Policy & Regulation

Developing Internet Standards: How Can the Engineering Community and the Users Meet?

There is currently a discussion going on between Milton Mueller and Patrik Fältström over the deployment of DNSSEC on the root servers. I think the discussion exemplifies the difficult relation between those who develop standards and those who use them. On the one hand, Milton points out that the way the signing of the root zone will be done will have a great influence on the subjective trust people and nation states will have towards the system. On the other hand, Patrik states that "DNSSEC is just digital signatures on records in this database". Both are right, of course, but they do not speak the same language... more

Radio Interview Discusses Domainers and Domaining

Damien Allen of VTalk Radio recently interviewed Professor Eric Goldman of the Santa Clara University School of Law on the topic of "Domaining". The interview covers the nature of domaining as a business and how it differs from cybersquatting. From the interview: "Often times the domainers are not particularly interested in profitable resale and, in fact, in my experience many times when domainers get complaints about domains, they'll just hand the domain name back, no questions asked and no money charged. They're not looking to make money from the resale of the domain names..." more

More on WHOIS Privacy

Last week I wrote a note the ICANN WHOIS privacy battle, and why nothing's likely to change any time soon. Like many of my articles, it is mirrored at CircleID, where some of the commenters missed the point. One person noted that info about car registrations, to which I roughly likened WHOIS, are usually available only to law enforcement, and that corporations can often be registered in the name of a proxy, so why can't WHOIS do the same thing? more

Another Whois-Privacy Stalemate

The report of the Whois Working Group was published today. The Working Group could not achieve agreement on how to reconcile privacy and data protection rights with the interests of intellectual property holders and law enforcement agencies. So the Working Group Chair redefined the meaning of "agreement." See the full story at the Internet Governance Project site. more

Aging the Internet Prematurely, One PDP at a Time

After blogging about ICANN's new gTLD policy or lack thereof [also featured on CircleID], I've had several people ask me why I care so much about ICANN and new top-level domains. Domain names barely matter in a world of search and hyperlinks, I'm told, and new domains would amount to little more than a cash transfer to new registries from those trying to protect their names and brands. While I agree that type-in site-location is less and less relevant, and we haven't yet seen much end-user focused innovation in the use of domain names, I'm not ready to throw in the towel. I think ICANN is still in a position to do affirmative harm to Internet innovation. more

The New Hong Kong Anti-Spam Law, and a Small Fly in the Ointment

Well, it has been quite a while since first the Hong Kong OFTA (in 2004) and then CITB (in 2006) issued requests for public comment about a proposed UEM (Unsolicited Electronic Messaging) bill to be introduced in Hong Kong, for the purpose of regulating unsolicited email, telephone and fax solicitations. We're a large (worldwide) provider of email and spam filtering - but we're based in Hong Kong, and any regulation there naturally gets tracked by us rather more actively than laws elsewhere. We sent in our responses to both these agencies... The bill is becoming law now - and most of it looks good... There's one major fly in the ointment though... more

IGF Preparatory Meeting: A Score Draw in Geneva

Wednesday was the open public consultation preparing for the second meeting of the Internet Governance Forum, which will take place in Rio de Janaeiro on 12th-15th November. Although the inaugural Athens meeting was widely deemed a success, having largely stayed off the dread topics of wresting control of DNS from ICANN and IP addressing from the RIRs, the usual suspects were back demanding that these topics be added to the agenda. more

Domain Speculation: Attack of the TechnoPinkos

This morning I was forwarded a link to the Business2.0 article on domainer Kevin Ham about a half-dozen times and one sent the reddit comment thread on it (titled "This guy is a piece of s**t") and I had to chuckle and replied "I see Techno-Pinkos are out in full force". Some of the comments are just classicly clueless: "He's just a parasite. Someone gaming the system for their own financial ends without providing a useful service to anyone, and making it worse for many." ...Newsflash: Speculation is any time you choose one path, good or service over another in the hopes that you will do better... more

Hotmail Running Its Own SMTP Variation

Companies sensible to effective delivery of email to all free email services may have noticed problems with deliveries to Hotmail addresses. Despite the SMTP dialog ending with a successful "250" return code, recipients don't see the message. In their Guidelines, MSN require thorough compliance with IETF standards. However, it seems they have their own interpretation about provisions for Delivery Status Notifications, a.k.a. bounces, that servers must send after they have accepted responsibility for delivering the message... more

UDRP Good for Trademark Protection, Not So Good for Political Process

Social Science Research Network has published a paper examining "the large gaps and inconsistencies in current domain name law and policy" as compared with domain name use in the political context. The paper suggests that the current domain name policy is focused on protecting trademark uses of domain names against bad faith commercial 'cybersquatters' but does not deal with protecting use of domain names as part of the political process. more

.COM and .NET: Thick Or Thin?

The fallout from the failure of RegisterFly has been largely addressed as an issue of regulation and enforcement. ...ICANN has not historically enforced the escrow obligation, and in any case, if a company has failed, who exactly is going to take responsibility for updating the escrowed data? It seems to me that the problems that have arisen as a result of RegisterFly's collapse have more to do with the design of the "shared registry system" for the .COM and .NET TLDs than they do with ICANN's failure to enforce the RAA. more

Recent COPA Ruling Shedding Light on Usefulness of XXX as Voluntary Self Regulatory Vehicle?

ICM Registry applauds the decision yesterday of Judge Lowell Reed of the United States District Court for the Eastern District of Pennsylvania in ACLU v. Gonzales to permanently enjoin enforcement of the Child Online Protection Act ("COPA"). Praising Judge Reed's meticulously documented opinion, ICM Registry President Stuart Lawley said, "This continues the unbroken chain of court decisions in the U.S. upholding free expression on the Internet, and it underscores the superiority of voluntary measures that empower users to select content compared with government regulations." Lawley concluded, "Now, more than ever, it underscores the need for ICANN to approve the proposal for a voluntary .xxx domain as another alternative to government regulation." more

Who is ICANN and Where Does it Fit With Internet Governance?

You'd be surprised how many people are asking that question at the moment, but you won't be surprised to know that the only thing they agree on is that they either don't know, or that they disagree with the people that believe they do. I am not going to attempt to provide my own answer, but I will point to a paper just released by the Parliamentary Office of Science and Technology (POST). POST, among other things, produces regular, concise briefings for the UK Parliament on whatever are the important topics of the time. And they have now done one on Internet Governance. more

Irish Government To Kill IE ccTLD?

While I was in LA last week John sent me details of the Communications Regulation (Amendment) Bill 2007. While there are some potentially positive aspects in the Bill some of the Bill's contents are, for lack of better word, simply crazy... more

Addressing the Future Internet

What economic and social factors are shaping our future needs and expectations for communications systems? This question was the theme of a joint National Science Foundation (NSF) and Organisation for Economic Co Operation and Development (OECD) workshop, held on the 31st January of this year. The approach taken for this workshop was to assemble a group of technologists, economists, industry, regulatory and political actors and ask each of them to consider a small set of specific questions related to a future Internet. Thankfully, this exercise was not just another search for the next "Killer App", nor a design exercise for IP version 7. It was a valuable opportunity to pause and reflect on some of the sins of omission in today's Internet and ask why, and reflect on some of the unintended consequences of the Internet and ask if they were truly unavoidable consequences... more