Policy & Regulation

Policy & Regulation / Recently Commented

Confessions of an Ex-Opponent of Whois Privacy

The following is the easyDNS response to ICANN's public comment period on GNSO Privacy & Proxy Services Accreditation Issues Working Group Initial Report. The public comment period is open until July 7, 2015. We strongly urge you to make your voice known by signing the petition over at Save Domain Privacy. I submit these comments as a CEO of an ICANN accredited registrar, a former director to CIRA and a lifelong anti spam contributor with an unblemished record of running a managed DNS provider that maintains zero tolerance for net abuse or cybercrime... more»

Three Things TLD Registries Must Know About China's Domain Name Regulation

Recently there have been a number of news reports/articles that are incorrect or misleading in interpreting China's domain name management policy. James has posted an article aiming to clarify what is going to in China's domain name market. Considering the potential negative impact of those reports on the participants of this market, I supplement James's post by pointing out three things, which I believe critical for any TLD registries that hope to have a better understand of China's domain name regulation and the special action based on it. more»

Managing (in)Security Through Regulation: A Key Phase for Nation States

Not so long ago, the notion of introducing laws and other regulatory responses to address cyber security issues was regarded with significant hesitation by governments and policy makers. To some extent, this hesitation may well have stemmed from a general perception by those who do not work directly in the field that the world of cyber security is somewhat of a 'dark art'. More recently, however, there has been a substantial shift in this attitude, with proposals to regulate a range of cyber security related matters becoming increasingly numerous. more»

Is Sharing the Answer to .BRAND Top Level Domain Disputes?

In opening up for the .BRAND top level domain, ICANN has artificially created a scarce resource of great commercial value. Indeed, the values of the .BRAND TLDs may be astronomical due to the investments made by the companies that own the trademarks represented in the .BRAND TLD. While the above is interesting in its own right, I will here focus specifically on how we deal with situations where more than one company has a legitimate trademark interest in a particular .BRAND TLD. more»

Law and Disorder: When .Brand Meets .Crime

Barclays Bank is a .brand pioneer, having recently announced plans to migrate its primary online presence to two new gTLDs it will operate on its own behalf. But Barclays Bank has also just plead guilty to a major financial services felony and been fined $2.4 billion for that criminal activity. While the new gTLD Registry Agreement is clear that a registry operator must remove any officer or director convicted of a felony, it is ambiguous in regard to whether the Agreement can be terminated when the operator itself has been found to have operated a criminal enterprise. more»

Parallels Between Our Oceans and Internet Governance #WorldOceanDay

Today is June 8th and World Ocean Day. As I ponder on the threats and challenges to the world's ocean with the enormous stresses such as overfishing, pollution, ocean acidification that threatens all global standards of living, I cannot help but think about the startling similarities that global internet governance faces with its respective stresses of increasing cyber security vulnerabilities, threats, breaches of trust, growing cyber crime, breaches of privacy and data protection, identity thefts, pedophilia and many other things that threaten global public interest and our safety within an internet ecosystem. more»

Should Barclays Lose the .Barclays Top-Level Domain?

According to Reuters, Barclays has plead guilty to trying to manipulate foreign exchange rates, and has agreed to pay substantial fines, along with other major banks. Barclays is also the operator of the .Barclays new top-level domain name. This is not a case where it's a single rogue employee or officer has been found guilty of a financial crime. Here, it is the entire bank (and registry operator) that has plead guilty. more»

What's Going on in China's Domain Name Industry?

Recently, there has been a lot of noise about China tightening control of the new top-level domains and how it could severely damper domain name registrations in China and one should make preparation for the worst. Initially, I tried to stay out of this as I know all the players behind this. But given that at least 3 people have emailed me asking what's going on, I decided to clear the air here. more»

Watch Live Thurs 28 May: The Way Forward for the WSIS+10 Review Process

Would you like to learn more about what the WSIS+10 Review process is all about? How can you participate in the process if you are not with a government? What is "WSIS" all about anyway -- and why should you care? Those questions and more will be part of a luncheon briefing on Thursday, May 28, 2015, from 13:15 - 14:45 Central European Time (UTC+2). more»

The Economics of Magic

Arthur C. Clarke said any sufficiently advanced technology is indistinguishable from magic. Milton Friedman said there's no such thing as a free lunch. The validity of the former statement does not invalidate the later. From this we can see that even magic has a price. Hence, its application is subject to cost-benefit analysis. There are many developing technologies that may eventually qualify as magic. more»

Curbing Cyber- and Typosquatting

We need a tax. You don't hear that too often. But right now a tax is the weapon needed by the domain name community. We face way too many cyber- and typosquatters. To drive them back, let's tax parked and unused domain names. Done right -- sized properly and phased in -- the tax will make it much harder for speculators to turn a profit while they keep domains sitting idle or parked. more»

In Congressional Hearing, Stakeholders Highlight ICANN's Failures and Need for Reform

Can we trust ICANN to conduct itself in a predictable, open, transparent, and accountable manner if it takes over governance of the Internet's domain name system from the U.S. government? That was the main question up for discussion Wednesday in the House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet, as lawmakers heard feedback from a diverse group of stakeholders about the National Telecommunications and Information Administration (NTIA) plan to relinquish its historical oversight of key technical Internet functions.  more»

$59M and Counting: ICANN Board Downgrades Community Say on Use of Last Resort Auction Proceeds

ICANN's new gTLD program provides for last resort auctions to settle contention sets where the competing applicants are unable to reach agreement by negotiation or private auction, with the proceeds going to a segregated ICANN account. With the recent $25 million bid of Google to secure control of the .App registry the total proceeds of those ICANN auctions has swelled to $58.8 million. The final sum by the end of the first round could go higher, perhaps to more than $100 million. That's serious money. more»

An Open Internet Is Critical for UN Sustainable Development Goals

In 2015, a significant focus of the United Nations will center on the future of global development, including negotiating a set of Sustainable Development Goals (SDGs) aimed at guiding policy in achieving dignity, well-being, and equality for all the world's people -- especially the poor and underserved. The currently proposed SDGs consist of an ambitious set of 17 goals and 169 specific targets. more»

Asking a Better Question to Uncloak the Online Copyright Debate

The proverbial Pandora's box that is opened whenever the topic of online copyright infringement is raised throws into sharp relief a host of challenges that have confounded policy makers, internet service providers and consumers for many years. Chief amongst them is how to strike an appropriate balance between protecting the rights of content owners while continuing to promote the interests of the public and preserving the benefits of the internet, given its unprecedented ability to facilitate the rapid dissemination of copyrighted content. more»