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
The ICANN community review and Board approval of the draft Bylaws intended to implement the Work Stream 1 (WS1) recommendations of the Cross-Community Working Group on Accountability (CCWG-ACCT) are nearing completion. As we approach that marker, it is worth remembering that a major impetus for the approaching transition of IANA functions control away from the U.S. Government (USG) to the multistakeholder community was the notion that termination of the remaining "clerical function" performed by the USG within the context of the current IANA contract would dampen criticism of ICANN's relationship with the USG... more
Departing ICANN CEO Fadi Chehadé has penned a goodbye letter to the organisation's Board as he prepares to leave this March. The 7-page letter reads like a long list of Chehadé's achievements since he took over the helm in 2012. Whilst there can be little doubt about Chehadé's tireless energy and dedication to making ICANN a more effective governance mechanism for the Internet, his celebration of the last four years seems to overlook one important opportunity. more
ICANN's Board Governance Committee (BGC) today released its comments on recent reconsideration request of dotgay LLC's new top-level domain .GAY application. Kevin Murphy from Domain Incite reports: "ICANN has refused dotgay LLC's latest appeal against adverse .gay decisions, and has taken the unusual step of preemptively defending itself against probably inevitable accusations from gay right groups." more
Like everyone else, former ICANN board members have been preoccupied by the horrific November 13th, 2015 attacks on Paris, France, by a bunch of cold-blooded mass murderers. Our email list discussion of the Paris attacks covered a number of issues, including the inevitable question: what, if anything, should ICANN do in response? Some list subscribers concluded that the events had nothing to do with ICANN's mission, and that we should just sigh and move on. Others, on the other hand, said: not so fast, it would serve ICANN well to take a closer look at the matter, and its ramifications on wider world of ICANN. more
Every person and every entity must have a philosophy if they are to be successful. Consumer trust is one of the key issues at the heart of keeping the Internet open as well as prosperous. The ICANN Affirmation of Commitments was signed in 2009 and has been the guiding principle for ICANN's activities going forward. The title of section 9.3 is Promoting competition, consumer trust, and consumer choice. This section is in essence the embodiment of the commitment of ICANN. more