Policy & Regulation

TMCH Review Recommends Status Quo

On July 25th ICANN announced the publication of the Draft Report of the Independent Review of the Trademark Clearinghouse (TMCH). This study was coordinated for ICANN by the Analysis Group, in conjunction with researchers from the Center for Internet and Society at Stanford as well the University of Pennsylvania's Wharton School... while public comments on the draft report will be accepted through September 3rd, this Report was triggered by GAC concerns expressed before the Applicant Guidebook for the new gTLD program was even completed, and is not the work product of a GNSO-created working group and therefore will not directly result in the establishment of any new ICANN policy. more

IANA Transition Under Further Attack, Now Officially Blocked by Republican Policy

"Handover of US internet control to ICANN now officially blocked by Republican policy," Kieren McCarthy reporting today in The Register: "The planned transition of the internet's critical technical functions from the US government to a technical body may come under further attack after the Republican Party officially agreed to block it on Monday. more

NTIA Revs up Rhetoric as IANA Transition Looms

It's been almost six weeks since the NTIA announced "that the proposal developed by the global Internet multistakeholder community meets the criteria NTIA outlined in March 2014 when it stated its intent to transition the U.S. Government's stewardship role for the Internet domain name system (DNS) technical functions, known as the Internet Assigned Numbers Authority (IANA) functions", and thereby signaled the start of the last lap of the IANA transition marathon. more

Heritage Holding Anti-IANA Transition Event With Cruz

The Heritage Foundation are conservative, in the American political sense. So it's not surprising that they've been linked to some of the anti-IANA transition stuff coming from Ted Cruz and Co. Tomorrow they're holding an event, which is clearly not aimed at bolstering support on Capitol Hill for the IANA transition... While I, and many others, would find the entire "jeopardizing free expression and enterprise" angle to be total bunkum, it is aimed at tapping into US conservative fears. more

Brexit Could Impact EU Domain Registrants

The current policies for .eu domain name registration restrict registration to organisations, businesses and individuals that meet certain criteria. In order to get a .eu domain name you need to be resident within the EU, Norway, Iceland or Liechtenstein. This is laid out in the current policy... Post-Brexit it is unclear whether UK registrants will still qualify to hold their .eu domains. more

“Non-Discriminatory” Broadband: Just Carriage, or Miscarriage of Justice?

The foundational idea behind "net neutrality" is one of fairness by constraining ISP power over network mechanisms. The theory is this: if there is "non-discriminatory" local traffic management, then you have "fair" global outcomes to both users and application providers. There are thousands of pages of academic books making this assumption, and it is the basis of recent EU telecoms law. more

Can Trump’s Twitter Account be Deleted Under the New EU Hate Speech Code?

On 31 May 2016, The Commission together with Facebook, Twitter, YouTube and Microsoft unveiled a code of conduct that includes a series of commitments to combat the spread of illegal hate speech online in Europe. These IT Companies support the European Commission and EU Member States in the effort to respond to the challenge of ensuring that online platforms do not offer opportunities for illegal online hate speech to spread virally. more

IP Addresses Are Not Telephone Numbers - The Fundamental Flaw with the FCC’s Proposed Privacy Rules

Last month the FCC released a Notice of Proposed Rulemaking (NPRM) on Customer Proprietary Network Information (CPNI), the information telcos collect about consumers' phone calls. The Commission's proposed rules would adapt and apply privacy rules that have historically applied to the traditional telephone space to broadband carriers. It would also regulate how broadband providers use and share that data. more

IETF’s Descent Into the Political Rabbit Hole

The Internet Engineering Task Force (IETF) has a curious, non-linear history as a "non-organization" of technical innovators now approaching 47 years. As it approaches a landmark 100th official meeting, it has become embroiled in a controversy that takes it further down the political rabbit hole it has been deepening in recent years. The IETF is considering cancelling its 100th meeting now scheduled in Singapore in November 2017... because "concerns were raised about anti-LGBT laws." more

Senate Oversight Hearing Explores “Test Drive” of IANA Transition

The IANA transition still appears to be on track for consummation at the end of the September 30th expiration date of the current contract between NTIA and ICANN in the wake of the May 24th Senate Commerce Committee oversight hearing on "Examining the Multistakeholder Plan for Transitioning the Internet Assigned Number Authority". That is, while there are clearly some concerns on both sides of the aisle about terminating the remaining U.S. government ties to ICANN... more

The Irritating Irresolution of ICANN Jurisdiction

The ICANN community review and Board approval of the draft Bylaws intended to implement the Work Stream 1 (WS1) recommendations of the Cross-Community Working Group on Accountability (CCWG-ACCT) are nearing completion. As we approach that marker, it is worth remembering that a major impetus for the approaching transition of IANA functions control away from the U.S. Government (USG) to the multistakeholder community was the notion that termination of the remaining "clerical function" performed by the USG within the context of the current IANA contract would dampen criticism of ICANN's relationship with the USG... more

Internet Governance in Transition: The ITU as a Battleground for Rival Visions

During the past few years, the International Telecommunication Union (ITU) has been a battleground where governments promote rival visions of how the Internet should be governed. Although there has been a recent cease-fire as Internet governance debates have focused more on the role of ICANN, those skirmishes may soon restart at the ITU... Co-authored by Ambassador Gross (chair of Wiley Rein's International & Internet Practice), Carl R. Frank, Umair Javed, and Sara M. Baxenberg (members of Wiley Rein's Telecom, Media & Technology Practice). more

ICANN vs. the Federal Reserve

The Internet is about to go independent. After years of support and supervision, the U.S. Government is about to irrevocably relinquish its control over the Internet by transferring its authority to an independent corporation named ICANN. As part of this push, the current chairman of ICANN posted this article to the Wall Street Journal... What's truly amazing about this piece, is how well it's done... It was only after digesting this piece, that I remembered we are talking about ICANN here. more

Why You Should Demand ‘Net Morality’ Instead of ‘Net Neutrality’

I have come to the conclusion that "net neutrality" is an ethical issue at heart, one about the appropriate constraint of unfair ISP power. Some people are (I pray unintentionally) on the wrong side of a now-clear moral divide. They are claiming to prevent harmful abuse of power, when in reality their actions create fresh harm. A central issue is one of technical competence to comment. If your beliefs are disconnected from how the world works, you cannot evaluate whether you are espousing something sensible or silly. more

Transfers of Domain Names Contemporaneous with Complaint: Cyberflight?

Cyberflight (defined as strategically transferring accused domain names to another registrar or registrant upon receipt of a complaint) was a sufficient irritant by 2013 for the ICANN to adopt recommendations to amend the Rules of the Uniform Domain Name Dispute Resolution Policy (UDRP). Effective July 1, 2015 the Rules now include a requirement for locking the domain as well as a change in the timing of transmitting the complaint to respondents. Before the amendment there had been no uniform approach to locking. more