Policy & Regulation

Policy & Regulation / Recently Commented

Interview with United Nations Head Secretariat of WGIG

Markus Kummer, Executive Coordinator, Secretariat of the United Nations Working Group on Internet Governance, is a career diplomat, who has served as eEnvoy of the Swiss Foreign Ministry in Bern since April 2002. His main tasks include foreign policy coordination in the area of information and communication technologies, in general, and the World Summit on the Information Society (WSIS), in particular. He chaired the negotiating group that developed an agreed text on Internet governance for the WSIS Declaration of Principles and Plan of Action in December 2003... Mr Kummer says: "The time-frame is very short indeed. And the task ahead of us is daunting." more

DNS WHOIS: Barking Up the Wrong Tree

As the Internet has grown and matured, it has become obvious to everyone involved that the DNS Whois system, as it currently exists, is not a sustainable way to share contact information for resolving network problems. ICANN, in an attempt to save DNS Whois, has plunged head long into the process of developing new policies aimed at fixing it. While I respect all of the hard work that has gone into this process, the results thus far have only made it clearer that this system faces intractable problems. more

Internet Meltdown?

Is the internet on the verge of a meltdown? A non-profit organization, People For Internet Responsibility (PFIR), is concerned that there is the risk of "imminent disruption, degradation, unfair manipulation, and other negative impacts on critical Internet services..." PFIR believes that the "red flag" warning signs of a potential meltdown include "attempts to manipulate key network infrastructures such as the domain name system; lawsuits over Internet regulatory issues... ever-increasing spam, virus, and related problems..." more

Can Technology Can Spam?

It seems to be impossible to implement a law against spam - unsolicited bulk email - without making a hash of it. At best, anti-spam laws are ineffective; at worst, they cause more problems than spam itself. Can technology fare any better? ...But despite this flurry of initiatives, we are yet to see a definitive answer to the spam problem. An Anti-Spam Technical Alliance has been formed by Microsoft, America Online, Yahoo! and EarthLink, but these companies continue to proffer competing solutions. Meanwhile, the technology being deployed in the spam wars is causing collateral damage, in the form of 'false positives' - email that is incorrectly categorised as spam, and so never reaches its intended recipient. more

An Economic Analysis of Domain Name Policy - Part II

"Comparisons with Telecommunications Policy" is the focus of part two of a three-part series based on a study prepared by Karl M. Manheim, Professor of Law at Loyola Law School and Lawrence B. Solum, Professor of Law at University of San Diego. Special thanks and credit to Hastings Communications and Entertainment Law Journal, Vol. 25, p. 317, 2004. ...In the United States, an independent federal agency, under the direction of Congress, is charged with developing and implementing policies governing the major telecommunications industries. These include broadcast radio and television, wireline and wireless telephony, and video distribution via cable, wireless, and satellite. One might wonder why the Federal Communications Commission ("FCC") does not likewise have jurisdiction, at least in the US, over perhaps the most significant telecommunications industry -- the Internet. more

An Economic Analysis of Domain Name Policy - Part I

"The Root Server is a Scarce Resource" is the focus of part one of a three-part series based on a study prepared by Karl M. Manheim, Professor of Law at Loyola Law School and Lawrence B. Solum, Professor of Law at University of San Diego. Special thanks and credit to Hastings Communications and Entertainment Law Journal, Vol. 25, p. 317, 2004. ...We begin our analysis of domain name policy with a brief excursion into economics. Economics cannot answer all of the questions raised by domain name policy. First, domain name policy must answer to the discipline of network engineering. A useful domain name system must work, and the functionality, scalability, reliability, and stability of the system are determined by the soundness of its engineering. Second, domain name policy must answer to public policy. The Internet is a global network of networks, and Internet policy is answerable to a variety of constituencies, including national governments, the operators of the ccTLDs, Internet Service Providers, information providers, end users of the Internet, and many others. more

Questioning Innovation: An Interview with Bob Parsons

In a press release issued Wednesday, March 03, 2004, Go Daddy Software, Inc., defended ICANN's right to regulate VeriSign's registry services and called for a formal review of the company's position as an "exclusive registry." This announcement from Go Daddy, which comes one week after VeriSign filed a lawsuit against ICANN, pledges $100,000 to ICANN for its defense of the VeriSign lawsuit. Go Daddy, which ranks among the top 3 largest domain name registrars in the world and one of VeriSign's largest customers, has also sent a letter to both the U.S. Department of Commerce (DOC) and the Internet Corporation for Assigned Names and Numbers (ICANN) strongly urging both groups to undertake a formal review of VeriSign's registry position.

In this special interview, CircleID has caught up with Bob Parsons, President and Founder of Go Daddy, where he provides in-depth discussions of Internet Innovation, ICANN, VeriSign's Global Registry Services, Top-Level Domains and the current legal battles. more

Ireland’s .ie To Come Under Government Control

The Irish domain registry (IEDR) is to come under the control of the Commission for Communications Regulation ComReg. At present the registry is managed by a "not-for-profit" company, however it has come under increasing criticism with regard to both its management and policies. Although there are approximately 40,000 IE domains currently registered, it is still one of the strictest and most expensive ccTLDs in the world. more

Why Does A Technical Manager Function As A Regulator?

Unlike ICANN, the National Telecommunications and Information Administration (NTIA) responded graciously, promptly and substantively to inquiries from the Center for Regulatory Effectiveness (CRE) regarding governance of the internet. CRE sent a letter to NTIA in mid-March asking about public access to documents prepared by ICANN under Memorandum of Understanding (MOU) with NTIA. NTIA provided a quick and clear response to CRE's questions. NTIA also reiterated its commitment to achieving transparency and accountability in ICANN's processes. NTIA's response to CRE, although clear and comprehensive, raised a number of important questions about ICANN and their governance of the internet. more

Did ICANN Over Regulate VeriSign?

CircleID recently interviewed Jonathan Weinberg, Professor of Law at Wayne State University to discuss legal and regulatory issues that have been raised against Internet Corporation For Assigned Names and Numbers (ICANN). VeriSign, the registry operator of the two most popular top-level domains .com and .net, filed a lawsuit against ICANN on February 26, 2004 complaining that the Internet regulatory body has extended "its authority beyond the scope of its contracts". Did ICANN cross its contractual boundaries? To what extent does ICANN's contract limit its technical coordination functions and how much of a threat does VeriSign's lawsuit impose? Jonathan Weinberg explains... more

It’s About Connectivity Not The Internet!

I've been trying to avoid writing about the Internet as such. With as "At the Edge" I'm looking at larger issues but can't escape writing more directly about the Internet. It seems as if everyone wants a say in Internet policy without distinguishing between technical and social issues. Today the term "The Internet" or, for many simply "Internet" is more of brand than a term for a specific technology and its implications. It has become too easy to talk about the Internet in lieu of understanding. We also see the converse -- a failure to recognize "Internet" issues. more

Verisign vs. ICANN: More at Stake than Sitefinder

It's easy to dismiss Verisign's antitrust suit as a ploy to push through Sitefinder. But whether one loves Sitefinder or hates Sitefinder, the complaint raises a much more significant issue that won't go away even if ICANN lets Verisign roll out Sitefinder. At the heart of Verisign's complaint is the lack of any definable process for decisionmaking, and its a complaint shared by others. A settlement between Verisign and ICANN that does not create a clear process for decisionmaking at ICANN that includes trustworthy independent review will merely delay the inevitable. Eventually, some other party will become just as frustrated and again challenge ICANN -- either in U.S. court or by enlisting the help of the U.S. Commerce Department, non-U.S. governements, or multinational treaty organizations. ICANN must recognize that the days of ad hoc decision making based on realpolitick must end and give way to stable processes that ICANN staff cannot control. more

The Small, But Limitless World of .kids.us

Erica Wass is the editor and contributing author of the recently published book, "Addressing the World: National Identity and Internet Country Code Domains", (Rowman & Littlefield, October 2003). This book is an edited collection of original essays by domain name administrators, academics, journalists and lawyers that examine the connections between various cultures and the use and regulation of their country code domain names. This is the second part of a three-part series. "Congress and the President of the United States believed so much in the idea that the Internet needed a "safe zone" for children that they passed a law designating such a space. One year after its passage I sought to examine the development of the .kids.us name space. I found an initiative that has yet to live up to its potential, but has a limitless, albeit difficult future ahead." more

Report on Reaction to FOISA

On February 4, 2004, United States Congress held a hearing on a new proposed bill called the Fraudulent Online Identity Sanctions Act (FOISA). This bill will increase prison sentences by up to seven years in criminal cases if a domain owner provides "material and misleading false contact information to a domain name registrar, domain name registry, or other domain name registration authority." What follows is a collection of commentaries made in response to this proposed bill. more

CENTR Replies to ITU Study on ccTLD Governance

The Council of European National Top-Level Domain Registries (CENTR) announced today their response to Professor Michael Geist's draft survey report "Government and country-code top level Domains: A global survey", which was conducted on behalf of the International Telecommunication Union (ITU) in December 2003. "In the last decade the general trend has been to de-regulate markets in the Communications Industry, which continues to stimulate economic growth and innovation, and it seems perverse that this ITU supported report is seeking to go against the proven successful trend," said Paul Kane, chairman of CENTR. more