Policy & Regulation

Policy & Regulation / Recently Commented

ICANN - Dispenser of Internet Justice

The following is a paper presented as a keynote speech at Studienkreis 2013 in Pisa, Italy last week. ICANN is beginning to look more and more like a government. It assesses taxes, it has amassed an enormous treasury, it passes laws with international effect, and it has developed an ad hoc judiciary system to enforce its laws. This paper will take a look at that judiciary system and ICANN as dispenser of Internet justice. more

Neustar Analysis Shows ICANN Study Overstates Risk of Harmful Domain-Name Collision

As we blogged about recently, Neustar is committed to ensuring that the domain name system is secure and stable and has been operating top-level domains (TLDs) for over a decade. Tuesday, Neustar submitted comments to the Internet Corporation for Assigned Names and Numbers (ICANN) in response to ICANN's proposal to delay the launch of hundreds of new generic top-level domains (gTLDs). ICANN's decision to delay the launch is based on a study it commissioned that measured the potential frequency of domain-name collision. more

Verizon and the FCC Clash Over Net Neutrality Laws

Edward Wyatt reporting in the New York Times: "In a momentous battle over whether the Web should remain free and open, members of a federal appeals court expressed doubt over a government requirement that Internet service providers treat all traffic equally. On Monday, the Federal Communications Commission and Verizon, one of the largest Internet service providers, squared off in a two-hour session of oral arguments -- three times as long as was scheduled." more

More Petition by Google for Greater Transparency

Google reported today that it has filed an amended petition in the U.S. Foreign Intelligence Surveillance Court. The company, in a blog post, reports: "This petition [PDF] mirrors the requests made to Congress and the President by our industry and civil liberties groups in a letter [PDF] earlier this year. Namely, that Google be allowed to publish detailed statistics about the types (if any) of national security requests we receive under the Foreign Intelligence Surveillance Act, including Section 702." Request has also been made by Google for the court to hold its hearing in open rather than behind closed doors. more

OIAC Report: Views on Economic Impacts of Open Internet, Mobile Ecosystems, Specialized Services

Having been a member of the Committee for this past year, I'm pleased to share that the US Federal Communications Commission (FCC) "Open Internet Advisory Committee" has published its first annual report... The report is weighty - 98pp if you kill trees to print it. The OIAC was established as part of the US FCC Open Internet activity and Open Internet Report and Order from 2010. The FCC appointed expert committee members from a broad range of commercial, academic, and not-for-profit organizations. more

Examples of Where ICANN Can Be More Accountable

During the "GNSO Discussion with the CEO" at the recent ICANN meeting in Durban, I stated that ICANN talks a lot about the importance of supporting the public interest, but in reality the organization's first priority is protecting itself and therefore it avoids accountability and works very hard at transferring risks to others. In response to my comments, ICANN CEO Fadi Chehadé asked me to provide him examples of where ICANN can be more accountable. Copied below is my response letter to Chehadé, which provides seven examples. more

Global Surveillance: Towards Convergence?

Built for the most part during the Cold War, surveillance systems on a global scale were considered a vital necessity with the onset of nuclear weapons, if only to keep Mutually Assured Destruction at bay. Today, these systems are also used for domestic surveillance and universal data harvesting, including on one's own citizens. Should we still consider these systems with the same reverence as if we were, say, in the midst of some Cuban Missile Crisis? more

Minding the Gap at the ITU-T

In 1992, Theo Irmer who had served as the organization's director for the previous eight years during its glory days, wrote that if there was any hope of saving what was left of the body, it must be privatised. That never occurred. Everyone pretty much left and migrated to dozens of other venues where all the world's information and communication technology standards have long been created and evolved. Essentially every major nation moved to competitive, private, marketplace-driven provisioning of communication products and services. more

ICANN Bans Dotless Domains

Any new top level domain approved for the Internet will have to be more than just a single label. ICANN's new gTLD program committee (NGPC) has decided to ban the use of "dotless domains". TLD operators that had planned to use their new suffix as a keyword, i.e. just the string and nothing else, will now have to reconsider. more

ICANN, NTIA, Verisign and ANA Weighing In on ‘Name Collisions’ and the Readiness of New gTLD Program

Gregory S. Shatan of Reed Smith writes: "Last week, ICANN (the organization that oversees the domain name system of the Internet) was busy with nothing less than the security and stability of the Internet. At ICANN's recent meeting in Durban, those of us attending heard a drumbeat of studies, presentations and concerns regarding "name collisions": the conflicts that will arise when new gTLDs go live and conflict with existing top-level extensions in private networks..." more

National Association of Secretaries of State (NASS) Cautions ICANN on .INC, .LLC, .LLP, .CORP TLDs

Michael Berkens reporting in TheDomains.com blog reports: National Association of Secretaries of State (NASS) is an organization whose members include Secretaries of State and Lieutenant Governors of the 50 U.S. states and territories send a letter to ICANN in late July that was just published today, that the new gTLD's .INC, .LLC, .CORP and .LLP.should only be allowed to be registered by 'entities that are appropriately registered and in good-standing with the Secretary of State or other appropriate state agency." more

When an IP Address Does Not Equal Individual Culpability - Breaking Glass Pictures v Does, DAZ 2013

Something bad happens online. I can tie that something-bad back to an IP address. Do I know who did the bad thing? According to the Federal District Court in Arizona, I don't. An IP address may identify the owner of an Internet access account; it does not identify who was online at that particular time and who may be responsible for the actions in question. In Breaking Glass Pictures v Does, DAZ 2013, Plaintiff brought a claim for copyright infringement, wants early discovery, but the court is refusing. more

Internet Society Launches Questionnaire on Multistakeholder Participation in Internet Governance

The Internet Society today announced the launch of a survey to gain greater insights into multistakeholder governance perceptions and processes at all levels - national, regional, and international. The questionnaire is open to all interested participants and is available until 30 September 2013. The survey is one component of the Internet Society's broader initiative focused on the open and sustainable Internet. more

Making Sense of MIIT’s Category of Telecommunications Services

This morning I read a catchy titled article on CircleID "China Closing the Door to New Technologies". I was trying to make sense of what all the fuss is about... So I called up my friends in Ministry of Industry and Information (MIIT) for lunch to find out what's going. more

China Closing the Door to New Technologies

2013 may be a promising year for global trade in technology with the kick-off of the International Technology Agreement expansion discussions, the Trans-Atlantic Trade and Investment Partnership, and as the Trade in Services Agreement gets going. But China calls its own tune, and is now threatening to restrict its market for Internet-enabled technologies through a clever device that could cost its trading partners billions. more