Policy & Regulation

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.

Security, Standards, and IoT: Will Connected Devices Flourish Under Prescriptive Regimes?

Security for Internet-connected devices, the "Internet of Things" (IoT), is critically important. Now, more than ever, it is top of mind for device manufacturers, network operators, consumer advocates, lawmakers, and government regulators -- domestically and internationally. In the face of recent attacks, government authorities and consumer advocates have proposed legislation, frameworks, certifications, and labeling schemes.

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.

Crypto War III: Assurance

For decades, academics and technologists have sparred with the government over access to crypographic technology. In the 1970s, when crypto started to become an academic discipline, the NSA was worried, fearing that they'd lose the ability to read other countries' traffic. And they acted. For example, they exerted pressure to weaken DES... The Second Crypto War, in the 1990s, is better known today, with the battles over the Clipper Chip, export rules, etc.

CEOs and Encryption: The Questions You Need to Ask Your Experts

Barely a week passes without something in the news that reminds us of the critical role encryption plays in securing our data. It is a technology that protects so much of what we rely on, as individuals protecting our privacy, as companies securing our business assets and transactions, and as governments responsible for critical national infrastructure. ... The request Kathy mentions came after the San Bernardino shootings in California...

Using Your domain Name in China

At Gandi, we offer over 750 TLD's right now (probably the one with the most coverage in the industry) so we often see changes in policy first hand. One of these changes was the introduction of new laws in China and regulations by the MIIT (China’s Ministry of Industry and Information Technology) in late 2017. We updated our customers on these new regulations to hopefully avoid some confusion, and I'd like to share them here as well.

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.

Let’s Talk About “Internet Responsibility”

We need to talk about Internet responsibility, and we need to talk about it now. By "Internet responsibility," I am not referring to some abstract subjective connotation of it, but rather to an attempt to identify objective criteria that could be used as a benchmark for determining responsibility. For the past 20 something years we all have been using the Internet in different ways and for different reasons; but, have we ever contemplated what our levels of responsibility are?

Changes to the Domain Name Marketplace

The new gTLD program and the introduction of 1200+ new domain name registries has significantly altered the marketplace dynamics. New domain name registries must navigate an environment that is, to an extent, stacked against them. This article recommends creation of some improvements and a general de-regulation of the marketplace to encourage innovation and promote its overall health. ICANN, or a combination of Registry Operators, should fund a brief, thorough study of the current marketplace because of the changes that have occurred from the original marketplace for which current regulations were developed.

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.