Policy & Regulation

Leaked Documents Reveal Xi Jinping’s Communist Chinese Plan to Control the Internet’s Root

Yesterday, The Epoch Times reported on leaked internal Chinese government documents revealing that premier Xi Jinping has "personally directed the communist regime to focus its efforts to control the global Internet, displacing the influential role of the United States." Xi's ultimate aim is for the Chinese Communist Party (CCP) to wield "discourse power" over communications and discussions on the global geopolitical stage by controlling content on the Internet. more

Is NIST’s Recent Letter on o.com a Bureaucratic Coup d’Etat?

Verisign recently informed ICANN that it had received a letter from the National Institute for Standards and Technology (NIST), an agency of the U.S. Department of Commerce, regarding the proposed auction of o.com described in the Second Amendment to the .com Registry Agreement agreed to by ICANN and Verisign in March 2019. This letter, which doesn't appear to be on official letterhead, is from a NIST Grants Officer and purports to overturn a letter raising objections to the auction... more

The Multistakeholder Moment of Truth: Will Stakeholders Hold ICANN Accountable?

During the two-year period preceding the IANA transition in 2016, there was a near-superhuman effort put forth by the community of stakeholders to design, debate, and deploy an accountability framework for ICANN that would serve to check and balance the coordinator of the global DNS. One of the overriding concerns that stakeholders sought to address was the possibility of ICANN being captured, and it was argued that the global community of stakeholders would serve as a "backstop" that would hold ICANN accountable. more

The Insult and Injury of the U.S. Government’s Failure to Enforce ICANN’s Contractual Obligation

Someone recently observed that many stakeholders have fallen victim to a "chilling effect" resulting from fear of retaliation by the rich and powerful bullies currently infecting the multistakeholder community, ICANN, and Internet governance. I related to what I was hearing because I've been personally targeted and libelously attacked and it is deeply dismaying enough having to worry about threats to revenue and reputation along with other harmful effects of such thuggery. more

Why ICANN Rejected ISOC’s Billion-Dollar Attempt At Feathering Its Own Nest With .org Sale?

As I've pointed out in recent articles, the promises and obligations of the Memorandum of Understanding (MOU) are merged by direct reference into the InterNIC licensing agreement between the U.S. Department of Commerce and ICANN. This licensing agreement has been extended twice by mutual consent, most recently until January 2025. Therefore, the MOU's promises and obligations remain in effect through the InterNIC licensing agreement despite the fact that the MOU itself terminated in 2009. more

An Anti-Competitive .com Fait Accompli?

In a recent article, Is ICANN Staff Misleading the Board Into Violating Obligations to the U.S. Government, I wrote: The referenced Memorandum of Understanding (MOU) is the vehicle by which the U.S. government delegates to ICANN the responsibilities for overseeing the technical management of the Internet's Domain Name System (DNS)... This is important for many reasons, and much remains to be analyzed for additional context that can help expose the rot at the Internet's root. more

The White House Broadband Plan

Reading the White House $100 billion broadband plan was a bit eerie because it felt like I could have written it. The plan espouses the same policies that I've been recommending. This plan is 180 degrees different than the Congress plan that would fund broadband using a giant federal, and a series of state reverse auctions. The plan starts by citing the 1936 Rural Electrification Act, which brought electricity to nearly every home and farm in America. more

Is ICANN Staff Misleading the Board Into Violating Contractual Obligations to the U.S. Government?

Recently, I had time to reflect on various matters after the alternator in my vehicle decided that the middle of a mountain pass was the appropriate time and place to go to that great big pick-and-pull scrapyard in the sky while leaving me stranded with no cell signal on the side of the road in the middle of nowhere. Until that point, I had been seriously considering applying to ICANN's Nominating Committee for one of the three open seats on ICANN's Board of Directors. more

Digital Culture Wars: Donald Trump’s “Make America Great Again” and China’s Social Credit System

We are on the cusp of a grave risk where unscrupulous groups with various agendas are using digital technologies to wage cultural war to stamp out dissent and gain control and power. The two most prominent recent examples are Donald Trump's "Make America Great Again" (MAGA) and China's Social Credit System (SCS). The following piece was prompted by work on the UDHR and Internet Governance series, for CircleID to deal with UDHR Article 27 and the role of culture, arts, and science in the life of the community.  more

Multistakeholderism Is Working: A Short Series of Articles

I was in a conversation with a close friend the other day, you know the kind where you have been friends for so long that you have endured each other experimenting with changed politics, evolving religion, and if you are unlucky, flirtations with multilevel marketing. We were discussing politics that day, which is not unusual given our ancient friendship and the recent change at the helm of the United States. more

Is ICANN Running a Racket?

On March 13, 2019, I published an article on CircleID, Portrait of a Single-Character Domain Name, that explored the proposed release and auction of o.com, a single-character .com domain name that was registered in 1993 and assigned to the Internet Assigned Numbers Authority (IANA) by Dr. Jon Postel. Although the National Telecommunications and Information Administration (NTIA) has since raised serious objections... more

Ending U.S. Government Amnesia About Its Legacy Internet Registries is in the Public Interest

On July 2, 2002, Damien Cave published an interview on Salon.com with John Gilmore, "original 'cypherpunk' and all-around Internet supergeek," titled "It's time for ICANN to go." In this wide-ranging interview, Gilmore -- an early employee of Sun Microsystems who also co-founded Cygnus Software (acquired by Red Hat) and was an early supporter of the Electronic Frontier Foundation and the Internet Society (ISOC) -- offered blunt insight and eye-opening historical detail... more

Facebook Is Right to Call the Australian Government Bluff

As mentioned in previous analyses, the way that the Government has approached its battle with the digital giants has been flawed from the beginning. True, its tough stand had made Google pay media companies well above what these companies would have been able to negotiate individually with Google, but the fundamentals of why these battles are taking place are still unchanged. more

Emergence, Rise and Fall of Surveillance Capitalism, Part 1: Emergence

One of the consequences of the Jan 6th events is a renewed attention towards Surveillance Capitalism as a key doctrine undermining democracy. This 2-part series of articles discusses the emergence, rise, and fall of Surveillance Capitalism under the premise that the better we understand the danger at the door, the better we are able to confront it. more

Why the Internet is Not Like a Railroad

When one person transmits the speech of another, we have had three legal models, which I would characterize as Magazine, Bookstore, and Railroad. The Magazine model makes the transmitting party a publisher who is entirely responsible for whatever the material says. The publisher selects and reviews all the material it published. If users contribute content such as letters to the editor, the publisher reviews them and decides which to publish. more