Internet Governance like all governance needs to be founded in guiding principles from which all policy making is derived. There are no better fundamental principles to guide our policy making than the Universal Declaration of Human Rights, (UDHR). This article is Part 3 of a series exploring the UDHR as a guide and template for the digital governance and digital citizenship. We discuss UDHR Articles 6 through 12 and address topics such as fundamental digital values, cyberlaw, policymaking and the role of tribunals in digital governance. more
I've said it before, and I'll say it again. The biggest threat to the Internet innovation ecosystem from network operators is not discrimination but terms of interconnection. Metered billing, bandwidth caps, and wholesale transit fees can all be implemented consistently with net neutrality rules. And in practice, net neutrality will be limited to "legal" content... more
Earlier this week, I came across a working paper from Professor Peter Swire - a highly respected attorney, professor, and policy expert. Swire's paper, entitled "Online Privacy and ISPs", argues that ISPs have limited capability to monitor users' online activity. The paper argues that ISPs have limited visibility into users' online activity for three reasons: (1) users are increasingly using many devices and connections, so any single ISP is the conduit of only a fraction of a typical user's activity; (2) end-to-end encryption is becoming more pervasive, which limits ISPs' ability to glean information about user activity; and (3) users are increasingly shifting to VPNs to send traffic. more
This last article on the four new gTLD objections will look at the Legal Rights Objection ("LRO"). While other articles in this series have touched on trademark concepts at certain points, issues from that area of the law predominate in LRO. Here we review the pertinent LRO-related trademark concepts, with which many readers likely will have some familiarity from working with domains and the UDRP. Still, the theme of the first three articles applies here: Potential objections are more involved and complicated than they may seem, and require careful thought if they are to be made. more
When it comes to accountability, ICANN would rather be compared to other U.S. nonprofit companies than to the regulatory bodies it more closely resembles. If they truly wish to be treated like a nonprofit, rather than a regulator, there is a very simple solution: make all contributions strictly voluntary. more
"ICANN holds .islam, .halal in limbo despite losing case," reports Kieren McCarthy in The Register. more
The COVID-19 pandemic has led to the rapid migration of the world's workforce and consumer services to virtual spaces, has amplified the Internet governance and policy issues including infrastructure, access, exponential instances of fraud and abuse, global cooperation and data privacy, to name but a few. The need for practical, scalable and efficient solutions has risen dramatically. more
I was part of a group of about 200 people who attended and update at the Internet Governance Forum in Bali on the Montevideo statement. I'd like to share a few of my observations, and offer some unsolicited advice. First, the de facto leader of the and champion of the multi-stakeholder model, the United States, has been sent to the penalty box in light of the NSA surveillance revelations. more
As per earlier reports, U.S. Federal Communications Commission Chairman Julius Genachowski proposed new rules today requiring Internet service providers to treat all Internet traffic equally and allow users to access their networks with any device. more
The European Commission has just published a communication which describes the broad lines of its Internet policy in the coming years. Vint Cerf, on the Google Public Policy blog sees this as a very interesting vision. Indeed, it closely links the issue of openness of the Internet to several obvious and not-so-obvious factors. more
Today FCC Chairman Genichowski announced that the FCC's Network Neutrality Proceeding is entering the rule-making stage. This is a historic milestone, worth celebrating, but the milestone is on a road with hairpin turns. If you look directly above us, you can see we're in almost exactly the same place we used to be when the pro-competition provisions of the 1996 Telecom Act were intact and the distinction between telecommunications service and information service was meaningful, but now we are a lot lower. more
Steeped deep in discussions around the European Union's General Data Protection Regulation (GDPR) for the past several months, it has occurred to me that I've been answering the same question for over a decade: "What happens if WHOIS data is not accessible?" One of the answers has been and remains the same: People will likely sue and serve a lot of subpoenas. This may seem extreme, and some will write this off as mere hyperbole, but the truth is that the need for WHOIS data to address domain name matters will not disappear. more
I don't want to get into the entire Irish Recorded Music Association (IRMA) vs Eircom and IRMA vs ISPs debacle. The only reason I'm even writing this is because I'm getting a bit tired of all the "quotes" of "quotes" and other unclear and misleading things that people have been saying about ISPs over the last few weeks. more
"We need to break down silos", is a phrase often heard in national and international meetings around cyber security and enforcing cyber crime. So it is no coincidence that at the upcoming NLIGF (Netherlands Internet Governance Forum), the IGF, but also an EU driven event like ICT 2013 have "Breaking down silos" and "Building bridges" on the agenda. But what does it mean? And how to do so? more
The natural disasters, climate change and widespread social and economic crises that are taking place in the world today show that the human race needs to become smarter. The urban revolution that succeeded the Neolithic agricultural revolution has allowed us to build new city-based civilisations that are conducive to innovation and information-gathering in all aspects of life and beyond. While amazing civilisations have come and gone over the last 10,000 years it is only since the 20th century that we have seen a real explosion in the urbanisation process, leading to a doubling of the global population. more
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