ICANN

Why Are the EU Data Protection Authorities Taking Away Our Fundamental Right to be Safe?

What if we created a rule that gave everyone - good or bad - the right to hide their license plate, where they live, who they are, and just go incognito? What if we made it a right to walk into any building in the world, and simply say "No, thank you" when the security guards asked for one's identification? The criminals would celebrate, and we'd all be utterly alarmed. We would immediately be afraid for our personal safety. 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

ICANN Cancels .CORP, .HOME, and .MAIL TLDs Indefintley Due to Collision Concerns

ICANN has announced that it has indefinitely deferred the delegations of the new TLDs .CORP, .HOME, and .MAIL due to the high-risk nature of the strings. The domains name system overseer has determined the said TLDs can cause name collisions, the overlap of private and public namespaces which may result in unintended and harmful results. 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

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

GDPR and What Comes Next: The Parade of Horribles

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

WHOIS Inaccuracy Could Mean Noncompliance with GDPR

The European Commission recently released technical input on ICANN's proposed GDPR-compliant WHOIS models that underscores the GDPR's "Accuracy" principle - making clear that reasonable steps should be taken to ensure the accuracy of any personal data obtained for WHOIS databases and that ICANN should be sure to incorporate this requirement in whatever model it adopts. Contracted parties concerned with GDPR compliance should take note. more

GDPR - Territorial Scope and the Need to Avoid Absurd and Inconsistent Results

There is an urgent need to clarify the GDPR's territorial scope. Of the many changes the GDPR will usher in this May, the expansion of EU privacy law's territorial scope is one of the most important. The GDPR provides for broad application of its provisions both within the EU and globally. But the fact that the GDPR has a broad territorial scope does not mean that every company, or all data processing activities, are subject to it. more

The Future of .COM Pricing

When you've been around the domain industry for as long as I have, you start to lose track of time. I was reminded late last year that the 6-year agreement Verisign struck with ICANN in 2012 to operate .com will be up for expiration in November of this year. Now, I don't for a second believe that .com will be operated by any other party, as Verisign's contract does give them the presumptive right of renewal. But what will be interesting to watch is what happens to Verisign's ability to increase the wholesale cost of .com names. more

First Do No Harm: Ensuring Compliance with the EU’s GDPR While Preserving Access to WHOIS Data

There is growing concern about how ICANN will comply with the EU General Data Protection Regulation (GDPR), whose enforcement sanctions come into force in May of 2018. How will ICANN comply with GDPR without unduly restricting global Internet users' access to the public WHOIS database? For nearly the past 20 years, Internet users, businesses, law enforcement and consumer protection agencies have relied on WHOIS as a necessary resource. more

Internet Governance Outlook 2018: Preparing for Cyberwar or Promoting Cyber Détente?

In 2018, Internet Governance will be one of the top priorities in the geo-strategic battles among big powers. In today's world, every global conflict has an Internet-related component. There is no international security without cybersecurity. The world economy is a digital economy. And human rights are relevant offline as well as online. It is impossible to decouple cyberspace from the conflicts of the real world. more