Policy & Regulation

Who Is Blocking WHOIS? Part 2

We have just returned from the Brussels, Belgium ICANN meeting where we released our Registrar audit, the Internet "Doomsday Book." There are many topics covered in the report, but we wanted to follow up specifically on the issue of WHOIS access and add data to our previous column Who Is Blocking WHOIS? which covered Registrar denial of their contracted obligation to support Port 43 WHOIS access. more

Open Internet and Democratic Principles Under Attack

It is somewhat ironic that, several years ago now, Rupert Murdoch (while hinting at China) said something along the lines of the new media constituting a threat to totalitarian regimes, and that these regimes would have to open up and democratise. At that time the entire the western world, led by America (perhaps quietly), applauded his statement. ... However, now that those western leaders are being confronted with exactly the same issues, and are seeing for themselves the enormous democratic benefits of the Internet, they are behaving in a most authoritarian way. more

No Free Lunch in Internet Peering or Transit

Like many of you, I am keenly following the Comcast-Level 3 dispute and am trying to make sense of it all. The dispute confirms several universal principles about Internet traffic routing that have passed the test of time. ... Consumers pay Internet Service Providers ("ISPs") a monthly subscription with the expectation that the fee covers access to available content, i.e., the conduit. As the World Wide Web evolves and content options diversify to include full motion video, consumers simply expect their ISPs to make sure the download distribution pipes are sufficiently robust to handle high bandwidth requirements and commensurately large monthly download volume. more

WiFi in All U.S. Federal Buildings

Legislation has been introduced in the US that will require all public federal buildings to install WiFi base stations in order to free up cell phone networks. The Federal Wi-Net Act would mandate the installation of small WiFi base stations in all publicly accessible federal buildings in order to increase wireless coverage and free up mobile networks. The bill would require all new buildings under construction to comply and all older buildings to be retrofitted by 2014. It also orders $15 million from the Federal Buildings Fund be allocated to fund the installations. more

ICANN’s Governance Conundrum

After reading Steve Delbianco's recent CircleID article entitled The Tale of Two Governance Models I was torn. On one hand I agreed and supported Steve's comments about the strength of the bottom-up consensus driven model upon which ICANN was originally founded. As I am about to begin my thirty fifth ICANN regional meeting over the last eleven years, it is a model which I still believe in and fiercely fight to defend. However, on the other hand I look back over the last eleven years... more

How to Discredit Net Neutrality

On Tuesday (November 30) Internet backbone provider Level3 publicly accused cable-based ISP Comcast of trying to thwart competing video services delivered through the internet. Comcast was, according to Level3, suddenly choosing to charge it more because of its carriage of Netflix traffic. The accusation was consciously framed to raise net neutrality alarms. It appeared as if a cable TV giant was using its control of internet access to make access to a competing, over the top video service more expensive... Then the full story came out. more

Bad Timing: Comcast, Netflix, NN, Cable Modems, and NBCU

Comcast, the largest broadband provider, largest pay-TV company, and third-largest telephone company in the country, distributes communications services to more than a third of the country. Today Comcast's existing overwhelming market power was on display in major public battles with (1) Level 3 and (2) cable modem manufacturer Zoom. The takeaway from today: No market forces are constraining Comcast -- or any of the other major cable distributors, none of which compete with each other. more

ITU, the Internet, and a Very Contentious Footnote

I was part of a small APNIC delegation that attended the ITU Plenipotentiary Conference (PP-10) with a limited Sector Member role as an observer. Our aim was to be available to ITU Member States with questions on IP addressing issues and to follow Member State discussions on the ITU's role in Internet governance issues. Four adopted resolutions at PP-10 were of particular relevance to Internet management, of which one was new: "Facilitating the transition from IPv4 to IPv6". more

Implications of ICANN’s New TLD Disqualification Policies and Cybersquatting 3-Strike Law

ICANN's proposed final applicant guidebook unraveled some new policies that would disqualify applicants from the new TLD program. ICANN states that if you lose 3 UDRP cases, you will be disqualified from being a major shareholder, partner, officer, director of a new top-level domain registry... Has ICANN opened a new can of worms with the 3-strike rule? more

The Wall Between Registries and Registrars Comes Tumbling Down

The ICANN Board has just voted to get rid of all co-ownership restrictions between domain registries and registrars. This is major news, with far-reaching consequences... This is the only principled decision the ICANN Board could have come to, and they deserve a lot of credit for doing it. By "principled," I mean taking ICANN's stated institutional principles and following them to their logical conclusion... more

Best Practices: A Meaningless Term

Chad White wrote an article for MediaPost about best practices which parallels a lot of thinking I've been doing about how the email marketing industry treats best practices. After several conversations recently about "best practices," I'm convinced that the term is now meaningless. It's been bastardized in the same way that the definition of "spam" has shifted to the point that it has very different meanings to different groups of people. more

Kidnapping, Theft and Rape Are Not “Cyber” Crimes

Kidnap. Rape. There are no lesser words that can be used to describe what happened to the daughter of an anti-spam investigator in Russia. His daughter was recently released, according to Joseph Menn's recent article on Boing Boin, after having been kidnapped from her home five years ago, fed drugs, and made to service men, as a warning to ward off further investigations. The criminals behind these vicious acts were also responsible for large spamming organization associated with Russian Mob activity. more

The Facts about Vertical Integration?

In a far less dramatic event, the ICANN Board will soon decide the question of vertical integration between domain name registries and registrars in the new Top-Level Domain (newTLD) round. But Adams' statement continues to ring true today and the question the ICANN Board must ask itself is: "what facts do we have before us to justify a change in policy." After 2+ years of intense community discussion on this topic, the answer is clearly -- very few. more

Facing Up to the Generational Privacy Divide

Last week hundreds of privacy regulators, corporate officers, and activists gathered in Jerusalem, Israel for the annual Data Protection and Privacy Commissioner Conference. ... Many acknowledged that longstanding privacy norms are being increasingly challenged by the massive popularity of social networks that encourage users to share information that in a previous generation would have never been made publicly available for all the world to see. more

IPv6: Whose Responsibility Is It?

This text was originally meant to be read by the Swedish authorities and municipalities, but the problem is most probably similar all over the world. Along with others, I have repeatedly written and spoken about the need for municipalities and agencies to start with the roll-out of IPv6. Most of what I have written has been focused on IT managers. It might seem natural that it is the IT manager's decision to get the IPv6-project started. But what if perhaps it isn't...? more