Policy & Regulation

Policy & Regulation / Recently Commented

The Hidden Perils of Filing a Baseless UDRP Complaint

When properly used, the UDRP enables trademark owners to take control of abusive domain names. Yet sometimes the UDRP itself is misused by trademark owners to try to seize desirable domain names to which they have no legal entitlement. Is there a downside to misusing the UDRP to attempt a domain name hijacking? Unscrupulous companies at times misuse the UDRP by improperly invoking its power to compel a transfer of ownership in order to seize inherently valuable, non-infringing domain names that the companies desire for their own use. more

France to Stop Using Google as Part of Its Plan to Establish Digital Sovereignty

The 2013 NSA revelations by the American whistleblower Edward Snowden was a stern wake call for French politicians. more

Stop Using the Term "Open Internet"

Over the past few years, the term "open internet" has become popular among politicians in Washington and Europe. It is bandied about in political pronouncements that assert that everyone needs to somehow support the open internet without ever actually defining it. It is sometimes used as a synonym for Net Neutrality. In fact, it is a bogus public relations term that is rather like saying you believe in the Tooth Fairy. more

America Will Not Win the Global Race to 5G

Several weeks ago, the White House published a document asserting that "America Will Win the Global Race to 5G." The White House should get over it. This is not about America winning any global race to 5G, but the world working together on fundamentally different, complex, new communication networks and services. There are four important points, however. more

Verisign's Attempt to Increase its Fees Still Unjustified Despite Diversionary Tactic

Shortly after the National Telecommunications and Information Administration (NTIA)'s recent announcement allowing Verisign to pursue increased .com registry fees, Verisign published a blog post questioning the business practices of registrars and domain name investors. The ICA, on behalf of its registrar and domain name investor members, had previously spoken out against a .com fee increase, as did others in the domain industry. more

Has President Macron Thrown Multistakeholderism Under the Bus at UN IGF 2018 Paris?

Today, President Macron threw down the gauntlet to President Trump and the US administration on Multistakeholderism. In his welcome address to IGF 2018 Paris a few hours ago, President Macron challenged IGF to become more relevant by reinventing itself in factoring in multilateralism into IGF's non-decision-making body and to move beyond the mere talk-ship lip service it has been for the last 13 years. more

Protecting Privacy Differently

My thesis is simple: the way we protect privacy today is broken and cannot be fixed without a radical change in direction. My full argument is long; I submitted it to the NTIA's request for comments on privacy. Here's a short summary. For almost 50 years, privacy protection has been based on the Fair Information Practice Principles (FIPPs). There are several provisions... more

Cyber Security Word Salad

Two months ago, the Trump White House published its National Cyber Strategy. It was followed a few days ago with the release of its draft NSTAC Cybersecurity "moonshot." The Strategy document was basically a highly nationalistic America-First exhortation that ironically bore a resemblance to China's more global two-year-old National Cybersecurity Strategy. more

Over the Top Services at the ITU PP-2018: Considering the Pittsburgh Massacre

This past Saturday, a self-professed neo-Nazi massacred eleven worshipers at synagogue services in Pittsburgh. The killer was reported to have lived on and was incented by an "Over the Top (OTT)" service purposely established to facilitate extremist activities known as Gab. Within hours, the cloud service providers hosting their services announced they would no longer provide hosting services. Presumably, the threat of both potential civil litigation liability among other penalties, as well as adverse publicity, provided the motivation. more

Law Enforcement Agencies Will Have Authority on Registries and Registrars

Accessing Whois information and acting on a litigious domain name is becoming a nightmare for law enforcement agencies. Law enforcement agencies must have an access to the information provided by registrants in the Whois database and, in specific cases, have authority to act FAST on a domain name. The EU has a solution for this and it's coming in 2020. more

Has Internet Governance Become Irrelevant?

When the Internet outgrew its academic and research roots and gained some prominence and momentum in the broader telecommunications environment it found itself to be in opposition to many of the established practices of the international telecommunications arrangements and even in opposition to the principles that lie behind these arrangements. more

The Road Less Traveled: Time Is Running Out for NTIA-Verisign Cooperative Agreement

It is remarkable  -  for all the wrong reasons  -  that only two months remain before the National Telecommunications and Information Administration (NTIA) must make a fateful decision on how it will address its' long-standing Cooperative Agreement with Verisign  -  the private-sector corporation that edits the authoritative address book of the Internet's Domain Name System (DNS), maintains two of the DNS root servers, and operates the .com and .net registries of the Internet, undoubtedly one of the most lucrative concessions ever granted. more

Enough With Blacklisting Online Pharmacies, Isn’t It Time to Consider White Lists?

Before I go back to the beginning, let me make clear that what follows are my personal observations vis-a-vis how National Association of Boards of Pharmacy (NABP) is managing the .Pharmacy Registry relative to personal experience as founder, President and CEO of Tralliance Corporation, the original manager of the .Travel Registry. My analysis may be a little long, but I promise that if you stay with me, you will be enlightened. more

M3AAWG and APWG Do the Best Survey Yet on WHOIS Redaction

M3AAWG, the Messaging, Malware, and Mobile, Anti-Abuse Working Group and APWG, the Anti-Phishing Working Group, surveyed their members about recent WHOIS changes. With over 300 results from security researchers, it's the broadest report yet on WHOIS use. The survey results confirm our concerns that WHOIS was a vital resource for security research, and its loss is a serious and ongoing problem. more

Addressing Infringement: Developments in Content Regulation in the US and the DNS

Over the course of the last decade, in response to significant pressure from the US government and other governments, service providers have assumed private obligations to regulate online content that have no basis in public law. For US tech companies, a robust regime of "voluntary agreements" to resolve content-related disputes has grown up on the margins of the Digital Millennium Copyright Act (DMCA) and the Communications Decency Act (CDA). more

Industry Updates