" and "fresh blood." more

FCC Nixes Starlink and LTD Broadband

On August 10, the FCC issued a press release denying the long-form applications of Starlink and LTD Broadband in the RDOF reverse auction. This is big news because these are two of the biggest winners of the reverse auction. LTD Broadband was the largest winner of the auctions at $1.32 billion, while Starlink had claimed over $885 million in the auction. more

A New Definition of Broadband?

FCC Chairman Jessica Rosenworcel has circulated a draft Notice of Inquiry inside the FCC to kick off the required annual report to Congress on the state of U.S. broadband. As part of preparing that report, she is recommending that the FCC adopt a new definition of broadband of 100/20 Mbps and establish gigabit broadband as a longer-term goal. I have a lot of different reactions to the idea. more

The Internet as a Public Good

It is time to recognize the Internet as a public good - freely available like other basic infrastructures such as roads and sidewalks. In 1989 Tim Berners-Lee created the World Wide Web by taking advantage of open connectivity available among universities and research institutions. Today we see that same open connectivity within corporations, in our homes, and on university campuses. more

World Economic Forum Davos 2022: War in Ukraine, Metaverse und Splinternet

The war in Ukraine, Metaverse and Splinternet were among the most discussed items during the recent World Economic Forum (WEF) in Davos. The topic of cyber security was primarily about the role of cyberattacks in the Ukraine war. Cyber is not the focus of day-to-day public war reporting but is an integral part of warfare on both sides. This applies above all to the use of "social media." more

NIS2 Directive Article 23 Will Lead to Inconsistencies and Conflicts Within the Domain Name Industry

On May 12th, European legislators head into their final trilogue negotiations around the NIS2 Directive. This week, the Internet Infrastructure Coalition (i2Coalition) shared guidance found below with negotiators, focused on the Directive's Article 23. i2Coalition has been detailing our concerns about Article 23 before even their public consultation in March 2021. more

How to Save the “Past” in the “Future of the Internet”: Principles, Procedures and Problems of the Washington Declaration

On April 28, 2022, a "Declaration on the Future of the Internet," initiated by the U.S. government, was signed by 60 governments at the White House in Washington, D.C. According to Jack Sullivan, National Security Advisor to U.S. President Joe Biden, the Declaration is intended to serve as a reference document for future international negotiations on Internet-related issues. Is there a reason why the U.S. government is launching an initiative on the "Future of the Internet" at this point in time? more

Sanctions & The Regulation of IP Transfers

The early stages of internet development operated in a culture of independence from outside influence. In fact, as though to commemorate the spirit of the times, in 1996, John Perry Barlow wrote "A Declaration of the Independence of Cyberspace." In it, he told governments they "have no sovereignty where we gather." He went on to state, "Ours is a world that is both everywhere and nowhere, but it is not where bodies live." more

Optimistic Speculation on What Elon Musk Might Do With Twitter

Elon Musk is a self-proclaimed "free speech absolutist" which leads some to worry that Twitter will be open to the sort of thing one finds at gab.com if his purchase of the company is completed. I have no idea what Musk plans to do with Twitter but let me offer some optimistic speculation. For a start, I don't believe Musk will use Twitter to advance right-wing candidates or policy. more

CENTR Publishes Comment on the European Commission’s DNS Abuse Study

CENTR, which represents European national top-level domain name registries (ccTLDs) such as .si or .eu, has published its comments on the European Commission's DNS abuse study, calling out some of the "misleading analysis and unfortunate conclusions in the study." more

It’s Time for a Better Vision of Internet Governance: From Multistakeholderism to Citizenship

We are experiencing a time of global challenges. How to mitigate global warming, fight a global pandemic, and prevent the spread of totalitarianism and war, are just some of the most urgent questions. Digital technologies offer us the tools to unite and face these challenges, instead, we have experienced the deterioration of the Internet into a Splinternet. Is Multistakeholderism, the currently dominant guiding principle of Internet Governance, still up to the task? more

Trusted Notifier Arrangements Require Trust: Why Unpacking Misunderstandings Around Trusted Notifiers Is Important for Dealing With DNS-related Abuse

Domain Name System (DNS) Operators (Registries and Registrars) receive notices asking them to take action on a wide range of alleged technical and content-related abuses. However, there is a fundamental question of when it is appropriate to act at the DNS level and the evaluation of whether the alleged abuse meets a sufficient threshold for action at the DNS level. Additionally, given the volume of abuses occurring on the internet, existing resources, mechanisms, and protocols available in-house to Operators are in many cases insufficient to address abuses in a timely fashion. more

Creating a Russian No-Cyber Zone

In response to Russia's horrific invasion and war against the Ukrainian nation ordered by Dictator Putin that will live in infamy, an array of nations, organizations, and companies have responded to shun and shut off Russia in every possible manner. The actions include no-fly zones, removal from ICT network services, and essentially universal declarations of condemnation. For the first time ever, all Russian proposals to the International Telecommunication Union (ITU) quadrennial standards body plenary known as the WTSA have been "bracketed"... more