Policy & Regulation

Why Vint Cerf is Wrong

At the Internet Governance Forum in Baku, I made an intervention on behalf of NL IGF, reporting on the recommendations given by the participants of Workshop 87... I concluded that more regulatory and law enforcement bodies need to become part of the IGF discussions, as they are an integral part of governing the Internet from a safety and security perspective. Mr. Cerf responded with a one-liner: "I can't help observing, if we keep the regulatories confused, maybe they will leave us alone". more

How Far Will U.S. Regulators Bend to AT&T and Verizon?

Recent events relating to the network plans of AT&T and Verizon are extraordinary: it appears that the commercial and lobbying clout of two major telcos is determining the telecom services which their customers can receive, the technology they will receive them with, and whether they will receive them at all. Already a large number of states have agreed to dismantle Carrier of Last Resort (COLR) obligations on them, while the FCC itself is being advised to change the rules to suit the business interest of the telcos. more

FISMA Failings: Could EPA’s IT Defense Deficiencies Silence the Agency?

The possibility of unauthorized access to EPA information raises an array of concerns since EPA-held data includes various types of Confidential Business Information, scientific research data, environmental databases, agency plans for responding to "incidents of national significance" and other security-related matters, and environmental monitoring data used in regulatory enforcement actions. more

The London Process Arrived in Budapest: Another Travel Circus for the Internet Community?

The Budapest Conference on Cyberspace brought together nearly 20 heads of states and ministers plus 700 high level experts from various stakeholder groups from 60 countries. However, after two days of discussion there is less clarity where the so-called "London Process" - established by the British Foreign Minister William Hague in November 2011 in London - will go. The next meeting is scheduled for October 2013 in Seoul. Another flying circus for another Internet Governance talking shop? more

The US DOJ Rogue Internet Pharmacy Settlement: Implications for Registrars

In the wake of Google's settlement with the Department of Justice for permitting advertising by illegal online pharmacies, what are the legal implications for Domain Name Registrars and ISPs in the US and elsewhere? In short, if you're a Registrar or ISP, it's a new ballgame. Here's why it's critical for you to steer clear of criminal and civil liability by making sure your registration services aren't used by rogue online pharmacy criminals. (And, here's how to do it.) more

Google Dumps Illicit Pharmacy Advertisements

Garth Bruen writes: Within the next few weeks Google plans to update its pharmacy policy which will restrict pharmacy advertisements. Once in effect, the updated policy will only allow VIPPS and CIPA certified pharmacies to advertise. Additionally these pharmacies can only target ads within their country. more

ICANN’s Noah: Chehade’s 40-Day Report Card

Forty days. That's how long Fadi Chehade has had to get a handle on the most complex, diverse and important non-profit corporation the world has ever known. The last guy to face such an unforgiving timeline was measuring timber in cubits. So if Cheade is Noah, I guess that makes ICANN Chairman Steve Crocker God, telling Fadi to wrangle all these diverse (and often diverging) constituencies and march them two-by-two into the boat, ahead of the coming storm. more

European Privacy Authorities Object to ICANN Whois Proposals

In response to a letter from ICANN's Noncommercial Users Constituency (NCUC) to data protection authorities concerning overreaching requests of law enforcement agencies in ICANN's ongoing Registrar Accreditation Agreement negotiations, the Article 29 Data Protection Working Party has written the ICANN Board. more

Is the WCIT Indeed Wicked?

The traditional network operators see OTT services as a threat, and the companies offering them are perceived to be getting a free lunch over their networks - they are calling for international regulation. In particular, the European telcos (united in ETNO) have been claiming that this undermines their investment in infrastructure and they want to use the WCIT conference in Dubai later this year to lobby for regulatory changes that would see certain levies being levied - something that is strenuously opposed by, among others, the USA and the APAC countries. more

Is It About to Get Much Harder to Own a Domain Name?

Question: why has air travel become so painful? Because the threat posed by bad actors requires making everyone jump through hoops before letting them board a plane. To the point that, despite obvious requirements to ensure air safety, some are now openly questioning if the cure is not worse than the disease. Registering a domain name could be about to go the same way. more

Report On National Online Cybercrime and Online Threats Reporting Centres

Today I released a report on 'National cyber crime and online threats reporting centres. A study into national and international cooperation'. Mitigating online threats and the subsequent enforcing of violations of laws often involves many different organisations and countries. Many countries are presently engaged in erecting national centres aimed at reporting cyber crime, spam or botnet mitigation. more

Is It Time for a Breakthrough in Securing Cyberspace?

This year in July gen. Keith Alexander, director of the National Security Agency and head of the US Cyber Command participated at DefCon, the hackers conference in Las Vegas. In his address, gen. Alexander said, among other things, "This is the world's best cybersecurity community. In this room right here is the talent our nation needs to secure cyberspace."... As someone, who is regularly meeting the top Russian cyber folks, I already know (unofficially, of course) how the words of gen. Alexander were met in Moscow. more

Problems With Defining Jurisdiction on the Internet

The term "jurisdiction" has various definitions in law, but for our purposes here we can say it is the power of some legal body to exercise its authority over a person or subject matter or territory. In the Internet today, it is territory that gives rise to many major issues. As in real estate, what matters in jurisdiction is "location, location, location". When the Internet and trademark rights began to intersect, it quickly became apparent that traditional concepts of the jurisdiction of courts and legislatures would be seriously strained by situations where a registrant in one country could use a registrar in a second country to register a domain name in yet a third country. more

De Facto Rules a Boon to Rogue Players

In Ian Flemming's Thunderball M sends 007 to the Bahamas on a hunch that SPECTRE is hiding something there. Well, it's been our hunch for a while that the Bahamas "office" for the Registrar Internet.BS does not exist. Now we have confirmation of such. It has been documented in an explosive undercover expose by LegitScript that Internet.BS address as stated could not be verified, could not accept mail, and that the business itself could not actually be found in the Bahamas. more

My Comment on Forbes - Why Is the UN Trying to Take over the Internet

Forbes just published this article that's being shared all over my facebook friends feed. I left a comment on the article that I've copied and pasted here, as it is just about long enough to qualify as a CircleID post by itself... The problem is that peering isn't always settlement free -- and even if it is, if and only if there's an equitable amount of traffic exchanged between two ISPs. And then there's transit, where you pay another network to carry your packets for you. more