Policy & Regulation

Issues such as jurisdiction and sovereignty have quickly come to the fore in the era of the Internet. The Internet does not tend to make geographical and jurisdictional boundaries clear, but Internet users remain in physical jurisdictions and are subject to laws independent of their presence on the Internet. As such, a single transaction may involve the laws of at least three jurisdictions: 1) the laws of the state/nation in which the user resides, 2) the laws of the state/nation that apply where the server hosting the transaction is located, and 3) the laws of the state/nation which apply to the person or business with whom the transaction takes place. So a user in one of the United States conducting a transaction with another user in Britain through a server in Canada could theoretically be subject to the laws of all three countries as they relate to the transaction at hand. Read the full background at Policy & Regulation Wikipedia

Policy & Regulation / Most Commented

Introductory Remarks from Innovation '08

Here's my opening remarks from Media Access Project's Innovation '08 in Santa Clara this morning. A DVD will be available shortly. This was a lively discussion, with Google and Vuze on the case. Good morning and welcome. My name is Richard Bennett and I'm a network engineer. I've built networking products for 30 years and contributed to a dozen networking standards, including Ethernet and Wi-Fi... I'm opposed to net neutrality regulations because they foreclose some engineering options that we're going to need for the Internet to become the one true general-purpose network that links all of us to each other, connects all our devices to all our information, and makes the world a better place. Let me explain. more»

Domain Front Running by Registrars Continues to Draw Attention

In response to accusations lodged yesterday in a post on the DomainState forum, NSI has issued a statement which essentially admits that it engages in a form of domain front running. No one has challenged domain Front Running by registrars in the courts, likely because the practice is new and since the loss of a single domain would not typically generate a level of damages to support litigation. But litigation over this arguably fraudulent domain practice by registrars is both viable and likely inevitable... more»

Shambles at the .Pro Registry

Registration of .Pro domains has descended into shambles as the Registry responsible for their administration has allowed a flood of domain registrations which appear to be in breach of the strict rules restricting who can register a .pro domain and the certified credentials required before any such domain can work. more»

Comcast is Right, the FCC is Wrong

A fellow named Paul Korzeniowski has written a very good, concise piece on the Comcast action at the FCC for Forbes, Feds And Internet Service Providers Don't Mix. He manages to describe the controversy in clear and unemotional language, which contrasts sharply with the neutralists who constantly use emotionally-charged terms such as "blocking," "Deep Packet Inspection," "forgery," and "monopoly" to describe their discomfort. more»

Hunting Unicorns: Myths and Realities of the Net Neutrality Debate

In many ways, the emotionally charged debate on Network Neutrality (NN) has been a lot like hunting Unicorns. While hunting the mythical horse could be filled with adrenalin, emotion, and likely be quite entertaining, the prize would ultimately prove to be elusive. As a myth, entertaining; but when myths become reality, then all bets are off. The Network Neutrality public and private debate has been filled with more emotion than rational discussion, and in its wake a number of myths have become accepted as reality. Unfortunately, public policy, consumer broadband services, and service provider business survival hang in the balance. more»

IPv6: Extinction, Evolution or Revolution?

For some years now the general uptake of IPv6 has appeared to be "just around the corner". Yet the Internet industry has so far failed to pick up and run with this message, and it continues to be strongly reluctant to make any substantial widespread commitment to deploy IPv6. Some carriers are now making some initial moves in terms of migrating their internet infrastructure over to a dual protocol network, but for many others it's a case of still watching and waiting for what they think is the optimum time to make a move. So when should we be deploying IPv6 services? At what point will the business case for IPv6 have a positive bottom line? It's a tough question to answer, and while advice of "sometime, probably sooner than later" is certainly not wrong, it's also entirely unhelpful as well! more»

Sender Address Verification: Solving the Spam Crisis

There are many companies in the spam-fighting business and most, if not all, claim to be hugely successful. Yet spam is exponentially more prevalent today than it was just 2 years ago. How can one conclude that today's anti spam solutions are working? This year spammers will use machine-generated programs to send trillions of unsolicited email. Thankfully, a new anti-spam technology has made its way into the market. more»

In Praise of Relatively Dumb Pipes

Comcast's furtive and undisclosed traffic manipulation reminds me of a curious, red herring asserted by some incumbent carriers and their sponsored researchers: that without complete freedom to vertically and horizontally integrate the carriers would lose synergies, efficiencies and be relegated to operating "dumb pipes."... Constructing and operating the pipes instead of creating the stuff that traverses them gets a bad rap. It may not be sexy, but it probably has less risk. But of course with less risk comes less reward, and suddenly no one in the telecommunications business is content with that. So incumbent carriers assert that convergence and competitive necessity requires them to add "value" to the pipes. more»

More on WHOIS Privacy

Last week I wrote a note the ICANN WHOIS privacy battle, and why nothing's likely to change any time soon. Like many of my articles, it is mirrored at CircleID, where some of the commenters missed the point. One person noted that info about car registrations, to which I roughly likened WHOIS, are usually available only to law enforcement, and that corporations can often be registered in the name of a proxy, so why can't WHOIS do the same thing? more»

Riding on Expiring Domains: Are Registrars Abusing Owners' Rights?

The ICANN regulations for domain name registrars dictate a requirement for deletion and auto-renewal policies. However, if you've had a domain expire lately you may have noticed that your registrar has taken over your domain name's DNS and redirected YOUR domain to THEIR website. This is because of a clause in their Service Agreement that says you give them permission to do this. This permission statement is usually buried so you won't find the clause or the opt-out provisions that are provided. more»

Vint Cerf Caught Off Guard, Nevertheless Says What Needs to Be Said About Our Misguided Policy

This morning's mail brought news of a 3 minute 45 second video clip of very candid and very outstanding remarks from Vint Cerf. Vint says very clearly what needs to be said and what needs to be grasped and acted on by the new president and congress next year... My observation is that in my opinion it is not the lighting that is unusual but rather the camera angle. It looks like interviewer is seated with his camera pointed up. The camera is looking at Vint's chin. Consequently I sent Vint an email: "you knew you were being recorded - surely? I hope: in any case the good deed is done... thank you sir." Vint replied with permission to quote... more»

Cluck, Cluck… ICANN and Contract Compliance Enforcement

I've always been a fan of co-ops. In New York, we shop at greenstar.coop and my wife banks at alternatives.coop, in the UK we shop at co-operative.coop. So when the .COOP domain opened, I wondered if I could get my own clever domain name, but found that chicken.coop was taken by a small producer co-op in the southern U.S. Drat. more»

New York Passing New Domain Name Law

In a move that flies in the face of established international guidelines, the New York Senate is pushing through a bill that would forbid registering the name of a living person with the purpose of selling the domain to that person. The New York Senate's bill is called "domain names cyber piracy protections act" and is championed by State Senator Betty Little (S2306). Generally speaking, registering a person's name solely to sell the domain to that person is a losing cause in UDRP arbitrations. But the New York bill is scary for a few reasons... more»

Could IP Addressing Benefit from the Introduction of Competitive Suppliers?

An article written by Paul Wilson, Director General of Asia Pacific Network Information Centre (APNIC), and Geoff Huston, Senior Internet Research Scientist at APNIC. "In recent months proposals have been made for the introduction of competition into the system of allocation of IP addresses. In particular, calls have been made for new IP address registries to be established which would compete with the existing Regional Internet address Registries (RIRs). Specific proposals have been made by Houlin Zhao of the ITU-T and by Milton Mueller of the Internet Governance Project, both of which propose that the ITU itself could establish such a registry group, operating as a collection of national registries." ...It would appear that part of the rationale for these proposals lies in the expectation that the introduction of competition would naturally lead to outcomes of "better" or "more efficient" services the address distribution function. This article is a commentary on this expectation, looking at the relationship between a competitive supply framework and the role of address distribution, and offering some perspective on the potential outcomes that may be associated with such a scenario for IP addresses, or indeed for network addresses in general. more»

FCC's Comcast Ruling Inconsistent and Incoherent

After voting on the Comcast order today, Kevin Martin and his Democratic Party colleagues issued press releases telling us how they saved the Internet from Comcast's discriminatory practices, but they've failed to release the actual order they adopted and subsequently re-wrote. Commissioner McDowell wasn't allowed to see the revised order until 7:00 PM the night before the meeting. Rumor has it that high-level spin doctors are still trying to remove all the rough edges, inconsistencies, and factual errors. more»

Industry Updates

The Internet as a Democratic Utility

In the wake of our recent news that .ORG has officially registered 7 million domains, some comments made to CNN by Craigslist founder Craig Newmark this week really resonated with me. The article, entitled "Internet Can Strengthen Democracy" discusses many of the same issues we have found to be the driving forces behind .ORG's consistent year-over-year growth -- community building, interaction, and inclusivity. ›››

.ORG & NCUC Joint Letter to ICANN on Internationalized Domain Names

Recently we teamed up with the Non-Commercial Users Constituency (NCUC) to express our concern to ICANN that the rights and needs of end-users are taken into account in the discussion of Internationalized Domain Names (IDN). ›››