Policy & Regulation

Policy & Regulation / Recently Commented

Tom Wheeler - New FCC Chairman

After a political and administrative process of more than a month Tom Wheeler has finally been nominated by President Obama as the new chairman of the FCC with the full support of Congress. Unlike other regulators around the world the FCC is directly accountable to the American Congress, making it a far more political body than most other regulators. I have known Tom since 1983. He is an enormously energetic person and has been involved in the ICT industry for most of his working life, holding very senior positions within the American industry. more

Noncommercial Users Ask ICANN Board to Review Decision to Expand Trademark Rights in New Domains

ICANN's Non-Commercial Stakeholders Group (NCSG) has filed a Request for Reconsideration with ICANN's Board of Directors regarding the staff's decision to expand the scope of the trademark claims service beyond that provided by community consensus policy and in contradiction to ICANN Bylaws. Specifically at issue is ICANN staff's unilateral decision to adopt the "trademark +50" proposal for new domains, which would provide trademark holders who have previously won a UDRP or court decision with rights to 50 additional derivations of their trademark in ICANN's Trademark Clearinghouse (TMCH). more

Breaking Down Silos Doesn’t Come Easy

"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

US Fibre Projects: Go-Aheads Omit the Major Telcos

As the recent Senate vote on gun reform legislation has shown (wherein 42 of the 45 dissenting senators had recently received donations from gun industry lobbyists), getting things done for the good of the people is a hard task where legislation is concerned. It has been thus with the US's broadband infrastructure for years. A number of states have legislated against community broadband networks, often resulting from the lobbying efforts of the main telcos affected. State Legislatures commonly pass bills revoking local decision-making authorities from communities, effectively making them dependent on the dominant cableco and DSL provider. more

Horse’s Head in a Trademark Owner’s Bed

Recently, the Internet Corporation for Assigned Names and Numbers (ICANN) unveiled its Trademark Clearinghouse (TMCH), a tool it proposes will help fight trademark infringement relating to another of its new programs - generic top level domain (gTLD). As Lafeber describes, criticism of ICANN's gTLD program and subsequent TMCH database is mounting. Skeptics have noted that given the significant cost of registering a gTLD - the application fee is $185,000 and subsequent annual fees are $25,000 - the program appears to be solely a cash cow, without adding much value to Internet users. more

Correlation Between Country Governance Regimes & Reputation of Their Internet Address Allocations

We recently analyzed the reputation of a country's Internet (IPv4) addresses by examining the number of blacklisted IPv4 addresses that geolocate to a given country. We compared this indicator with two qualitative measures of each country's governance. We hypothesized that countries with more transparent, democratic governmental institutions would harbor a smaller fraction of misbehaving (blacklisted) hosts. The available data confirms this hypothesis. A similar correlation exists between perceived corruption and fraction of blacklisted IP addresses. more

Over 80 European Organizations Demand Protection for Net Neutrality

Today, more than 80 organizations, represented by The European Consumer Organization (BEUC) and European Digital Rights (EDRi), sent a letter to the European Commission demanding the end of dangerous experimentation with the functioning of the Internet in Europe and the protection of the principles of openness and neutrality. more

Live Today - “IPv4 Exhaustion and the Path to IPv6” from INET Denver

If you are interested in the current state of IPv4 address exhaustion within North America as well as the current state of IPv6 deployment, there will be a live stream today, April 17, of the sessions happening at INET Denver starting at 1:00pm US Mountain Daylight Time (UTC-6). The event is subtitled "IPv4 Exhaustion and the Path to IPv6" and you can view the live stream at. more

ICANN gTLDs: When Names Are Borrowed from an Atlas

When names are borrowed from an Atlas, things happen. Use of Geographic names have always caused some problems for two reasons; one they are in the public domain so anyone else can use them and two they connote that business is confined to just that geographic area. Like Paris Bakery, Waterloo Furniture or London Bank. Geographic naming was the biggest thing during last couple of centuries, as using name of a village or a city as a moniker was considered being on top of the hill. more

Ignore The Chicken Littles: Let’s Give New Web Domains a Try

Before the experiment has gotten off the ground, some critics have expressed concern about applications to operate domains referring to a "generic" product or service, like .car, .book, or .app. News reports indicate that Microsoft and other Google competitors have filed complaints about Google's applications, while authors' organizations have raised questions about some of Amazon's applications. These complaints assert that giving these applicants the right to operate these new domains would provide an unfair competitive advantage. more

Research Group Releases International Law on Cyber Warfare Manual

The newly released handbook applies the practice of international law with respect to electronic warfare. The Tallinn Manual on the International Law Applicable to Cyber Warfare -- named for the Estonian capital where it was compiled -- was created at the behest of the NATO Co-operative Cyber Defence Centre of Excellence, a NATO think tank. It takes current rules on battlefield behaviour, such as the 1868 St Petersburg Declaration and the 1949 Geneva Convention, to the internet, occasionally in unexpected ways. more

EFOW Wants Total Protection for Geographical Indications Domains in .VIN, .WINE and All Other TLDs

This is a letter sent from the European Federation of Origin Wines (EFOW) to the courteous attention of Dr Steve Crocker, Chair of the ICANN Board , Mr Cherine Chalaby, Chair of the new gTLD Program Committee Board, Mr Fadi ChehadĂ©, CEO of ICANN and Mr Akram Atallah, COO of ICANN. This letter, sent by its President Riccardo Ricci Curbastro, was sent today to ICANN and is entitled "ICANN initiatives for the attribution of new generic top-level Internet domains -- PDO and PGI wines' concerns". more

Thinking Carefully About New gTLD Objections: Legal Rights (4 of 4)

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

Russia Restricts U.S. Fiscal Sovereignty Using an ITU Treaty?

It seems outlandish. However, as incredible as it may seem - especially in these times of sequestration and dire Federal budget cuts - the U.S. has potentially fallen prey to a ploy hatched by Russia and allies artfully carried out at a 2010 ITU treaty conference to relinquish the nation's sovereign right to choose its own ITU membership contributions. Here is how it happened and what can be done about it. more

Can Plural and Singular New gTLDs Both Be Successful?

Now that ICANN has stuck to its guns and only placed 4 new gTLD's strings that look confusingly similar into contention sets, rather than those that sound identical, such as .inc and .ink or those that have the same meaning like .Law and .Lawyer or those that are singular and plurals of the same word, like .deal and .deals, we now that many new gTLD's are going to have a very a tough marketing road and face a lot of consumer confusion. more