Domain Names

ICANN vs Epag/Tucows: German Court Rules Against ICANN

German courts seem to be pretty fast, so instead of having to wait weeks or months to see how they'd rule, we've already got the answer. The German court in Bonn has ruled that EPAG (Tucows) is not obliged to collect extra contacts beyond the domain name registrant. The decision, naturally, is in German, but there is a translation into English that we can use to understand how the court arrived at this decision. more

ICANN vs EPAG/Tucows: Tucows Releases Statement on What They’re Doing and Why

As I noted over the weekend, ICANN has instigated legal action against EPAG, an ICANN accredited registrar based in Germany that is part of the Tucows group. ICANN claims that the case is to "preserve WHOIS data", but Tucows asserts in their statement that the ICANN approach is flawed. It's not a frivolous statement, but one they've backed with fairly detailed rationale - and this is just their public statement and not a formal legal filing. more

ICANN Files Legal Action Against Domain Registrar for Refusal to Collect WHOIS Data

Germany-based ICANN-accredited registrar EPAG owned by Tucows has informed ICANN that it plans to stop collecting Whois contact information from its customers as it violates the GDPR rules. more

Domain Name Registrars Ask ICANN for a “Moratorium” on Its New GDPR Policy

"Domain name sellers rub ICANN's face in sticky mess of Europe's GDPR," Kieren McCarthy reporting in The Register. more

ICANN Releases Temporary WHOIS Specification Plan for GDPR Compliance With Deadline Two Weeks Away

ICANN has released temporary specifications for gTLD registration data in order to establish temporary requirements needed for the organization and gTLD registry operators to continue to comply with existing ICANN contractual requirements and community-developed policies. more

The Fight Is on to Save Access to WHOIS: A Call to Action for Brand Owners

Late last week, ICANN published the guidance from the Article 29 Working Party (WP29) that we have been waiting for. Predictably, WP29 took a privacy maximalist approach to the question of how Europe's General Data Protection Regulation (GDPR) applies to WHOIS, a tool widely used by cybersecurity professionals, businesses, intellectual property owners, consumer protection agencies and others to facilitate a safer and more secure internet.  more

GDPR and WHOIS - Winners and Losers

I think we are all hoping that when ICANN meets with the DPAs (Digital Protection Authorities) a clear path forward will be illuminated. We are all hoping that the DPAs will provide definitive guidance regarding ICANN's interim model and that some special allowance will be made so that registrars and registries are provided with additional time to implement a GDPR-compliant WHOIS solution. more

Holocaust Remembrance Day

Today is Holocaust Remembrance Day. Today we remember that the Nazis rounded up Jews, Roma, political dissidents, and other "undesirables" using the best data and technology of the day and sent them off to concentration camps. We don't normally deal with this type of political reality in ICANN, but now is the time to do so. In 1995, the recently formed European Union passed the EU Data Protection Directive. more

Facebook vs. Domain Names: Lessons from Cambridge Analytica

The current revelations about Cambridge Analytica's use of Facebook data illustrate an important drawback to using a Facebook account as your business' online presence: Facebook knows and sells your customers! Millions of companies - especially small companies and start-ups - rely on a Facebook account for their online presence. On the surface, it seems like a great idea... more

ICANN Cannot Expect the DPAs to Re-Design WHOIS, but Asking for a Reprieve Makes Sense

We are on the brink of the most serious threat to the open and public Internet for decades. ICANN, under pressure from domain name registrars and EU data protection authorities, has proposed an "interim" plan that will hide critical information in WHOIS. Security, threat intelligence, and anti-abuse professionals rely on WHOIS to track down bad guys and keep the Internet as safe and secure as possible. more

ICANN IPC & BC to Host Cross-Community Call on Accreditation/Access Model for Non-Public WHOIS Data

The ICANN Intellectual Property Constituency (IPC) and Business Constituency (BC) will be hosting a community-wide discussion regarding the proposed accreditation and access model for non-public WHOIS data, which was first circulated to the community during ICANN 61. The discussion will take place via ICANN-supported remote participation and/or audio bridge this Friday, April 6, 2018, from 1400-1600 UTC. more

European Commission Killing Off Thousands of EU Domains Due to Brexit

After the Brexit vote, I wrote that there could be an impact on EU registrants based in the UK. Over the past year, the UK government has been engaged in negotiations with the EU to navigate the application of Article 50 and the UK's exit from the European Union. While there has been a lot of focus on issues like the customs union and the border between Ireland and Northern Ireland, the eventual departure of the UK from the EU will have a tangible impact on the European digital economy. more

Leveraging Trademark Data to Drive Domain Name Strategy

For years, corporate domain name portfolio managers have struggled with determining whether or not their portfolios were the "right" size. Managers of mature domain name portfolios have often felt that their portfolios were bloated, containing domains that were no longer needed. Conversely, domain managers of newer portfolios have sometimes known that gaps existed. Regardless, the question remains -- just how many domains should a corporate portfolio contain? more

Accreditation & Access Model For Non-Public Whois Data

In the current debate over the balance between privacy and Internet safety and security, one of the unanswered questions is: "How will those responsible for protecting the public interest gain access to the non-public data in the WHOIS databases post General Data Protection Regulation (GDPR)?" In an attempt to prevent WHOIS data from going "dark," several community members have been working for the past weeks to create a model that could be used to accredit users and enable access to the non-public WHOIS data. more

ICANN Proposed Interim GDPR Compliance Model Would Kill Operational Transparency of the Internet

ICANN has consistently said its intention in complying with the European Union's General Data Protection Regulation (GDPR) is to comply while at the same time maintaining access to the WHOIS domain name registration database "to greatest extent possible." On February 28, ICANN published its proposed model. Strangely, while ICANN acknowledges that some of the critical purposes for WHOIS include consumer protection, investigation of cybercrimes, mitigation of DNS abuse, and intellectual property protection, the model ICANN proposes provides no meaningful pathway to use WHOIS in those ways. more