Policy & Regulation

ICANN SSAD Proposal Poised to Succeed?

The GNSO Council and the ICANN Board both seem poised to grant sufficient runway to the community to refine an idea for a simple ticketing system designed to centralize requests for registrant information disclosures and provide meaningful data that is likely to help ICANN staff enhance its assessment of the SSAD proposal. This is very good news for those who advocate for consumer safety and trust on the Internet, and it is very good news for the ICANN multistakeholder model. more

Ukraine: What Are the Likely Implications for Norms and Discussions in Cyberspace?

The invasion of Ukraine by Russia on 24 February, and the events since, have shocked and horrified the world. The immediate focus must be on protecting the safety, security and human rights of the Ukrainian population. But we can already see how the war will also impact broader global events, discussions and behaviour, particularly relating to the digital environment. more

A to Z on Internet Policy and Regulation – Brazil 2022

Time has come again, another year of general elections in Brazil. Some 30,000 candidates are running for Executive and Legislative seats: 1 President, 27 State Governors, 27 Federal Senators, 513 Federal Deputies, 1059 State Deputies, 24 District Deputies to govern 212+ million people and one of the largest economies in the world. For a few lucky industries, success and failure do not correlate with who is in power; for others, policy and regulation are everyday business. more

The UK Seeks to Enforce Tougher Standards on MSPs

The UK government is proposing new regulations to strengthen cyber resilience in the private sector. Their intention is to expand cybersecurity rules for critical infrastructure (CI) operators to include managed service providers (MSPs), more stringent breach notification requirements, and legislation to establish the UK Cyber Security Council as the standards development organization for the cybersecurity profession. This is a welcomed development, but more details about implementation and enforcement are needed. more

Dissecting the 2022 UK Cyber Security Strategy: The ‘Whole of Society’ Approach

The UK government launched its 2022 Cyber Security Strategy on 15 December 2021, outlining its ambitious plans to improve the resilience of UK institutions and businesses while protecting the country's interests in cyberspace. The strategy signals a more involved approach by the government, which previously relied heavily on the private sector for leadership. The government's stated commitment to a 'whole of society' approach sounds really good on paper, but what exactly does it really mean? more

New German Legislation Provides Copyright-Related Internet Platform Obligations

Recently, there has been an interesting development in the liability of Internet intermediaries in Germany, and I will comment here in this text. The "Act on Copyright Liability Online Content Sharing Service Providers" began to apply on August 1, 2021 in the country. This act is a German attempt to deal with the controversy generated by the approval in 2019 of the new European directive on copyright, specifically with article 17. more

Internet Society Seeks Nominations for 2022 Board of Trustees

Are 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. Our work aligns with our goals for the Internet to be open, globally connected, secure, and trustworthy. more

Eight-Year Legal Battle Recap: DCA Blocked From Being Heard on Its Merit

It has been a while, nearly eight years since we have been in touch. I thought I would post an update to the DCA vs ICANN case, to the interested party of the global internet, towards the eight-year legal battle DCA had with ICANN. I believe there would be useful lessons learned that would shed some light on ICANN's activities in the Internet community. For those not aware, the DCA vs. ICANN case involved many twists and turns, spanning nearly a decade of DCA's efforts to hold ICANN accountable for the harm it caused to DCA over the delegation rights of the .Africa new gTLD Registry. more

Another Year, Another ICANN NomCom

Another challenging year due to the Corona pandemic is coming to a close, and ICANN has held another virtual annual general meeting (AGM) -- the 6th in a row. Unlike last year, today, we can hope for a better next year. In many regions of the world, the figures look better, and the opening is progressing. That at least gives us hope that ICANN will hold face-to-face meetings again next year -- at least they are planning it so. That should also make it easier for the new Nominating Committee (NomCom). more

Regulating Magic: Why We Need to Establish a Regulatory Framework for Quantum Computing and Artificial Intelligence

The promises of quantum computing, artificial intelligence, and other advancing technologies sound like magic. However, even magic is subject to the laws of economics. And even quantum computers are “legal things…technological tools that are bound to affect our lives in a tangible manner,” as Valentin Jeutner explains in The Quantum Imperative: Addressing the Legal Dimension of Quantum Computers. Analogous to Asimov’s Three Laws of Robotics, Professor Jeutner proposes a three-part “quantum imperative,” which “provides that regulators and developers must ensure that the development of quantum computers. more

ICANN Is Violating Its Legal Agreements with the U.S. Government – Who’s Next?

In April, I published an article, The Multistakeholder Moment of Truth: Will Stakeholders Hold ICANN Accountable?, alerting stakeholders that ICANN is violating its legal agreements with the U.S. Government -- namely the InterNIC licensing agreement and merged Memorandum of Understanding. At that time, I warned that it is essential for stakeholders not to remain silent in the face of this transgression, "hoping that such behavior left unchecked will end of its own accord." more

Multi-Stakeholder Internet Governance Is Captured and Presumed Dead

Technical management of the Internet was delegated to ICANN by the U.S. government because it was believed that the private sector would be more agile and responsive to the needs of globally distributed stakeholders. However, this optimism and the faith it has produced has proven to be misplaced since ICANN's multi-stakeholder governance continues falling far short of the basic expectations set when it was created. more

Let’s Not Forget the Lobbyists

Common Cause recently released a report, Broadband Gatekeepers, that describes the influence that lobbyists have on broadband policies. The numbers are staggering -- the ISP industry spent $234 million lobbying the 116th Congress (2019 and 2020). That number is likely understated since the rules on reporting lobbying are lax, and enforcement is almost nonexistent. That number doesn't include the huge amounts of lobbying efforts at State legislatures. more

Let’s Get the Politics Out of Infrastructure

I believe the infrastructure of our country, states, and counties is critically important to our future. If we can get focused on infrastructure and global warming, the future for our kids and grandkids will be bright. All it takes is vision, leadership, and investment. Unfortunately, the issues have become politicized. In the case of infrastructure, the politicians have a tough time just defining what infrastructure is. more

It’s Time to Change the US’ Cuba-Internet Strategy

In a post last week, I advised Cuban President Díaz-Canel that investment in fixed broadband Internet would benefit both the Cuban people and his regime. This week, I've got advice for US President Biden -- don't try to out-pander the Republicans and call President Díaz-Canel's bluff by offering support for fixed broadband. What won't work... more