Policy & Regulation

NAF Caught Revising Past UDRP Decisions?

In a previous CircleID article, it was discovered and documented that NAF Panelists and Complainants were systematically copying/pasting nonsense into UDRP decisions. It has been a couple of months with no action by ICANN, and no public statement by NAF. In a shocking new development, though, it turns out that NAF has quietly edited a past UDRP decision! more

What is ‘On-Tap’ at ICANN 38 - Brussels (There’s More to Belgium than Beer!)

As the shorter of the ICANN interregnums comes to a close and the ICANN faithful finalize their dinner reservation agendas for Brussels, it is time again for a preview of what will be 'on-tap' at next week's ICANN meeting. While, as always, there is a lot going on in ICANN Land, a scan of the blogosphere and ICANN list serves suggests that the four most discussed topics will be... more

ICANN May Not Be Perfect, But It Is Working

Though I have been critical of some of ICANN's shortcomings, I remain a strong supporter of ICANN's role as a private sector-led, multi-stakeholder global regulator for the Internet's core addressing systems. My recent blog post about my concerns with the communications processes relating to the addition of the first Arabic script IDN ccTLDs has been quoted in an ITU Staff Paper prepared for the ITU Council Working Group on the World Summit on the Information Society, to be held in Geneva tomorrow. This document seems to suggest... more

Genachowski to Broadband: Reduce Prices, Increase Speeds, Increase Access, Embrace Competition

Broadband providers are not taking the recent move by the FCC to reclassify broadband under Title II; i.e., put broadband under its regulation arm along with the likes of telephone companies, very lightly and have come out swinging to stop that effort... Seemingly at issue; an appeal brought by Comcast with the D.C. Court of Appeals and the subsequent defeat of the FCC's perceived role as a broadband regulator, ruling the communication had no authority under current legislation to sanction Comcast over a 2008 Internet throttling incident. more

Registrar Abacus America is in Corporate Delinquency

KnujOn has retrieved a document indicating that the ICANN-Accredited Registrar Abacus America is in Corporate Delinquency in the state of Kansas. Kansas defines a company as Delinquent if "The business entity has not filed its annual report and fee by the due date." ... This incident is significant because Abacus America was cited by LegitScript and KnujOn for sponsoring an unlicensed pharmacy selling Schedule 3 substances... more

Regulating and Not Regulating the Internet

There is increasingly heated rhetoric in DC over whether or not the government should begin to "regulate the internet." Such language is neither accurate nor new. This language implies that the government does not currently involve itself in governing the internet -- an implication which is clearly untrue given a myriad of laws like CFAA, ECPA, DMCA, and CALEA (not to mention existing regulation of consumer phone lines used for dialup and "special access" lines used for high speed interconnection). more

Hello, Australia: Please Vote These Guys Out

So I heard about this ridiculous news the other day that now Australian customs officers have been given new powers to search incoming travelers' laptops and mobile phones for pornography, according to The Age. Really? Come on. Really? First the Internet filtering, a la porn wall, and now this? more

Scene Behind the Screen of IDN ccTLDs

Fundamental & imperative story behind this enablement of a meaningful string as IDN ccTLD name script in local language is very interesting. Previously there was a limitation of two letters as abbreviation for the IDN ccTLD name script and it is I, who proposed and convinced ICANN to remove this limitations that enabled all countries and territories of the world (who use non-Latin base script of their official language) to apply for a meaningful abbreviation or full name of the country as IDN ccTLD. more

The Sad State of WHOIS, and Why Criminals Love It

I'm not even sure how to begin this post, but let me tell you -- my head explodes when I try to contact WHOIS "contacts" about criminal activity - FAIL. I think ICANN wants to do the right thing here, and has stated on multiple occasions that inaccurate WHOIS data is reason for registrar termination. That's a Good Thing... more

Say No to WIPO’s Proposal to Amend the PDDRP to Create New Law

A number of comments to ICANN's proposed Post Delegation Dispute Resolution Process for new gTLD Registry Operators support a proposal by the World Intellectual Property Organization (WIPO) to hold a registry operator accountable for trademark infringement that occurs within a TLD if it "knowingly permitted, or could not have reasonably been unaware of" infringing domain names within the TLD. more

Comcast vs the FCC - A Reply to Susan Crawford’s Article

This is a reply to Susan Crawford's circleid article "Comcast v. FCC - "Ancillary Jurisdiction" Has to Be Ancillary to Something". I started writing a reply to her article, adding some comments I had and also reminding her that she'd predicted this herself, in an earlier circleid article, but it turned out long enough that I decided to submit it as a circleid post instead. On the whole, the facts agree with this CNET article. This court decision was correct, and expected... more

More Provocative Reasons for a Mandatory National Breach Disclosure

I read, with some small amount of discomfort, an article by Bill Brenner on CSO Online, wherein he interviewed several other CSOs and other "Security Execs" on their opinions on the firing of Pennsylvania CISO Robert Maley. For those who haven't heard about this, Mr. Maley was fired for talking about a security incident during the recent RSA conference without approval from his bosses. more

Comcast v. FCC - “Ancillary Jurisdiction” Has to Be Ancillary to Something

Big news today - Judge Tatel has written the D.C. Circuit's opinion in Comcast v. FCC, and Comcast wins. Bottom line: The FCC didn't have regulatory authority over Comcast's unreasonable network management practices because it failed to tie that authority to any express statutory delegation by Congress... more

MIT 2010 Spam Conference Starts Tomorrow…

In January we presented the glorious history of the MIT spam conference, today we present the schedule for the first day. Opening session will be from this author, Garth Buren with a topic entitled The Internet Doomsday Book, with details be released the same day as the presentation. Followed by Dr. Robert Bruen with a review of activities since the last MIT spam conference... more

Domain Registrars & Registries: Don’t Say You Weren’t Warned

There is an old saying that "bad news comes in threes." Domain name service providers have witnessed two unsettling developments in the past few weeks. The third, still winding its way through the U.S. Congress, could have enormous ramifications. Registries and registrars, in particular, need to speak up or resign themselves to the consequences. more