Policy & Regulation

Policy & Regulation / Recently Commented

Removing Principle of Confidentiality in ICANN’s NomCom is a Bad Idea

In its informal background paper "Applying the Highest Standard of Corporate Governance" (August 2011) the European Commission proposes to revise the procedures of ICANNs Nominating Committee (NomCom). Instead of the confidential treatment of applicants the EU calls for an open publication of "a full list of candidates". Is this a good idea? I don't think so. The rationale behind the EU proposal is "to improve confidence on the selection procedure" and "to avoid conflict of interests". But the proposed improvement is based on a wrong assumption... more

Underneath the Hood: Ownership vs. Stewardship of the Internet

As is well known to most CircleID readers - but importantly, not to most other Internet users - in March 2011, ICANN knowingly and purposefully embraced an unprecedented policy that will encourage filtering, blocking, and/or redirecting entire virtual neighborhoods, i.e., "top-level domains" (TLDs). Specifically, ICANN approved the creation of the ".XXX" suffix, intended for pornography websites. Although the owner of the new .XXX TLD deems a designated virtual enclave for morally controversial material to be socially beneficial for the Internet, this claim obfuscates the dangers such a policy creates under the hood. more

ICANN Finds Its Voice

I think we are finally getting somewhere: ICANN is no longer fluttering flusteredly whenever a lobbying group sends a nastygram over the transom. Case in point: a Association of National Advertisers (ANA) that arrived a few days ago, full of bombast and muscle-flexing, demanding that ICANN immediately stop the new gTLD program until a long list of demands from the ANA were met, or else the ANA would be forced to take some Very Scary Actions... more

Does ICANN Need to Evolve Its Code of Conduct?

If you follow the Internet governance world like I do, you've no doubt had time to ponder the news of former ICANN Board Chair Peter Dengate Thrush's appointment as Executive Chairman of Top Level Domain Holdings Limited (TLDH). This was a seemingly fast jump from the body that coordinates the Internet (whose most recent milestone was to approve the creation of new gTLDs) to one of the key companies that stands to actively benefit from this burgeoning part of the domain name industry. Further, he's taken up a position that, according to reports, will allow him to benefit substantially as well. more

Desperate Attempts to Drag the USA Into the Digital Economy

In the USA an interesting initiative has been taken by a number of leaders in the telco industry who are frustrated with the inability of the country to start building the high-speed broadband infrastructure that is needed for the development of its digital economy. While the Obama Administration has the right vision to make this happen - and the American National Broadband Plan is a good example of this - the dysfunctional political state of the country makes it impossible to establish the industry transformation needed to make this happen. more

Is Cybersecurity a Priority? You Wouldn’t Know It If You Go by Top Level Defections

In the US administration, we see important people like incoming Secretary of Defense Leon Panetta say at his Senate confirmation hearing that "a strong likelihood that the next Pearl Harbor" could well be a cyberattack that cripples the U.S. power grid and financial and government systems. He also said that cybersecurity will be one of the main focuses of his tenure at the Pentagon. But when you look at what is actually happening in cyber security, there is more position jockeying than there is real progress. more

Alignment of Interests in DNS Blocking

I've written recently about a general purpose method called DNS Response Policy Zones (DNS RPZ) for publishing and consuming DNS reputation data to enable a market between security companies who can do the research necessary to find out where the Internet's bad stuff is and network operators who don't want their users to be victims of that bad stuff... During an extensive walking tour of the US Capitol last week to discuss a technical whitepaper with members of both parties and both houses of the legislature, I was asked several times why the DNS RPZ technology would not work for implementing something like PROTECT-IP. more

Hot Legal Action in Canada!

The best part is ... this isn't one of those 'now that I've got your attention' tricks, like one of those old "free beer" posters; there really is a ton of stuff happening above the 49th parallel this summer. To begin with, as a precursor to Canada's Anti-spam Law coming into effect later this year, the Office of the Privacy Commissioner, the Canadian Radio-television Telecommunications Commission, and Industry Canada have all issued regulations, the latter two in draft form with an RFC. more

America Planning for the Closure of Its Copper Network

In an interesting move the FCC's Technical Advisory Council has outlined the need for setting a 'sunset' date for the closure of the circuit switched network. This is a first step that eventually could lead to the replacement of the PSTN in the USA, rather than letting the network slowly fade into oblivion the FCC proposes the bring the issue in the open so that it can be properly evaluated and discussed. more

The New gTLD Chess Game

On June 20th, the ICANN board voted to move ahead with the new generic Top-Level Domains (gTLDs) program, intended to add hundreds, if not thousands of new names to the DNS root. Now what? Not even the most enthusiastic ICANN supporters think that any new TLDs will be added before the end of 2012, but there are other things going on that greatly complicate the outlook. more

What’s New In the Field of Cybersecurity Cooperation

The last few months have shown a number of signs that cooperation in cyberspace is not just necessary, but it is vital for the survival of the Internet as we know it. There is no need to provide links to all the articles and news stories that talk about the dangers of cyberattacks on the infrastructure in the USA or other countries - you can find plenty of them. ... What misses really in these stories is the answer to the question "So, what?" more

Now Begins the Third Stage of ICANN’s TLD Triathlon

The ICANN community here in Singapore is celebrating after the historic vote to expand top-level domains (TLDs). And while I wouldn't begrudge anyone a few Singapore Slings, I think it's a little early to start celebrating. The marathon effort ICANN began 5 years ago isn't even close to reaching the finish line. more

Given Comprehensive TLD Applicant Guidebook, How Ready Are Applicants? Notes from the Field - Part 1

One of the benefits of being a third party (i.e., no financial interest in new Top-Level Domains (TLDs) or applying for any) and independent (i.e., self financed and non-exclusive) is that we at Architelos have the natural incentive, not to mention a survival imperative, to try to gain a broad and deep perspective on the market. While no one can accurately predict the future, I'd like to suggest where I think this market is headed and why. These thoughts are based on our observations over the last six months in hopes that both prospective TLD applicants and service providers will benefit. more

Whom Do We Regulate when the Phone Monopolies Are Gone? - Universal Access

After a more than 100 year run, the end is nigh for plain old telephone service (POTS). Through most of recent history POTS was provided by monopolies, which were regulated at both the federal and state level. The new world is much more competitive; we can talk via cell phones, computers, traditional phones hooked to a variety of devices instead of the old phone line, and a plethora of new gadgets like tablets. Voice service no longer has to be vertically integrated. more

Decision Day for ICANN: The End of the Beginning, or the Beginning of the End?

I've just arrived in Singapore, where ICANN's board will almost surely vote to launch an unprecedented expansion plan for generic top-level domains (gTLDs). As the new gTLDs start lighting-up over the next two years, we'll look back on this week as the "end of the beginning" since it ended several years of planning for the actual expansion. After the vote the real work begins: evaluating applications, implementing new mechanisms, and contract compliance on a scale far greater than ICANN has ever seen. more