Policy & Regulation

Policy & Regulation / Recently Commented

All New gTLD Registrations Should Be Subject to Sunrise Periods - Even Reserved Names

Planning to register your trademark as a domain name during a Sunrise Period only to find out that the registration appears on a Reserved Names list? There are a number of reasons why a domain that matches your trademark is appearing on a Reserved Names list. First of all, if the domain desired is the subject of Name Collision, it may appear on a Reserved Names list. Although this is not true for all registries, as some operators are allowing domains that have been the subject of Name Collision to be allocated during Sunrise, but not delegated. more

ICANN is MIA on .XYZ

By now anyone who's part of the domain investment or broader ICANN community is aware of the curious saga of the recently launched .XYZ registry. Soon after its young CEO boldly stated, "we hope to reach 1 million .XYZ registrations in the first year and 5 million registrations in the first three years", the registry launched with a remarkable total of nearly 18,000 registrations on its first day, a total that has quickly grown to more than 100,000. But it was soon noted that "the zone files showed that over 70% of all .XYZ registrations had been made at NetworkSolutions... more

NANOG 61 - Impressions of Some Presentations

The recent NANOG 61 meeting was a pretty typical NANOG meeting, with a plenary stream, some interest group sessions, and an ARIN Public Policy session. The meeting attracted some 898 registered attendees, which was the biggest NANOG to date. No doubt the 70 registrations from Microsoft helped in this number, as the location for NANOG 61 was in Bellevue, Washington State, but even so the interest in NANOG continues to grow... more

FCC’s “Commercial Reasonableness” Standard Already a Dismal Failure

T-Mobile filed a petition today making it clear that the FCC's commercial reasonableness standard is a failure. Anyone following net neutrality knows that the FCC is proposing to authorize discrimination and pay-for-priority deals known as fast lanes. The FCC is claiming we need not worry, however, because the FCC can make sure that entrepreneurs and users face only "commercially reasonable" discrimination. more

The Demand and Supply Imbalance in Telecoms

You can't open a newspaper today, listen to the radio, or watch TV without hearing about the enormous explosion in the use of telecommunications technology - be it fixed or mobile broadband, the internet, social media, smartphones, tablets, wearables, IoT, cloud computing, the list is endless... Yet, at the same time, many telcos and ISPs are struggling to maintain their profitability. This defies economic logic. more

Is Today the Beginning of the End of Net Neutrality?

Today, May 15, 2014 a vote will be taken at the FCC. Today the Internet we know can change forever. Today at 10:30 am EST the FCC meets to vote on the issue on whether or not allow the collection of special rates to provide certain services through the Internet for those who can afford it. A "faster lane" has been called... Who will pay for the use of this improved infrastructure? more

PINGO: NETmundial Adopts Principles on INternet GOvernance

The Internet Governance Roadmap, which was adopted recently in Sao Paulo by the Global Multistakeholder Meeting on the Future of the Internet Governance Ecosystem (NETmundial) includes a lot of controversial issues -- from net neutrality to mass surveillance -- and it is unclear how this will be translated into reality. However, the Internet Governance Principles, also adopted by NETmundial, were less controversial, but will have probably a sustainable and deep effect for the future of the Internet. more

Net Neutrality’s Legal Binary: An Either/Or With No “Third Way”

People working on net neutrality wish for a "third way" — a clever compromise giving us both network neutrality and no blowback from AT&T;, Verizon, Comcast and others. That dream is delusional because the carriers will oppose network neutrality in any real form; they want paid fast lanes. They have expressed particular opposition to "Title II" of the Communications Act — something telecom lawyers mention the same way normal people might reference the First or Second Amendments. Title II is the one essential law to ban paid fast lanes. more

NETmundial and the IGF: Putting Your Money Where Your Mouth Is

The Internet is not new. It has existed, in one form or another, since the 1960s. Since that time, it has been primarily the domain of the engineers and the other technology-minded individuals that built it. The organizations that were put in place to govern it predate the huge growth in end users the Internet experienced in the 2000s... They are able, in structure and capacity, to deal with technological issues. The issues facing the Internet in 2014, however, are very different from those in 1998. more

The Two Sides of Net Neutrality

Over the last decade or so the telecoms industry has been at loggerheads with the content providers and distributors (OTT companies) regarding the use of the infrastructure by the OTT players. On one side we have the people arguing for net neutrality (leave the OTT players alone), and on the other we have the telcos wanting to charge certain players for using their network. The whole issue came to a head, when in mid April the FCC decided to allow telecom operators (or ISPs as they are called in the USA) to charge content providers for higher quality services. more

RIP Network Neutrality

It's been an interesting couple of months in the ongoing tensions between Internet carriage and content service providers, particularly in the United States. The previous confident assertion was that the network neutrality regulatory measures in that country had capably addressed these tensions. While the demands of the content industry continue to escalate as the Internet rapidly expands into video content streaming models, we are seeing a certain level of reluctance from the carriage providers to continually accommodate these expanding demands... more

Outcome from NETMundial Meeting in Brazil Largely Seen as Positive for Business

Last Month at the NETMundial meeting in Brazil, representatives from governments, private sector, civil society, the technical community and academia met to debate the key principles on which the Internet should evolve. The meeting culminated in a supporting the principles of a decentralized and multistakeholder (ie: non-governmental) driven Internet ecosystem, committed to principles of openness, fairness, accessibility, security and safety. more

What Does “Network Neutrality” Mean?

A lot of ink and pixels have been spilled about the FCC's new rules for network neutrality. It's impossible to comment sensibly yet about the actual proposal, since as far as I know it's not been published anywhere, but the various news reports have left me confused about just what is being addressed. There are a number of different sorts of behavior that can result in performance differences to the end user... The purpose of this post is to give a simplified (with luck, not too horribly oversimplified) explanation of the different issues here. more

Net Neutrality? Give Me a Break

As my learned friend John Levine has noted, rightly, any policy that anyone has come up with thus far regarding net neutrality is based upon a Telco model. Now, think about that for a second. A telephone call costs pretty much the same if you whisper or shout. It costs the same if you make a quick phone-call or you yack for hours. These days, even long distance is trivially inexpensive, because the capacity to carry the world's phone-calls is well beyond any foreseeable demand. There is huge headroom. more

Better Than Best Efforts Routing of Mission Critical Traffic and the FCC

It appears that the FCC will permit exceptions to the standard, plain vanilla best efforts routing standard for Internet traffic, such as the paid peering arrangement recently negotiated between Comcast and Netflix. In both academic and applied papers I have supported this option, with several major conditions... With no opposition that I have seen, companies like Akamai offer better than best efforts routing of "mission critical" traffic from content source to last mile, "retail" Internet Service Providers. more