Policy & Regulation

Policy & Regulation / Recently Commented

FBI vs Apple: A Bit Of Light Reading

Encryption is key to commerce online. Anything that weakens it is a threat to the digital economy, so the FBI vs Apple case is something that a lot of people are watching very closely... The most recent development is that Apple has filed "Motion to Vacate the Order Compelling Apple Inc. to Assist Agents in Search, and Opposition to the Government's Motion to Compel Assistance." Legal filings aren't light bedtime reading, but this one explores the legal issues as well as the privacy and security implications from multiple angles and underlines why this case is so important. more

ICANN CEO Fadi Chehade is Misleading the US Senate, Says Sen. Cruz

U.S. Sen. Ted Cruz (R-Texas) has released a statement today regarding a letter that Cruz, Sen. James Lankford (R-Okla.), and Sen. Mike Lee (R-Utah) received from Fadi Chehade, CEO of the Internet Corporation for Assigned Names and Numbers (ICANN) on Friday. more

Security, Backdoors and Control

Encryption is a way to keep private information private in the digital world. But there are government actors, particularly here in the US, that want access to our private data. The NSA has been snooping our data for years. Backdoors have been snuck into router encryption code to make it easier to break. Today at M3AAWG we had a keynote from Kim Zetter, talking about Stuxnet and how it spread well outside the control of the people who created it. more

The Growing Importance of Language in UDRP Proceedings

An increasing number of domain name disputes are being conducted in languages other than English, a trend that presents a new challenge for some trademark owners. In 2015, 85.77% of all domain names disputes at the World Intellectual Property Organization (WIPO) were conducted in English - down from an all-time average of 88.01% and a record high (in 2000) of 99.84% (disregarding 1999, the first year of the UDRP, because only one case was filed - in English -- that year). more

TLD Operators Should Not Police Content, Says EFF

Electronic Frontier Foundation (EFF) released a letter today stating "companies and organizations that run the Internet's domain name system shouldn't be in the business of policing the contents of websites, or enforcing laws that can impinge on free speech. more

Just Another ‘Black Box’? First Thoughts on Twitter’s Trust and Safety Council

On Tuesday, Twitter announced the creation of the Trust and Safety Council, a body comprising 40 organisations and individuals from civil society and academia, tasked with "ensur[ing] that people feel safe expressing themselves on Twitter". The move is clearly a response to specific criticism of Twitter and its perceived inadequacies in dealing with hate speech?-- a theme so popular and well-trodden that it recently spawned a parody account. more

ICANN Denies .GAY’s Request for Reconsideration

ICANN's Board Governance Committee (BGC) today released its comments on recent reconsideration request of dotgay LLC's new top-level domain .GAY application. Kevin Murphy from Domain Incite reports: "ICANN has refused dotgay LLC's latest appeal against adverse .gay decisions, and has taken the unusual step of preemptively defending itself against probably inevitable accusations from gay right groups." more

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