Policy & Regulation

Policy & Regulation / Recently Commented

Fixing Holes

According to press reports, DHS is going to require federal computer contractors to scan for holes and start patching them within 72 hours. Is this feasible? It's certainly a useful goal. It's also extremely likely that it will take some important sites or applications off the air on occasion - patches are sometimes buggy (this is just the latest instance I've noticed), or they break a (typically non-guaranteeed or even accidental) feature that some critical software depends on. more

WHOIS Review and Beyond 3.7.8

We have posted our support of the WHOIS Policy Review Team Report with two important comments. First, on page 79 of the report it is confirmed that the RAA is unenforceable on WHOIS inaccuracy (we wrote about this while at the last ICANN meeting) because the language of RAA 3.7.8 has no enforcement provision. It is now time for ICANN to confirm this problem officially.  more

About That Second, Third and Fourth Wireless “Attachment”

There is some good news about the decision by Verizon Wireless to offer shared monthly data plans. But there could be a lot more if the FCC applied its Carterfone policy. That policy gave consumers the power to decide what and how many devices to attach to a network connection. If Carterfone applied, consumers could use multiple devices to access a network subscription, albeit perhaps not at the same time. more

Why Comcast will Vehemently Fight a DOJ Investigation

If your company becomes a huge dominate market player in both broadband and content delivery, scrutiny will come your way, like it or not. Comcast (NASDAQ: CMCSA) has been so successful in building both a content and delivery system to such a mass audience; it's beginning to look like former monopolies which grew unwanted investigations and break-ups in the 1980's. Remember AT&T and the DOJ anti-trust decision to split the monopoly into smaller regional companies? more

ICANN’s Contract Not Enforceable on WHOIS Accuracy

This may or may not come as a shock to some of you, but ICANN's contract with the Domain Name Registrars, in terms of WHOIS inaccuracy is not enforceable. Bear with me. The ability of ICANN to enforce against a Registrar who fails to correct or delete a domain with false WHOIS does not exist. more

The ICANN Hunger Games

Adolescents were fascinated by the book and film called "Hunger Games". The plot is about a government forcing people to watch, and forcing some to play, a cruel game for life and death. ICANN's own Hunger Games, the so-called "digital archery" or "batching" process, is not lethal to people, but shares all other features: it is forced upon the participants, it is destructive, unfair and unnecessary. more

ICANN Gets Crazy… Again!

The same thing happens before every ICANN meeting. It starts raining. Not men, as the song goes, or droplets of H2O. It starts raining documents. In the run-up to one of its three-a-year international meetings, ICANN goes into hyperdrive. And this time, days before the Prague meeting (from the 24th to the 29th), the usual downpour has turned into a veritable deluge. Let's just take June 4th as an example. more

Don’t Make Us Treat Our Customers Like Criminals!

Crime, fraud, scams etc., they're all very bad things. They're also not going to go away anytime soon. As a domain name registrar and hosting provider we're constantly "at risk", as we sell a lot of services that are both cost-effective and also give criminals the tools they need to attack 3rd parties. Again, this isn't exactly news. We've always taken a very pro-active approach to dealing with criminal activity and network abuse... But recently I've been losing sleep. more

2011 UDRP Filings Up at WIPO, Down at NAF - And Still Infinitesimal

The World Intellectual Property Organization (WIPO) recently issued a detailed press release regarding Uniform Dispute Resolution Policy (UDRP) cases for which it provided arbitration services in 2011 and, once again, the number of WIPO filings was up. According to WIPO: "In 2011, trademark holders filed a record 2,764 cybersquatting cases covering 4,781 domain names with the WIPO Arbitration and Mediation Center (WIPO Center) under procedures based on the Uniform Domain Name Dispute Resolution Policy (UDRP), an increase of 2.5% and 9.4% over the previous highest levels in 2010 and 2009, respectively." Yet that's an incomplete picture. more

Eugene Kaspersky: World Needs International Agreements On Cyber-Weapons

Eugene Kaspersky has warned global leaders that the world needs international agreements about cyber-weapons in the same way as it needs agreements about nuclear or biological weaponry. The chairman and chief executive officer of Kaspersky Lab, warned delegates at CeBIT Australia that cyber-warfare and terrorism was the number one internet threat facing the world today. He said the Stuxnet industrial virus had demonstrated that cyber-weapons were capable of damaging physical infrastructure, and were "a thousand times cheaper" to develop than conventional weaponry. more

“Toll Free” Broadband Service: Double Billing Ripoff Or Better Than Best Efforts Premium Option?

Representatives of both AT&T and Verizon have stated that their companies will soon offer "toll free" broadband services. So far they have not provided much detail, but the prospect for customer and content provider surcharges should trigger concern, even outside the context of the network neutrality debate. First let's consider the frame the carrier reps use: "Toll Free." This is an old school "Bellhead" reference... more

Canadian Telcos Fast Tracking FttH to Combat Cable Operators

There are a number of stimuli which are pushing Canada's burgeoning FttH market, and the government and telcos alike have made significant steps to improve the reach and capacity of broadband infrastructure. These measures will show real benefits for consumers in recent years. From the government's side, its Economic Action Plan, launched in 2009 as a response to the global financial crisis, included a pledge to provide $225 million over three years towards its Broadband Canada Program, geared to extending broadband coverage to underserved communities. more

EFF: U.S. Cybersecurity Strategy Likely to Have Serious Implications for Canadians

EFF and several other civil society organizations have declared a 'Stop Cyber Spying Week' in protest of several controversial U.S. cybersecurity legislative proposals, including the bill currently before Congress and the Senate called CISPA... more

When No Action Is the Wisest Action (ICANN Does Good)

Although ICANN is now getting a lot of ridicule for the "glitch" in its TLD application System, it deserves some praise and respect for the results of its April 10 board meeting. In that meeting, the board showed the involved community - and the rest of the world - that it is no longer going to be stampeded by extra-procedural political pressure to make yet another round of hasty amendments to its new TLD program's policies and procedures. more

Is the New Top-Level Domains “Technical Issue” a Harbinger of Future gTLD Issues?

Does the "technical issue" announced today in ICANN's TLD Application System (TAS) and the subsequent extension of the submission deadline call into question the stability and integrity of the new gTLD program? This development underscores the notion that ICANN could consider a more metered and staged approach to the introduction of gTLDs... more