Anticipating SXSW: Unpacking Key Internet Governance and Tech Law Debates for the Domain Name Industry
As Austin prepares to host the annual South by Southwest (SXSW) conference, the global tech, film, and music industries converge for a week of innovation, networking, and thought-provoking discussions. While the sheer breadth of topics can be overwhelming, the Interactive portion, specifically running from March 10-16, promises to delve into critical issues that, though not always explicitly labeled “domain names,” are profoundly relevant to the domain name industry and internet ecosystem at large.
This year, dedicated domain name-specific sessions appear to be less prominent than in previous iterations. However, a closer look at the schedule reveals two particularly compelling sessions featuring key figures and themes that resonate deeply with domain name professionals, from internet governance bodies like ICANN to major registry operators such as Afilias, and leading internet law practitioners. These sessions underscore the foundational yet often overlooked role that domain names and their underlying infrastructure play in shaping the digital world.
The absence of explicitly named “domain name” tracks at a major tech conference like SXSW doesn’t diminish their importance. Instead, it highlights how domain names have become an integral, almost invisible, part of broader conversations about internet security, digital rights, intellectual property, and emerging technologies. Professionals from the domain name space are crucial contributors to these cross-disciplinary dialogues, ensuring that the unique challenges and opportunities within the DNS are considered in wider policy and technological advancements. Attendees with a keen interest in the future of the internet will find immense value in these discussions, which illuminate the complex interplay between technology, law, and society.
Session Spotlight: Internet Kill Switch? Who’s Got the Keys?
Date and Time: March 10, 2017 – 11:00 am to 12:00 pm
Location: JW Marriott Salon AB
This session promises to be a cornerstone discussion on the very architecture and resilience of the internet. Featuring a distinguished panel of experts, including:
- Christopher Mondini, VP at ICANN (Internet Corporation for Assigned Names and Numbers)
- Ram Mohan, Exec VP & Chief Technology Officer at Afilias (a leading domain name registry operator)
- Christian Dawson, Co-Founder & Exec Dir of i2Coalition (Internet Infrastructure Coalition)
- Shane Tews, Visiting Fellow at American Enterprise Institute (and formerly with Verisign)
The panel brings together diverse perspectives from global internet governance, critical infrastructure operation, advocacy for internet freedom, and cybersecurity policy. Their collective expertise is essential for dissecting a topic as complex and far-reaching as the “Internet Kill Switch.”
Unpacking the Concept of an Internet Kill Switch
The session description immediately poses a fundamental question: “Are you online right now? Maybe you’re on your phone, tablet, or laptop. Maybe you’re even reading messages on your watch! The seamless access to everything on the Internet is akin to the air we breathe. We don’t give it a second thought.” This analogy perfectly captures the pervasive and often taken-for-granted nature of internet access in modern life. From connecting doctors with patients across continents to facilitating global commerce and fostering charitable initiatives, the internet serves as an unparalleled tool for global good.
However, the internet’s immense power also makes it a potent tool for malicious actors, from cybercriminals to state-sponsored entities. This duality leads directly to the core questions of the session: “Who keeps a watchful eye over the Internet globally? Is there such a thing as an INTERNET KILL SWITCH? Is the backbone of the Internet safe against attack?” These questions are not merely rhetorical; they delve into the very heart of internet governance, security, and the multi-stakeholder model that has, to date, largely resisted centralized control.
Why This Matters for the Domain Name Industry
For domain name professionals, the discussion around an “Internet Kill Switch” is critically important. ICANN, represented by Christopher Mondini, plays a pivotal role in coordinating the unique identifiers of the internet, including the Domain Name System (DNS). Any discussion about shutting down or controlling the internet invariably involves how the DNS operates, how domains are resolved, and the potential for manipulation or disruption at this fundamental level. Ram Mohan of Afilias, as a major registry operator, understands firsthand the technical challenges and security imperatives of maintaining a stable and resilient DNS infrastructure.
The session will likely explore various scenarios: from targeted shutdowns of specific services or websites (which directly impacts domain name resolution for those entities) to theoretical broader disruptions of internet connectivity. It will touch upon the technical feasibility, ethical implications, and geopolitical ramifications of such actions. The concept of an “Internet Kill Switch” highlights the ongoing tension between national sovereignty and the global, borderless nature of the internet. It forces a critical examination of who has the authority, the technical capacity, and the legitimacy to make decisions that could impact billions of users and trillions of dollars in economic activity. Understanding these dynamics is crucial for registrars, registries, and domain investors who rely on a free, open, and resilient internet.
Furthermore, the discussion will likely touch on cybersecurity threats to the internet’s backbone – the physical infrastructure, protocols, and logical identifiers (like domain names) that make the internet work. DDoS attacks, routing hijacks, and state-level censorship efforts all demonstrate how fragile and interconnected the global network can be. This session offers an invaluable opportunity to engage with leading experts on how to safeguard this vital resource and ensure the continued stability and accessibility of the domain name system.
Exploring Sex Tech and Law: Virtual Reality to Revenge Porn
Date and Time: March 16, 2017 – 12:30 pm to 1:30 pm
Location: Austin Convention Center Room 9BC
This session tackles the rapidly evolving and often controversial intersection of technology, adult content, and legal frameworks. The panel features two prominent legal experts who frequently engage with domain name issues:
- Enrico Schaefer, Traverse Legal PLC
- Daliah Saper, Saper Law
Both Enrico Schaefer and Daliah Saper are well-known within the domain name community, regularly attending conferences and advising clients on complex internet law matters, including domain name disputes, intellectual property enforcement, and online content regulation. Their presence on this panel signals that the topics discussed will have significant implications for the domain name industry.
Navigating the Legal Landscape of Sex Tech
The session description provides a clear roadmap: “Like all online, content driven, companies, pornography businesses have had to adapt their business models in order to combat internet piracy, limit liability associated with user generated content, and remain in compliance with state and federal statutes.” This statement immediately highlights several areas where domain names become central to the discussion.
Intellectual Property and Piracy: The fight against online piracy is an ongoing battle for all content creators, and the adult entertainment industry is no exception. Domain names are the primary vectors through which pirated content is accessed. This means that issues like Uniform Domain-Name Dispute-Resolution Policy (UDRP) cases, domain takedowns, and brand protection strategies are paramount for businesses operating in this space. The session will likely cover “software and other technology used to enforce pornography businesses’ intellectual property rights,” which invariably involves monitoring domain registrations, combating cybersquatting, and pursuing legal action against infringing sites.
User-Generated Content (UGC) and Liability: As platforms increasingly rely on UGC, the question of liability for harmful or illegal content becomes critical. This extends to adult content platforms where issues like age verification, consent, and the prevention of illegal content distribution are paramount. Domain name registrars and hosting providers often find themselves in the unenviable position of mediating between content creators, users, and law enforcement when illicit content is identified. The session will explore how businesses navigate these complex legal waters to “limit liability associated with user generated content,” an area where domain name abuse policies and rapid response mechanisms are vital.
Compliance with State and Federal Statutes: The legal landscape surrounding adult content varies significantly across jurisdictions, presenting a labyrinth of compliance challenges for online businesses. Domain names, by their global nature, transcend geographical boundaries, making compliance particularly complex. Discussions could range from specific content regulations to data privacy laws, all of which impact how domain names are registered, used, and managed.
The Rise of Virtual Reality and the Scourge of Revenge Porn
The session also promises to “highlight new pornography platforms and their respective methods of digital distribution.” This is particularly intriguing in the context of emerging technologies like Virtual Reality (VR). As VR becomes more sophisticated, new forms of adult content and interactive experiences are emerging, bringing with them new legal and ethical considerations. How will domain names be used in these virtual spaces? What are the IP implications for virtual worlds and digital assets? These are nascent but critical questions for the domain name industry.
Finally, “A portion of the presentation will be devoted to the ‘business’ of Revenge Porn.” This segment addresses one of the most egregious forms of online abuse, where non-consensual intimate images are distributed, often for profit or malicious intent. Domain names are central to the distribution of revenge porn, serving as the address for websites hosting such content. The legal and technical strategies for combating revenge porn, including content removal requests, domain name takedowns, and cooperation with law enforcement, are areas where domain name registrars, registries, and legal counsel play crucial roles in victim protection and accountability. This discussion directly impacts abuse policies and the responsibility of internet infrastructure providers.
Broader Implications for the Domain Name Industry at SXSW
Even without a dedicated “domain name” track, the presence of these sessions and the caliber of their panelists at SXSW underscore the enduring relevance of the domain name industry to the broader technology and legal sectors. Discussions around internet governance, cybersecurity, intellectual property, and content regulation are not peripheral but central to the safe, secure, and effective operation of the internet itself. Domain names are the entry points to nearly every online interaction, making their stability, security, and proper management paramount.
SXSW offers a unique platform for domain name professionals to engage with diverse communities – from legal experts and policymakers to tech innovators and content creators. These interactions foster a deeper understanding of the challenges and opportunities that lie ahead, helping to shape policies and technologies that will define the next generation of the internet. Professionals involved in domain registration, registry operations, intellectual property protection, and internet law should view these sessions as essential components of their SXSW experience, providing invaluable insights into the forces shaping the digital landscape and the ongoing evolution of the domain name system.
The insights gained from these panels can inform strategies for brand protection, enhance cybersecurity measures, and guide the development of responsible policies for managing online content. As the internet continues to evolve at a breathtaking pace, the discussions at SXSW serve as critical touchpoints for ensuring that the domain name system remains a robust, fair, and accessible foundation for global digital interaction.