In the fall of 1998, I was present at the first meeting of the ICANN Board which was then made up of very senior, prominent parties from a broad spectrum of sources. Much to her credit, Esther Dyson accepted the position as the first Chair of the ICANN Board for the newly birthed organization. I was in attendance in support of the nomination of Michael Roberts as the first ICANN CEO. It was a time of uncertainty. more
Special interests who oppose privacy are circulating draft legislation to cut short ICANN's Whois policy process, warns Milton Mueller in a post published today in Internet Governance Project. more
As I predicted ICANN is pursuing its case against EPAG. They're now not only appealing the case to a higher court in Germany but are also trying to get the entire thing referred to the European Court of Justice. In an announcement late last night ICANN made it very clear what their intentions are. While they're pursuing the appeal in the higher court in the German region, which makes sense at some level, it's also very clear that they're not taking "no" for an answer. more
On May 25, 2018, the European General Data Protection Regulation (GDPR) came into effect, meaning that European data protection authorities (DPAs) can begin enforcing the regulation against non-compliant parties. In preparation, the ICANN Board passed a Temporary Specification for gTLD Registration Data - essentially a temporary policy amendment to its registrar and registry contracts to facilitate GDPR compliance while also preserving certain aspects of the WHOIS system of domain name registration data. more
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
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
The compliance deadline for the European Union's General Data Protection Regulation (GDPR) is nearly upon us, the unveiling of a proposed model to bring WHOIS into compliance is said to come from ICANN next week, and everyone is scrambling to understand all that's involved. Implementation of a revised WHOIS model is clearly on the horizon, but what comes after may be the real story! Specifically, if WHOIS information becomes more than nominally restricted, what's the consequence to the data controllers (ICANN and the contracted parties) who implement this revised model? more
Steeped deep in discussions around the European Union's General Data Protection Regulation (GDPR) for the past several months, it has occurred to me that I've been answering the same question for over a decade: "What happens if WHOIS data is not accessible?" One of the answers has been and remains the same: People will likely sue and serve a lot of subpoenas. This may seem extreme, and some will write this off as mere hyperbole, but the truth is that the need for WHOIS data to address domain name matters will not disappear. more
The Internet Corporation for Assigned Names and Numbers (ICANN) has postponed plans to change the cryptographic key -- a critical step in updating protection measures for the Domain Name System (DNS). more
The internet has changed and evolved ever since it's ancestors first came to life in the late 1960's. Some technology fades away and is forgotten; other aspects continue but are overlaid, like geological sediments, so that they are now longer visible but are still present under the surface. The Domain Name System - both the technology of DNS and the deployed naming hierarchy we all use - are among those aspects of the internet that, although they feel solid and immutable, are slowly changing underneath our feet. more
Hyderabad set a new record in terms of attendance with a total of 3,141 participants registered and 1,400 attendees identified as 'locals' from the region. It was also, theoretically at least, one of the longest ICANN meetings with seven days baked into the schedule. Unfortunately, the development of the schedule itself was the source of much community criticism throughout the meeting, resulting in a chunk of time devoted to the topic during the second Public Forum. more
On Friday, October 28, Afilias issued a public statement urging the Internet Corporation for Assigned Names and Numbers (ICANN) to nullify the results of its July 27, 2016 public auction for the .web new generic top level domain (gTLD) -- in which Nu Dotco, LLC (NDC) submitted the highest bid for .web -- and disqualify NDC from participation in the .web contention. The real issue here is whether ICANN should enforce the results of a fair and competitive public auction... more
Last month, in a much heralded international event, the agreement that ICANN held with the United States Department of Commerce was permitted to lapse and so ICANN became an independent manager of the Internet's addressing system. While some argued that the organization was not "ready" for the transition, the majority of ICANN's multi-stakeholder community, including Afilias, agreed that sufficient accountability measures were in place to ensure that ICANN remains a responsible (and responsive) international organization. more
With less than 24 hours to go before the historic contractual relationship between the US government and ICANN is set to expire, a motion hearing is expected to be held today based on a lawsuit filed in federal court in Texas by four states' attorneys general which could lead to NTIA facing the possibility of a temporary injunction. more
Earlier today the U.S. Court of Appeals for the DC Circuit issued its decision in Weinstein vs. Iran, a case in which families of terror victims sought to have ICANN turn over control of Iran's .IR ccTLD to plaintiffs. In a unanimous decision the three judge panel stated, "On ICANN's motion, the district court quashed the writs, finding the data unattachable under District of Columbia (D.C.) law. We affirm the district court but on alternative grounds." more