Policy & Regulation

Policy & Regulation / Recently Commented

Reducing Unreachable ICANN Registrations

Recently ICANN published a report on inaccurate registration data in her own databases. Now the question is presented to the world how can we mitigate this problem? There seems to be a very easy solution. ... The question to this answer seems simple. To know who has registered with an organisation. This makes it possible to contact the registered person or organisation, to send bills and to discuss policy with the members. more

We Are All Internet Exceptionalists Now

The Stop Online Piracy Act (SOPA) and its defeat call attention to a delicious irony in public discourse on Internet governance. Even those who don't want the Internet to be an exception from traditional forms of regulation and law are forced to admit that something new and exceptional must be done to bring it under control, such as massive departures from traditional concepts of territorially bounded sovereignty through the use of in rem jurisdiction. more

Implications of Canada’s CASL - Toughest Anti-Spam Law the World Has Ever Seen

While Canada was dragging the chain when it came to introducing anti-spam legislation, it is now making up for lost time. Ottawa's new law -- expected to be operational early this year -- has severe fines for violations and is viewed by some as too tough. Known as CASL, the new law aims to crack down on spammers and mailing list companies but in doing so, tightly regulates the way businesses can market to prospective customers via email and online. more

Refusing REFUSED

The U.S. Congress' road to Stopping Online Piracy (SOPA) and PROTECT IP (PIPA) has had some twists and turns due to technical constraints imposed by the basic design of the Internet's Domain Name System (DNS). PIPA's (and SOPA's) provisions regarding advertising and payment networks appear to be well grounded in the law enforcement tradition called following the money, but other provisions having to do with regulating American Internet Service Providers (ISPs) so as to block DNS resolution for pirate or infringing web sites have been shown to be ineffectual, impractical, and sometimes unintelligible. more

2012: The Year of the New gTLD Program and the Year to Support ICANN - Part I

The ICANN new gTLD program began today, 12th January 2012, with the application round now open and this important activity will make 2012 a very memorable year. It is expected that a minimum of 500 fresh applications for new generic Top Level Domains will be received by ICANN through the online TLD Applications System (TAS) by April 12 when the round closes, for processing and evaluation afterwards. This promises to be a hectic and engaging period for new gTLD applicants, and also for ICANN. more

2012: The Year of the New gTLD Program and the Year to Support ICANN - Part II

As we go into 2012, I am encouraged that there are many, including top officials and leaders in Washington DC, who believe in ICANN's leadership of the multi-stakeholder model, and that the organization should be allowed to successfully midwife the new gTLD program. The Honorable Senator John 'Jay' Rockefeller for example was reported in the ICANN Blog as giving his full support: "I think we have to get used to dot-hotels. I think we have to get used to dot-auto." more

How SOPA Will Destroy The Internet

As you read this, please keep in mind that I say it all with a track record nearly 14 years of being proactive and having a zero-tolerance policy toward criminal activity and network abuse on our system. We have great relationships with Law Enforcement Agencies both here in Canada and abroad. We are always helpful and (usually) happy to answer questions, and help LEA understand the complexities and nuances of the internet. We've had the good fortune to meet some really intelligent and clued in cybercrime units. We participate in numerous communities in combating net.abuse and cybercrime. more

DNS Policy is Hop by Hop; DNS Security is End to End

The debate continues as to whether ISP's can effectively filter DNS results in order to protect brand and copyright holders from online infringement. It's noteworthy that there is no argument as to whether these rights holders and their properties deserve protection - nobody is saying "content wants to be free" and there is general agreement that it is harder to protect rights in the Internet era where perfect copies of can be made and distributed instantaneously. What we're debating now is just whether controlling DNS at the ISP level would work at all and whether the attempt to insert such controls would damage Secure DNS (sometimes called DNSSEC). more

Emerging Markets Tech Watch 2012

2011 has been a significant year for the technology sector globally. Information technology is touching more people in more ways than ever before. Developed markets will be considering a 2012 in which business innovation, competitiveness, and service differentiation are built on ubiquitous broadband, cloud computing, smarter mobile computing, and an increasing plethora of Internet-connected devices. By contrast, securing the technology future for developing markets demands that attention be placed on more fundamental issues. more

Antispam Law Draws Backlash

I was reading in the Canadian Lawyer Mag that businesses in Canada are now coming to grips with the Canadian Antispam law that was passed last year. Canada's antispam law is much tougher than most jurisdictions. Aside from the penalties of the law, which are steep, what differentiates it the most from the US law is that Canada's law is an opt-in law; marketers who send commercial email must be able to demonstrate that they received consent in writing in order to market to people. As expected, people who are most affected by the law - marketers - are upset about the lack of wriggle room and how it could affect their business. more

TLD Expansion: ICANN Must Not Back Down

ICANN's plan to open up the domain name space to new top level domains is scheduled to begin January 12, 2012. This long overdue implementation is the result of an open process that began in 2006. It would, in fact, be more realistic to say that the decision has been in the works 15 years; i.e., since early 1997. That is when demand for new top-level domain names, and the need for other policy decisions regarding the coordination of the domain name system, made it clear that a new institutional framework had to be created. more

ICANN Pressured to Reserve Names: “We don’t accept any more reservations!”

It is not a secret that I have been (and I continue to be) against the requests made to ICANN by the International Olympic Committee (IOC) and the Red Cross for special protection of their names and their variations. I am mainly against it because of the problems associated with these types of protection, the potential implications they may have and the fact that any attempt to reserve any names in the Domain Name Space will set a very bad precedent that will be detrimental to the whole new gTLDs experience. Well, the effect of this precedent is right upon us... more

Providing Persistent Domain Names Under .ARPA

Some domains are too big to fail. Quite apart from the obvious ones like google.com and facebook.com, upon whose availability our everyday lives depends, there are many others upon which the infrastructure of the Internet (and much of the modern world itself) depends. These are domains like w3.org and ietf.org, which host the technical specifications which describe the World Wide Web and the Internet themselves. more

Fear of New gTLD Monopolies Is Overblown

You should not worry too much if some of the new generic Top-Level Domain names (gTLDs) become monopolies. ICANN and the registries won't charge monopoly prices as long as they have to worry about the government stepping in. Monopolies normally present two problems for consumers: restricted output and higher prices. In the case of the new gTLDs, restricted output is caused only by ICANN's monopoly over approving gTLD applications. more

FCC to Hold Two December Workshops on PSTN Transition to New Technologies

The US Federal Communications Commission (FCC) recently issued a public notice that it will be holding two workshops on the transition of the public switched telephone network (PSTN) to "new technologies" such as voice-over-IP (VoIP). The workshops will be held on December 6 and 14, 2011, at the FCC's office in Washington, DC. The public notice states the goal as... more