Policy & Regulation

Dial “L” for Liability - Sec. 230 Protects Online Service for Errant Phone Number

The Communications Decency Act has been described as the greatest Internet law. The first major Internet law designed to censor the Internet actually enabled the interactive Internet. While the censorship provisions of the Communications Decency Act went down in unanimous supreme court flames, a separate provision remains standing. The Good Samaritan provision of the CDA (47 U.S.C. § 230) declared that networks and online services are not publishers and therefore are not liable for the content of third parties. more

ICANN Should Clarify Position On Key Word New TLDs

Back in September a number of domain name industry leaders wrote to ICANN to express deep-felt concerns about some companies' declared plans for generic domain name extensions. We have sent ICANN another letter this week which is also planned to be distributed in a press release included here in this post. more

A Serious Bug in the Similarity Check

A week ago, ICANN announced the latest delay in the New gTLD Program: the so-called "contention sets" will only be published March 1, 2013. The original deadline was July 2012, postponed serially in two-month intervals. The gTLD program is lost in confusing similarity. What went wrong? In order to determine which TLD applications are in contention, it is necessary to say which TLD strings are confusingly similar to one another. more

France Proposes Internet Tax - An Old War resurfacing

France is proposing an Internet Tax which was reported in the New York Times. The proposal if it follows through will affect the landscape of internet governance in days ahead. The Actual Report was commissioned by President François Hollande, which described various measures his government was taking to address what the French see as tax avoidance by Internet companies like Google, Amazon and Facebook. more

Petition to Decrease US Government Funding to the ITU

I have a "We the People" petition up on the White House website to decrease the US government funding to the ITU from $11M/year to the minimum $22K/year and minimize the USG head-count at meetings, with all of the reclaimed resources going to support Internet governance and diplomacy supporting the multistakeholder Internet governance model. more

CircleID’s Top Ten Posts of 2012

Here are the top ten most popular news, blogs, and industry updates featured on CircleID during 2012 based on the overall readership of the posts for the past 12 months. Congratulations to all the participants whose posts reached top readership and best wishes to the entire community for 2013. more

Loopholes and Ambiguities in Contracts that ICANN Oversees

ICANN oversees the creation of many contracts. Its highest paid contractor has historically been the law firm of Jones Day, and of course ICANN has many lawyers on staff. In the past I've identified loopholes in proposed contracts, and those were corrected before they were exploited. However, are there other loopholes sitting in existing contracts waiting to be exploited, or ambiguities with major financial consequences depending on their interpretation? more

Internet Governance Outlook 2013: “Cold Internet War” or “Peaceful Internet Coexistence”?

Anyone who expected that with the end of the Dubai ITU World Conference on International Telecommunications (WCIT) in December 2012, the heated debate on the future regulation of the Internet will slow down should remember to fairytale of the battle of the knight with the seven-headed dragon. Hardly a head is cut off, another is growing. In 2013 the discussion on Internet freedom will likely gain in sharpness. more

Copyright Infringement and ccTLDs

.tk was once designated as the riskiest ccTLD. .ru is often said to be, after .com, the most used in the content of spam messages. But is there a ccTLD that is a favorite destination for copyright infringement? The question is worth asking in view of the growing trend for .com domain names seizures related to copyright infringement. more

Calling Stumps at WCIT: Win, Lose or Draw?

The problem with setting expectations is that when they are not fulfilled the fallout is generally considered to be a failure, and while everyone wants to claim parenthood of success, failure is an orphan. In that sense it looks like the WCIT meeting, and the International Telecommunications Regulations (ITRs) that were being revised at that conference this month are both looking a lot like orphans. There have been a number of reports of the outcome of the two week... Most of the blogs were quick to characterize the outcome as a loss for the dark forces that lurked somewhere in the closets of the ITU's headquarters in Geneva. But there is more to it than that. more