Policy & Regulation

Policy & Regulation / Recently Commented

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

Trump Wants to Change the Communications Decency Act

Section 230 of the Communications Decency Act (CDA), says that "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider." The law was passed in 1996 in order to shield ISPs that transported content or platforms that hosted it from lability. Bloggers were not responsible for comments on their posts, YouTube and Facebook were not responsible for things users posted, etc. more

The Internet Is for All

Over the past fifty years, participants in what began as the DARPA internet community have been turning out diverse technical specifications for TCP/IP network architectures and services. The first twenty years under government agency sponsorship were marked by rather free-wheeling sharing of ideas and collegial accommodation of divergent views typically found in most professional, academic activities. more

Perspectives on Cyber Governance

APAN (Asia Pacific Advanced Network) brings together national research and education networks in the Asia Pacific region. APAN holds meetings twice a year to talk about current activities in the regional NREN sector. I was invited to be on a panel at APAN 50 on the subject of Cyber Governance, and I'd like to share my perspective on this topic here. more

Holding Trump Accountable Under Public International Law

Trump and his enablers are well known to disrespect if not disdain legal systems, including public international law. He has effectively abrogated every treaty instrument relating to international communications at the whim of a tweet. His behavior has dishonoured the USA in a way that will take years to remedy. Trump's actions to ban access to Android Operating System updates on Chinese products have significantly harmed cybersecurity worldwide. more

2020’s New Internet Success

Chinese technology policy is now more effective even than their naval posture in the South China Sea, and both are playing out in full sunshine. This success is not about the hardware pillar of Chinese tech policy, though: its focus is the structural approach China and, increasingly, other stakeholders are taking to global Internet Governance... Late in the Year of the Pig just gone, China's offer of a New Internet Protocol was chewed over in senior-level advisory groups of the International Telecommunication Union (ITU)... more

Addressing Anticompetitive Behavior in Internet Standards Bodies

A significant focus is emerging today on the anticompetitive behaviour of Silicon Valley companies directed at dominating critical sectors of the on-line marketplace, and a U.S. Congressional hearing is scheduled. Such practices can be pursued in many ways. One of the more elusive, but very effective anticompetitive playbooks - known legally as the "antitrust conspiracy" - can occur in internet standards bodies. more

The State of DNS Abuse: Moving Backward, Not Forward

ICANN's founding promise and mandate are optimistic -- ensure a stable and secure internet that benefits the internet community as a whole. Recent months, however, have highlighted the uncomfortable truth that ICANN's and the industry's approach to DNS abuse is actually moving backward, ignoring growing problems, abdicating on important policy issues, and making excuses for not acting. Further, the impending failure of ICANN's new WHOIS policy to address cybersecurity concerns will add fuel to the fire, resulting in accelerating DNS abuse that harms internet users across the globe. more

Senate Report on 5G: Recipe for Disaster

The Democratic Staff Report Prepared for the use of the Committee on Foreign Relations United States Senate, July 21, 2020, entitled "The New Big Brother," is actually all about 5G technology. The report jumps on the runaway anti-China train chaotically flailing around Washington these days to "out-Trump, Trump." It characterizes 5G technology, longstanding international collaboration, and COVID-19 tracking as all part of a global conspiracy for "digital authoritarianism" run out of Beijing. more