When I was on the ICANN board, we were dealing with the issue of Internationalized Domain Names (IDNs), an initiative to allow non-latin characters in domain names. Technically, it was difficult and even more difficult was the consensus process to decide exactly how to do it. Many communities like the Chinese and Arabic regions were anxious to get started and were getting very frustrated with the ICANN process around IDNs. ... When I joined the Open Source Initiative board of directors, we were also struggling with a similar, but slightly different problem. more
We've talked about the conflicts between our ICANN contract and privacy law in the past. Not once, not twice, but multiple times. We refused to sign the 2013 Registrar Accreditation Agreement (RAA) with ICANN until we'd received a data retention waiver. That decision probably cost us money, but if we have to choose between operating legally or illegally our path is clear. more
I read with interest that ICANN opened up yet another comment period on new TLDs. I believe that I speak for many when I question whether ICANN is opening up these comment periods in good faith, or instead whether these are smokescreens, mere distractions to pretend that ICANN is "listening" to the public while staff and insiders proceed with predetermined outcomes. more
Yesterday, as many of you heard, the European Parliament voted to reject the 'net neutrality' fundamentalist amendments to the already flawed proposals they had helped to create. That's the good news. The bad news is that the law that we now have is merely ludicrous, rather than insane. Furthermore, it doesn't properly protect end users, hold ISP feet to the service delivery fire, or truly encourage broadband ecosystem innovation. more
As part of a larger effort to make the internet more private, the IETF defined two protocols to encrypt DNS queries between clients (stub resolvers) and resolvers: DNS over TLS in RFC 7858 (DoT) and DNS over HTTPS in RFC 8484 (DoH). As with all new internet protocols, DoT and DoH will continue to evolve as deployment experience is gained, and they're applied to more use cases. more
Bowing to unprecedented community pressure in the form of a unanimous letter questioning its staff-developed Accountability Process, as well as a reconsideration request filed with the Board, on September 5th ICANN issued a notice titled "Public Comment Invited: Enhancing ICANN Accountability Process". The notice opens a 21-day public comment period on that staff proposal. However, ICANN staff apparently cannot resist asserting some form of top-down control even what that very conduct is at issue, and the notice and accompanying explanation contain attempts to restrict and unduly channel the scope of community comment. more
What does authorized access mean? If an employee with authorized access to a computer system goes into that system, downloads company secrets, and hands that information over to the company's competitor, did that alleged misappropriation of company information constitute unauthorized access? This is no small question. If the access is unauthorized, the employee potentially violated the Computer Fraud and Abuse Act (CFAA) (the CFAA contains both criminal and civil causes of action). But courts get uncomfortable here. more
That is what happens when you base your telecommunications policies on the wrong foundations. The problems with the telecommunications industry in America go back to 1996 when the FCC decided that broadband in America should be classified as internet (being content) and that therefore it would not fall under the normal telecommunication regulations. Suddenly what are known as telecommunications common carriers in other parts of the world became ISPs in the USA. How odd is that? more
The current internet versus telcos debate that is going to be played out at the WCIT conference in Dubai later this year is still following the old confrontational pattern. The telco industry, for all the right reasons, started off as a monopolistic one. With the limited technology and knowledge of that time this system has been able to deliver telephone networks to all the countries in the world, and the industry can be proud of that achievement... However technology and knowledge have progressed... more
We all may have breathed a sigh of relief when the ICANN Governmental Advisory Committee (GAC) and the Board concluded their eleventh-hour negotiations on new generic Top-Level Domains (gTLDs) with some measure of success, but we can all agree that panicked policymaking is, at best, less than optimal. ICANN needs to integrate GAC input more effectively. The Final Report recently issued by the Joint Working Group (JWG) of the ICANN Board and the GAC contains several thoughtful and productive recommendations. more
Admittedly, I'm a not Johnny-come-lately with regards to surveillance, intelligence, telecommunications, network security, law enforcement, and a cross-pollination of all-of-the-above. I actually have a very colorful background of working within all of the aforementioned disciplines - at one time or another - either through the U.S. Military, U.S Government contractors, private industry, etc. ... And unfortunately, I am not generally "shocked" very often by much of the abuses being perpetrated on unwitting Internet users, both by supposedly "trusted" entities (e.g. Democratic Governments, ISPs, etc.) more
New Jersey on Monday became the latest state to implement its own net neutrality rules following the FCC's Repeal. more
While it was good to see that the Administration included telecoms in its new stimulus package - which was launched in September 2011 - the concerns expressed when the project was announced last year still persist. Wireless is not a solution to the significant broadband problems the USA is facing. ... The new plan seems to be driven more by the failed attempts in previous initiatives to roll out more broadband infrastructure. more
Several people abroad have started mailing me and others asking if rumors of new legislation to be passed in Sweden on the 17th of June is for real. There are also reports in international forums starting to pop up. This is fairly old news, and I think that most of us are surprised that this has not generated more press both inside and outside Sweden earlier. This legislation will allow for the Swedish National Defense Radio Agency (FRA) to wiretap Internet traffic leaving the country... more
Speaking at The Times Tech Summit in London, Ciaran Martin, chief of the National Cyber Security Centre (NCSC), warned Russia is seeking to undermine the international system. more