Policy & Regulation

Policy & Regulation / Recently Commented

Why More Effort Won’t Solve the Exceptional Access Problem

In the debate over government "exceptional access" to encrypted communications, opponents with a technical bent (and that includes me) have said that it won't work: that such a scheme would inevitably lead to security problems. The response -- from the policy side, not from technical folk - has been to assert that perhaps more effort would suffice. FBI Director James Comey has said, "But my reaction to that is: I'm not sure they've really tried." Hillary Clinton wants a "Manhattan-like project, something that would bring the government and the tech communities together". More effort won't solve the problem - but the misunderstanding lies at the heart of why exceptional access is so hard. more

Internet Governance Outlook 2016: Cooperation & Confrontation

In 2015 we saw many agreements on Internet Governance. 193 Governments agreed in the UN General Assembly on the WSIS 10+ Outcome Document. They agreed to extend the mandate of the IGF for ten years. They agreed to strengthen the multistakeholder approach. And they agreed to make more efforts to bring the next billion users online until 2020. The UN Group of Governmental Experts (GGE) agreed on a number of confidence building measures to strengthen cybersecurity. more

How .MUSIC Will Go Mainstream and Benefit ICANN’s New gTLD Program

Since the launch of the New gTLD Program in 2012, it has become evident that new gTLD registries overestimated the demand for new Top-Level Domain name extensions. Furthermore, new gTLD registries did not anticipate the hurdles in raising awareness, not to mention creating adoption for new domains. Even the most pessimistic New gTLD Program critic did not expect such uninspiring results. It was a wake up call for many in the domain industry. The New gTLD Program currently lacks credibility. No new gTLD has yet to go mainstream and capture the world's imagination. more

Encryption = good : Backdoor = bad

Every time there is a tragic attack on people or property, there is a cry from various authorities or politicians for law enforcement to get unfettered access to all kinds of communication tools. But that would cause far more harm than good, and is a really bad idea. The argument goes something like this: 'These bad actors hide behind encrypted communications to plan their evil deeds...' more

Consumer Trust? Not at ICANN Compliance

Every person and every entity must have a philosophy if they are to be successful. Consumer trust is one of the key issues at the heart of keeping the Internet open as well as prosperous. The ICANN Affirmation of Commitments was signed in 2009 and has been the guiding principle for ICANN's activities going forward. The title of section 9.3 is Promoting competition, consumer trust, and consumer choice. This section is in essence the embodiment of the commitment of ICANN. more

Vehicle Manufacturers Tell Govt to Stay Off Regulating “Internet of Cars”

Major car manufacturers in U.S. are asking Congress to stay away from any type of increased regulation unless "absolutely necessary" as the industry evolves to take advantage of the "Internet of cars." more

Officially Compromised Privacy

The essence of information privacy is control over disclosure. Whoever is responsible for the information is supposed to be able to decide who sees it. If a society values privacy, it needs to ensure that there are reasonable protections possible against disclosure to those not authorized by the information's owner. In the online world, an essential technical component for this assurance is encryption. If the encryption that is deployed permits disclosure to those who were not authorized by the information's owner, there should be serious concern about the degree of privacy that is meaningfully possible. more

The Next ICANN CEO

Internet public policy -- and the technical ecosystem -- is at a crossroads and the choice of CEO that ICANN's board makes now is probably the most important such choice it has ever made. Since I work in Internet policy across the Geneva institutions where more than 50% of all international Internet-related policy meetings take place, and have worked at ICANN in senior positions in the past, I thought I would suggest some qualities the next CEO should have. more

The TPP and the DNS

On November 5, 2015 the Office of the U.S. Trade Representative (USTR) released the official text of the Trans-Pacific Partnership (TPP). That text consists of 30 separate Chapters totaling more than 2,000 pages, and is accompanied by four additional Annexes and dozens of Related Instruments. Only those who negotiated it are likely to have a detailed understanding of all its provisions, and even that probably overstates reality. more

Time to Look Past ‘Net Neutrality’. Let’s Start a Fresh Post-Neutrality Debate…

Yesterday, as many of you heard, the European Parliament voted to reject the 'net neutrality' fundamentalist amendments to the already flawed proposals they had helped to create. That's the good news. The bad news is that the law that we now have is merely ludicrous, rather than insane. Furthermore, it doesn't properly protect end users, hold ISP feet to the service delivery fire, or truly encourage broadband ecosystem innovation. more

Reconsideration Request Denied

Having been passed over by the "old guard" Board Governance Committee of ICANN Board of Directors, I took the occasion to speak from my heart to provide the "new guard" with the observations of a 16-year ICANN volunteer. For those of you in the community who are wondering what happened, what follows is word for word what I shared with the Board of ICANN at my closed door proceedings. more

We’re Almost There… IANA Stewardship Transition

Since Friday, I have been listening to and, yes, talking to many in Dublin who are engaged in the multistakeholder effort to transition the IANA functions. Our goal is an orderly transition that both reaffirms the strength of the global multistakeholder model while protecting and preserving the coordinated, well-functioning administration of the unique identifiers that are the core of the technical genius of the Internet. more

The Cyber Security Ecosystem: Collaborate or Collaborate - It’s Your Choice

As cyber security as a field has grown in scope and influence, it has effectively become an 'ecosystem' of multiple players, all of whom either participate in or influence the way the field develops and/or operates. It's increasingly evident that, more than ever, it is crucial for those players to collaborate and work together to enhance the security posture of communities, nations and the globe. more

The Empire Strikes Back: ICANN Accountability at the Inflection Point

The members of the ICANN community engaged in the work of the Cross Community Working Group on Enhancing ICANN Accountability (CCWG-ACCT, or just plain "CCWG" for this article) has been engaged since late 2014 in designing an enhanced ICANN accountability plan to accompany the transition of oversight of the IANA root zone functions from the National Telecommunications and Information Administration (NTIA) to the global multistakeholder community. On August 3rd the CCWG released its 2nd Draft Report (Work Stream 1) for a public comment period that closed on September 12th. more

‘The Global Village’ Idiot

I recall from some years back, when we were debating in Australia some national Internet censorship proposal de jour, that if the Internet represented a new Global Village then Australia was trying very hard to position itself as the Global Village Idiot. And the current situation with Australia's new Data Retention laws may well support a case for reviving that sentiment. more