Policy & Regulation

Policy & Regulation / Recently Commented

A Sustainable Framework For The Deployment Of New gTLDs

At the Fourth Annual Meeting of the ICANN Board in Amsterdam, the ICANN Board asked the DNSO Names Council (who have since become "the GNSO Council") to provide the Board with advice and input on the issues that surround the creation of new generic top-level domain names. Based on the Council's publicly documented conversations thus far, it is becoming clear that Council is moving in directions that do not seem to be consistent with the continued health of the namespace or development of a competitive market for registration and DNS services. more

United Nations vs. ICANN: One ccTLD At A Time

What happens if ICANN fails? Who will run the DNS then?

Of course to many, ICANN already has failed -- spectacularly so. Critics have long complained that ICANN not only lacks accountability and legitimacy, but also that it is inefficient (at best) and downright destructive (at worst). According to these critics, ICANN's many sins include threatening the stability of the Internet, limiting access by imposing an artificial domain name scarcity, and generally behaving like a petulant dictator. more

Internet Governance: The Proof Is In The Pudding

"ICANN remains the frontier institution and the test case for global governance in the IT sector," writes Zoe Baird in an article in the November-December 2002 issue of "Foreign Affairs". Baird is the President of the Markle Foundation. Her article "Governing the Internet: Engaging Government, Business and Nonprofits" appears in "Foreign Affairs", a magazine usually devoted to the discussion of American foreign policy interests.

The opening line of the article is striking. "The rapid growth of the Internet," Baird writes, "has led to a worldwide crisis of governance." On the surface, a serious problem has been identified. There is the promise of a fruitful discussion to follow. more

Invalid WHOIS Data: Who Is Responsible?

Suppose you wanted to know who operates a website at a given domain name. Perhaps you suspect that the domain name is pointing to a website that offers illegal content, or you may just want to send a comment to its authors. Conveniently, the Internet provides a so-called "WHOIS" system that ordinarily provides contact information for each registered domain. But in the case of many hundreds of thousands of domains, the WHOIS data just isn't accurate.  more

Parsing Hype From Hope: Will ENUM Spark Changes In Telecom?

In the beginning there was silence; then, silence begat communication, and communication begat more communication and, ultimately, group communication formed and begat a primordial "network" of communication that gradually and inevitably increased in effectiveness and complexity: there were only signal fires at first but, then, there were cave drawings, carrier pigeons, shouting from hill-tops, smoke from fire, lines of cannon fire, the telegraph, Alexander Graham Bell, and, finally, the network of networks known as the Internet. But, is that it? Is there not something more impressive in its impact upon communication than the Internet? What more might one desire than the dynamic wonders of the Internet, you ask? Well, what about ENUM? "E-What!?" more

Domain Name Theft, Fraud And Regulations

When it comes to domain name disputes, no domain name has captured more media attention than sex.com. Of course, disputes about sex often obtain a great deal of attention, and the sex.com domain name dispute can grab its share of headlines because the case involves sex, theft, declared bankruptcy, a once-thriving Internet porn business, and fraud, instead of the typical cybersquatting allegations. Indeed, this case is remarkable for its potential impact on the development of caselaw concerning whether there is a valid basis to assume that trademark interests should overwhelm all non-commercial interests in the use of domain names. The answer is no, but the caselaw to support that answer is in tension with cases that strongly imply a contrary conclusion. more

NIS 2.0 and Its Impact on the Domain Name Ecosystem

I recently appeared on the 419 Consulting podcast to discuss the European Union's NIS 2.0 Directive and its impact on the domain name ecosystem. I encourage all TLD registries, domain name registration service providers, and DNS operators to listen to the recording of that session which Andrew Campling has made available. more

13th Registration Operations Workshop: Join Us Online on June 4th, 2024

As a member of the ROW Planning Committee, I am writing this post on behalf of the Committee and welcome all community members to join us on June 4th. We are celebrating ROW's 10th anniversary! A decade of collaboration and inspiration! Thank you to the incredible community that has fueled this journey! more

What Defines a Stakeholder in Internet Governance? (Netmundial+10 Special)

What defines a stakeholder in Internet governance? Is it a professional occupation, an ideology, or a specific methodology? One of the key themes emerging in the Netmundial+10 event has been that of stakeholder involvement, participation and representation in different IG mechanisms. The numeric increase in contributors to these processes since the original Netmundial is palpable. However, questions remain about the definition of a stakeholder and the premises under which these actors should engage in policy work together. more

How Much Did the U.S. Wireless Carriers “Earn” From “Location Information Aggregators”?

The FCC lawfully fined U.S. facilities-based wireless carriers nearly $200 million for selling highly intrusive location data about subscribers without their "opt-in" consent. In Section 222 of the Communications Act, Congress comprehensively specified how the carriers bore an affirmative duty of care not to disclose clearly defined Customer Proprietary Information ("CPNI"). The Act explicitly required the FCC, and no other agency, to protect telecommunications consumers. more

The Hidden Costs of Digital Convenience

In today's digital age, the Internet is a ubiquitous presence in our lives, playing a pivotal role in how we communicate, work, learn, and entertain ourselves. However, the convenience and benefits of the Internet come with a hidden cost to the environment, which is often overlooked by end users. This article explores the environmental impact of online activities and highlights the importance of adopting more sustainable digital practices. more

The World’s First Treaty on AI: Our Thoughts and the Way Forward

The most contentious issue throughout negotiations was that of scope—whether the Convention would cover the private sector at all, and if so, to what extent. Leaks of the negotiations and commentary by journalists indicate that several states, primarily the United States, were keen to see the Convention not directly applying to private entities. more

A Brief Primer on Anti-Satellite Warfare Tactics

Satellites make it possible for governments to provide essential services, such as national defense, navigation, and weather forecasting. Private ventures use satellites to offer highly desired services that include video program distribution, telecommunications, and Internet access. The Russian launch of a satellite, with nuclear power and the likely ability to disable satellites, underscores how satellites are quite vulnerable to both natural and manmade ruin. more

Lies, Damn Lies, and Selective Statistics About Our Great Wireless Marketplace Thanks to the T-Mobile

In the February 13th edition of the Wall Street Journal, Professor Thomas W. Hazlett offers a breathless endorsement of market concentration with the T-Mobile acquisition of Sprint, his go-to example. Apparently, mergers and acquisitions benefit consumers because they enhance competition and generate all sorts of positive outcomes that could not possibly have occurred but for the reduction in the number of industry players. more

Nominations Open for 2023 Internet Society Board of Trustees

Are you (or someone you know) passionate about protecting the global, open Internet? And ensuring that it is available to everyone? Do you have leadership experience in business, government, philanthropy, and/or the nonprofit sector? If so, please consider submitting a nomination for a seat on the Internet Society Board of Trustees to help guide the future of the organization. more