Digital Geneva Convention: Multilateral Treaty, Multistakeholder Implementation

Microsoft's call for a Digital Geneva Convention, outlined in Smith's blog post, has attracted the attention of the digital policy community. Only two years ago, it would have been unthinkable for an Internet company to invite governments to adopt a digital convention. Microsoft has crossed this Rubicon in global digital politics by proposing a Digital Geneva Convention which should 'commit governments to avoiding cyber-attacks that target the private sector or critical infrastructure or the use of hacking to steal intellectual property'. more

Three Layers of China’s International Strategy on Cyberspace

China's newly released International Strategy on Cyberspace is marked by three distinctive layers with different degree of priority: (1) sovereignty (or cybersecurity, or UN Charter), (2) globalization (or digital economy, or WTO rules), and (3) fundamental freedoms (or human rights, or UDHR). The good point of the strategy is that it tries to make the three layers peacefully co-exist in one document. The failure, however, lies in the intentional ranking of relevance/importance of the three layers... more

ICANN Drifting Toward Online Content Regulation, Says Law Professor

In a paper for the Washington & Lee Law Review, University of Idaho College of Law Professor Annemarie Bridy, depicts ICANN's ambivalent drift into online content regulation through its contractual facilitation of a "trusted notifier" copyright enforcement program between the Motion Picture Association of America (MPAA) and two registry operators for new gTLDs, Seattle-based Donuts and Abu Dhabi-based Radix. more

Ask Not What ICANN Can Do for You, But What You Can Do for ICANN

In recent weeks, you may have seen several articles asking that "ICANN", the Internet Corporation for Assigned Names and Numbers, move more expeditiously to open up the next application window for new gTLDs. As one commenter wrote "Ask a Board member or ICANN staff when they expect the next application window to open, and they will inevitably suggest 2020 -- another three years away. more

5G (and Telecom) vs. The Internet

5G sounds like the successor to 4G cellular telephony, and indeed that is the intent. While the progression from 2G to 3G, to 4G and now 5G seems simple, the story is more nuanced. At CES last month I had a chance to learn more about 5G (not to be confused with the 5Ghz WiFi) as well as another standard, ATSC 3.0 which is supposed to be the next standard for broadcast TV. more

When Two Trademarks Aren’t Confusingly Similar to One Trademark

As I've written before, domain name disputes involving multiple trademarks sometimes raise interesting issues, including whether a panel can order a domain name transferred to one entity without consent of the other. While panels typically have found ways to resolve this issue, one particularly troubling fact pattern arises when a panel denies a complaint simply because a disputed domain name contains trademarks owned by two different entities. more

Let’s Face Facts: We Need a New Industrial Internet

The Internet is a great success and an abject failure. We need a new and better one. Let me explain why. We are about to enter an era when online services are about to become embedded into pretty much every activity in life. We will become extremely dependent on the safe and secure functioning of the underlying infrastructure. Whole new industries are waiting to be born as intelligent machines, widespread robotics, and miniaturized sensors are everywhere. more

CFR Report: Reversing IANA Transition by Trump Administration Would Be a Grave Mistake

Council on Foreign Relations has released a brief today authored by Megan Stifel, former director for international cyber policy at the U.S. National Security Council in the Obama administration, urging Trump administration to not back away from the IANA transition and to instead invest in the multistakeholder process. more

Thoughts on the Proposed Copyright Alternative Dispute Resolution Policy

A proposal from the Domain Name Association (DNA) would provide copyright owners with a new tool to fight online infringement -- but the idea is, like other efforts to protect intellectual property rights on the Internet, proving controversial. The proposed Copyright Alternative Dispute Resolution Policy is one of four parts of the DNA's "Healthy Domains Initiative" (HDI). more

Commercial Incentives Behind IPv6 Deployment

The Best Practice Forum (BPF) on IPv6 at the Internet Governance Forum (IGF) explored what economic and commercial incentives drive providers, companies and organizations to deploy IPv6 on their networks and for their services. The BPF collected case studies, held open discussions online and at the 2016 IGF meeting, and produced a comprehensive output report. This article gives a high-level overview. more

We Urgently Need a New Internet

Let's be honest about it. Nobody -- including those very clever people that were present at its birth -- had the slightest idea what impact the internet would have in only a few decades after its invention. The internet has now penetrated every single element of our society and of our economy, and if we look at how complex, varied and historically different our societies are, it is no wonder that we are running into serious problems with the current version of our internet. more

A Q&A on Google’s New gTLD Solution, Nomulus

Nomulus is the code for the backend domain name registry solution offered by Google which requires the use of Google Cloud. This solution is the one used for all of Google's new gTLDs and the solution works. An announcement for this solution can look like a potentially "simple" solution for future .BRAND new gTLD applicants, but is it truly the case? more

Considering a Vulnerability Disclosure Program? Recent Push Raises Questions for General Counsel

Several years ago, vulnerability disclosure programs, also called "bug bounty" programs, were novel and eyed with suspicion. Given sensitivities and potential liabilities, companies are wary of public disclosure and hackers seeking to exploit research. When a hacker presented a flaw to a company, the company was more likely to be concerned about taking legal action than making a public announcement or offering a reward. That is changing. more

Mitigating DDoS

Your first line of defense to any DDoS, at least on the network side, should be to disperse the traffic across as many resources as you can. Basic math implies that if you have fifteen entry points, and each entry point is capable of supporting 10g of traffic, then you should be able to simply absorb a 100g DDoS attack while still leaving 50g of overhead for real traffic... Dispersing a DDoS in this way may impact performance -- but taking bandwidth and resources down is almost always the wrong way to react to a DDoS attack. But what if you cannot, for some reason, disperse the attack? more

Trump, Tides, and the US Tech Sector

When a tax is too high people avoid it, and when the political cost of supporting the US government becomes too high, foreign governments will avoid it too. Add to that cost America's new inclination to withdrawal, and consider the muddy tidal flat on which could soon list the hull of what used to be American technological primacy... When countries try to develop technology policies to compete with the United States, they often begin with rules over immigration. more