Policy & Regulation

Policy & Regulation / Recently Commented

Internet Society Seeks Nominations for 2021 Board of Trustees

re you passionate about preserving the global, open Internet? Do you have experience in Internet standards, development or public policy? If so, please consider applying for a seat on the Internet Society Board of Trustees. The Internet Society supports and promotes the development of the Internet as a global technical infrastructure, a resource to enrich people's lives, and a force for good in society. more

The Upload Speed Lie

In the 2020 Broadband Deployment Report, the FCC made the following claim. "The vast majority of Americans -- surpassing 85% -- now have access to fixed terrestrial broadband service at 250/25 Mbps". The FCC makes this claim based upon the data provided to it by the country's ISPs on Form 477. We know the data reported by the ISPs is badly flawed in the over-reporting of download speeds. Still, we've paid little attention to the second number. more

Another ICANN Meeting Concluded With No Action on DNS Abuse or Privacy/Proxy Policy

The ICANN 69 meeting has come to a close, with no progress on DNS abuse or implementation of the Privacy/Proxy Services Accreditation policy (PPSAI). While ICANN is uniquely positioned to do so, it refuses to do anything proactive about DNS abuse, with its executives overtly attempting to limit its role to data collection. Moreover, its refusal to implement community-driven initiatives such as the PPSAI points to a growing trend where ICANN is backing away from its public interest responsibilities, to the detriment of the Internet and its users. more

Internet Bifurcation: Will the US-China Digital Arm-Twisting Splinter the Open and Free Internet?

The Internet controversy between the US and China is escalating. The Trump Administration is fighting against Huawei, TikTok and We Chat. China is pushing back with new export regulations for Chinese IT technology. August 5, 2020 the US State Department launched a "Clean Network" initiative, aimed to remove Chinese digital corporations from the global supply chain in today's interconnected world. September 8, 2020 the Chinese Foreign Ministry replied with a "Data Security" initiative, aimed to enhance global cybersecurity in "Chinese colours." more

The Whois Wars Go On

There is a lot of discussion about the Expedited Policy Development Process (EPDP) Phase 2 report on evaluating a System for Standardized Access/Disclosure (SSAD) to non-public gTLD registration data after the decisions taken by the GNSO Council on September 24th. Notably, the Business Constituency (BC) and the Intellectual Property Constituency (IPC) have voted against the adoption of the Final Report of the EPDP team. more

A Failed Whois Policy

ICANN's two-year effort to purportedly preserve the Whois public directory to the greatest extent possible while complying with GDPR has failed. Under the latest proposal, the Whois database, once a contractually-required directory of domain name registrants, will be gutted to the point of virtual worthlessness, as registrars, registries, academics, and hand-wringing others ignored the public interest and imposed ever-higher barriers to legitimate, GDPR-compliant access to registration data. more

First Round of U.S. Layoffs Due to Huawei Blockade

Neophotonics, the Nasdaq-listed producer of various optical communications products, including silicon photonics and photonic integrated circuits (PICs), warned investor this week that the new restrictions on business with China's Huawei - its largest customer - could have a major impact on future sales. more

Uniform Rapid Suspension Not Appropriate for .com Domain Names

The Internet Commerce Association has been actively involved for the last four years on the ICANN Working Group reviewing the Uniform Rapid Suspension (URS) policy and the Uniform Domain Name Dispute Resolution Policy (UDRP). The Working Group is currently wrapping up its review of the URS. The UDRP will be reviewed in an upcoming second phase. more

Is There Such a Thing as Technical Internet Governance?

In ICANN's "President & CEO Goals for Fiscal Year 2021", Göran Marby went out to make a curious distinction in the document's second stated goal, according to which he intends to "Implement a common strategy for Internet governance (IG) and technical Internet governance (TIG)". Proceeding to state that "we will begin by identifying the most important issues we need to address, followed by an assessment of where and how we can intervene, the venues we should use, and the resources required to be effective". more

Too Little, Too Late? Why ICANN’s Proposed WHOIS Access System Isn’t Worth It

After two years of grueling, complex and contentious debate, the ICANN EPDP team delivered its Phase 2 Final Report on July 31st, 2020. Unfortunately, and disappointingly, the policy recommended for the so-called "System for Standardized Access/Disclosure" (SSAD) fails to meet the needs of the users it supposedly is designed to benefit. more

The Internet’s Gilded Age

The rise of the Internet has heralded rapid changes in our society. The opportunities presented by a capable and ubiquitous communications system and a global transportation network have taken some corporations from the multinational to the status of truly global mega-corporation. Good examples of these new corporations include Google, Apple, Amazon, Microsoft and Facebook. There are a handful of large-scale winners in this space and many losers. But this is not the first time we've witnessed a period of rapid technological and social change. more

Internet Governance Outlook 2020: The Next Generation of Players and Problems Is Coming

The beginning of a new decade is always an invitation to have a broader look into the future. What, in the next ten years, will happen in the Internet Governance Ecosystem? Will the 2020s see the usual swinging pendulum between more liberal and more restrictive Internet policies in an interconnected world? Or will we move towards a watershed? more

The TikTok Ban in Context

Donald Trump recently issued an executive order banning TikTok on the grounds that it was necessary to deal with the national emergency he had declared in an earlier executive order. He says he is concerned that TikTok might turn user's "information such as location data and browsing and search histories" over to the Chinese government. Trump does not site evidence of TikTok having shared data with China and TikTok says they have never shared user data with the Chinese government... more

Time to Stop Talking About Unserved and Underserved

I work with communities all of the time that want to know if they are unserved or underserved by broadband. I've started to tell them to toss away those two terms, which is not a good way to think about broadband today. The first time I remember the use of these two terms was as part of the 2009 grant program created by the American Recovery & Reinvestment Act of 2009. The language that created those grants included language from Congress that defined the two terms. more

Why Platform Regulation Concerns ICANN

With the publication of the Australian Governmental report on Digital Platforms1and in the light of the ongoing work on the EU's Digital Services Act, the spotlight of policymaking is on platforms such as Google, Facebook and Amazon. It is natural that members of the ICANN community want to discuss the role of platforms within the ICANN framework, but sadly and predictably, the usual bylaws jockeys and keepers of the true ICANN faith were quick to stifle the conversation. more