Earlier this year, I wrote glowingly about the new CIRA whois policy, which took effect today and which I described as striking the right balance between access and privacy. The policy was to have provided new privacy protection to individual registrants -- hundreds of thousands of Canadians -- by removing the public disclosure of their personal contact information... Apparently I spoke too soon. more»
My weekly technology law column focuses this week on the new CIRA whois policy that is scheduled to take effect on June 10, 2008. The whois issue has attracted little public attention, yet it has been the subject of heated debate within the domain name community for many years. It revolves around the whois database, a publicly accessible, searchable list of domain name registrant information (as in "who is" the registrant of a particular domain name). more»
Bell filed its response to the Canadian Association Of Internet Providers (CAIP) submission to the Canadian Radio-television and Telecommunications Commission (CRTC) on its throttling practices yesterday, unsurprisingly arguing that its actions are justified and that there is no need to deal with the issue on an emergency basis. Several points stand out from the submission including its non-response to the privacy concerns with deep-packet inspection... and its inference that P2P usage could be deemed using a connection as a "server" and therefore outside the boundaries of "fair and proportionate use" under typical ISP terms of use. more»
My weekly technology law column focuses on the growth of Internet censorship and the accompanying pressure on the business community to do something about it... China's censorship system may be the most extensive, but it is not alone. The University of Toronto's OpenNet Initiative, a world leader in tracking state-sponsored Internet censorship, recently co-published Access Denied, a book that highlights its pervasive growth. The book notes that some countries control all public Internet services, thereby creating an easy pipeline to implementing filtering technologies. Countries such as Syria have sought to chill access to the Internet by requiring cybercafe owners to record the names and identification cards of clients... more»
When Rogers Communications began promoting its Rogers@Home high-speed Internet service nearly a decade ago, the company branded it "the Internet on Cable." Years later, their service, as well as those of their competitors, is gradually morphing into "the Internet as Cable" as broadcasters, Internet service providers, and cultural groups steadily move toward the delivery of content online that bears a striking resemblance to the conventional cable model. more»
The Globe and Mail published an embarrassing feature story on the weekend focusing on terror groups' use of the Internet and a "Canadian connection." A story on terror group use of the Internet would have made for an interesting (albeit unoriginal) story, so it appears that the Globe tried to generate greater interest in the story by adding a Canadian connection. The article begins with "Welcome to Yarmouth, Nova Scotia - pivotal battleground in the global jihad."... more»
The Associated Press reports this week on ICANN developments involving the Whois reform. The Whois database, which displays domain name registrant information including names, addresses, phone numbers, postal and email addresses, has been the subject of years of debate within ICANN as many in the Internet community have expressed concerns about the mandatory disclosure of such personal information. The Generic Names Supporting Organization (GNSO) has successfully pushed for reform, though it is uncertain how the ICANN board will respond. more»
Late last month, ICANN took a major step toward addressing some ongoing concerns by signing a new agreement with the U.S. government entitled the Joint Project Agreement (JPA) heralded as a "dramatic step forward" for full management of the Internet's domain name system through a "multi-stakeholder model of consultation." ...While the Joint Project Agreement may indeed represent an important change, a closer examination of its terms suggest that there may be a hidden price tag behind ICANN newfound path toward independence -- the privacy of domain name registrants. more»
Readers of my blog may recall that the Canadian Internet Registration Authority wrote a public letter earlier this year to ICANN that expressed concern over the current lack of accountability (note that I am on the CIRA board). The letter indicated that CIRA was withholding payment of any voluntary fees to ICANN until the accountability concerns were addressed. This week CIRA followed up with a second public letter to ICANN... more»
The Telecommunications Policy Review Panel report [Canada] was released yesterday and while the immediate reaction will no doubt focus on the recommendations for a market-oriented approach with significant changes to the CRTC, I would call attention to three other recommendations gleaned from reading the executive summary (the full document is nearly 400 pages). more»
If you have been following the debate over Internet governance over the past few years, you know that while ICANN supporters (U.S., Canadian, Australian governments; business lobby) and critics (developing world and occasionally Europe) argue over the optimal approach, particularly with respect to government involvement in the domain name system, the reality has been that possession is all. ...The alternate root has always lurked in the background as a possibility that would force everyone to rethink their positions since it would enable a single country (or group of countries) to effectively pack up their bags and start a new game. ...It is with that background in mind that people need to think about a press release issued yesterday in China announcing a revamping of its Internet domain name system. Starting tomorrow, China's Ministry of Information Industry plans to begin offering four country-code domains. more»
My weekly Law Bytes column (Toronto Star version, freely available version) examines the growing trend toward a two-tiered Internet, which upends the longstanding principle of network neutrality under which ISPs treat all data equally. I argue that the network neutrality principle has served ISPs, Internet companies, and Internet users well. It has enabled ISPs to plausibly argue that they function much like common carriers and that they should therefore be exempt from liability for the content that passes through their systems. ...Notwithstanding its benefits, in recent months ISPs have begun to chip away at the principle. more»
There is considerable coverage this morning (or this evening in Tunis) on the last minute WSIS deal struck yesterday. The gist of the coverage rightly reports that the U.S. emerged with the compromise they were looking for as the delegates agreed to retain ICANN and the ultimate U.S. control that comes with it (note that there is a lot in the WSIS statement that may ultimately prove important but that is outside the Internet governance issue including the attention paid to cybercrime, spam, data protection, and e-commerce). This outcome begs the questions -- what happened? And, given the obvious global split leading up to Tunis, what changed to facilitate this deal? more»
Having just arrived in Tunis for the WSIS, my weekly Law Bytes column (Toronto Star version, freely available version) focuses on the Internet governance issues that are likely to dominate discussions all week. I argue that claims about a "digital Munich" and a U.N. takeover are not helpful to arriving at an appropriate solution (though based on discussions this morning it does not appear that things are moving very far away from such claims). more»
The Working Group of Internet Governance has released its final report [PDF]. As I wrote this week in my Law Bytes column, the report comes on the heels of the U.S. statement that it has no intention of surrendering control of root zone file. The WGIG report developed a working definition of Internet governance that states: "Internet governance is the development and application by Governments, the private sector and civil society, in their respective roles, of shared principles, norms, rules, decision-making procedures, and programmes that shape the evolution and use of the Internet."... more»
My weekly Law Bytes column (freely available hyperlinked version, Toronto Star version) focuses on the recent Canadian parliamentary discussion on domain name disputes. As discussed about ten days ago, the impetus for governmental interest in domain name disputes and Internet governance is the registration of several domain names bearing the names of sitting Members of Parliament by the Defend Marriage Coalition, an opponent of same-sex marriage legislation. The resulting websites, which include donboudria.ca and davidmcguinty.ca, include MP contact information, photos, and advocacy materials. more»
The American Bar Association/International Chamber of Commerce (ABA/ICC) recently released a survey on global Internet jurisdiction. The survey, co-chaired by Professor Michael Geist, involved nearly 300 companies in 45 different countries. It found that U.S. companies were far more concerned and pessimistic about Internet jurisdiction risk than European and Asian companies. The study has also found that an "Internet jurisdiction risk toolkit" is emerging where companies target low risk jurisdictions and take steps to avoid doing business in perceived high risk jurisdictions. more»
While this may be better suited as a comment to the CENTR posting, I thought that its length might warrant a separate submission. Many thanks to CircleID for hosting this interesting discussion. Below is the full text of a comment I forwarded to CENTR earlier today in reply to its commentary on my recent study on national governments and ccTLDs. ...I should also preface my remarks by noting that I speak for myself -- not the ITU (see below), nor CIRA, (a CENTR member ) on which I serve on the board of directors, nor the Public Interest Registry, which manages the dot-org domain and on which I serve on the Global Advisory Council. more»
