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 Viewed

Trench Warfare in the Age of The Laser-Guided Missile

The historical development of spam fighting is allowing computer-aware criminals to take the upper hand in the fight against what has now evolved into a completely technologically and organizationally merged threat to public safety. If we do not change our strategic approach immediately, the battle, indeed even the war may be all but lost... Of late, much has been said in the popular and computer press about a vector that is annoying, but hardly critical in nature: 'Image spam'. Spammers have jumped on the new technology of 'image-only' payloads, which morph one pixel per message, rendering them unique, and traditional check-sum blocking strategies ineffective... Fortunately this fraudulent stock-touting scheme leaves a paper trail that has allowed for some successful prosecutions in the latter half of the year. Stock spamming, while popular at present time is likely to decline as legal actions increase... 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»

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»

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»

Network Neutrality

In January of this year, a frontpage article on WSJ quoted Verizon Chief Executive Ivan Seidenberg "We have to make sure they (Google) don't sit on our network and chew up our capacity". Both AT&T and Bellsouth also made similar statements in the same article. A few days ago, Verizon repeat their call to "End Google's Free Lunch": "A Verizon Communications Inc. executive yesterday accused Google Inc. of freeloading for gaining access to people's homes using a network of lines and cables the phone company spent billions of dollars to build." ...it is no surprise that Network Neutrality, a concept where broadband providers are not to discriminate rivals when they charge tolls or prioritize traffic, is now on the agenda of the US Congress. more»

The Beginning of the End of the Internet?

Discrimination, Closed Networks and the Future of Cyberspace... Just over a month ago, Karl Auerbach asked, "Is the Internet Dying?". Today, Commissioner Michael J. Copps, of the Federal Communications Commission (FCC) in a speech at the New America Foundation, is asking the very same question, "Is The Internet As We Know It Dying?" and warning about FCC policies that damaged media now threatening the Internet. 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»

Twenty Myths and Truths About IPv6 and the US IPv6 Transition

After hearing over 350 presentations on IPv6 from IPv6-related events in the US (seven of them), China, Spain, Japan, and Australia, and having had over 3,000 discussions about IPv6 with over a thousand well-informed people in the IPv6 community, I have come to the conclusion that all parties, particularly the press, have done a terrible job of informing people about the bigger picture of IPv6, over the last decade, and that we need to achieve a new consensus that doesn't include so much common wisdom that is simply mythical. There are many others in a position to do this exercise better than I can, and I invite them to make a better list than mine, which follows. more»

ICANN, WSIS and the Making of a Global Civil Society - Part III

For a book project I decided to extend my interview with Milton Mueller from November 2003 (Part I | Part II). Exclusively for CircleID readers, here's part III that deals with WSIS, WGIG, US-American bias and the Internet Governance Project. "...One good result of the WGIG process is that the involved international community has already moved beyond those cliches. No one is proposing that the UN control the Internet. There is growing consensus that control of the DNS root needs to be internationalized..." more»

It's About Connectivity Not The Internet!

I've been trying to avoid writing about the Internet as such. With as "At the Edge" I'm looking at larger issues but can't escape writing more directly about the Internet. It seems as if everyone wants a say in Internet policy without distinguishing between technical and social issues. Today the term "The Internet" or, for many simply "Internet" is more of brand than a term for a specific technology and its implications. It has become too easy to talk about the Internet in lieu of understanding. We also see the converse -- a failure to recognize "Internet" issues. more»

Live Nude Domain Names

ICANN announced recently that it has begun negotiations with an applicant for another 'sponsored' (non-open) top level domain, .XXX. There has been a fair amount of coverage, for and against. My initial reaction is (with the proviso that the public information to assess these things is always insufficient): .XXX seems plausible for what it is but it isn't what many probably think it is. ...that's the key to understanding this. This TLD is intended to be a trade association and is not a form of regulation. more»

Domain Name Theft, Fraud And Regulations

When it comes to domain name disputes, no domain name has captured more media attention than sex.com. Of course, disputes about sex often obtain a great deal of attention, and the sex.com domain name dispute can grab its share of headlines because the case involves sex, theft, declared bankruptcy, a once-thriving Internet porn business, and fraud, instead of the typical cybersquatting allegations. Indeed, this case is remarkable for its potential impact on the development of caselaw concerning whether there is a valid basis to assume that trademark interests should overwhelm all non-commercial interests in the use of domain names. The answer is no, but the caselaw to support that answer is in tension with cases that strongly imply a contrary conclusion. more»

Why Do We Care About Names and Numbers?

An article based on the most recent study for the European Commission on the Policy Implications of Convergence in the Field of Naming, Numbering and Addressing written by Joe McNamee and Tiina Satuli of Political Intelligence.

"With relation to the Internet and also IP addresses, the "scarcity" is more complicated: there are not only intellectual property issues with regards to domain names, but there is also an issue of managing the integrity of the system. For any naming or numbering system to work, it is essential that the names and addresses used cannot be confused with any other -- in other words, no one system can have two end-points with the same fully qualified number or name..." more»

DNS WHOIS: Barking Up the Wrong Tree

As the Internet has grown and matured, it has become obvious to everyone involved that the DNS Whois system, as it currently exists, is not a sustainable way to share contact information for resolving network problems. ICANN, in an attempt to save DNS Whois, has plunged head long into the process of developing new policies aimed at fixing it. While I respect all of the hard work that has gone into this process, the results thus far have only made it clearer that this system faces intractable problems. more»

The Villain in the ICANN-VeriSign Struggle is the U.S. Government

ICANN Board Chair Vint Cerf now works for a company whose motto is, "Do No Evil." So how could Vint and his fellow board members be engaged in a massive capitulation to the enterprise greed of dot-com operator VeriSign? The story of how the Internet community got to its current impasse over the future of the ICANN-VeriSign relationship is overly complicated but the bottom line is that we are suffering from woes created by the U.S. Government with the best of intentions over the past fifteen years. And only the government has the capacity to stop equivocating and do the right thing for all of us. The road to hell is paved with good intentions... 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). ›››