Privacy

ICANN’s ePDP - An Insider’s Perspective

Amazingly enough, summer is rapidly ending as kids head back to school, the temperatures in the mornings are just slightly cooler, and soon enough jeans and sweatshirts will be upon us. It also means that the important work on ICANN's temporary specification regarding WHOIS relative to GDPR has already aged a few months. The ICANN Board adopted the temporary specification in May 2018 and it became effective on the 25th of the month.

Why Foldering Adds Very Little Security

I keep hearing stories of people using "foldering" for covert communications. Foldering is the process of composing a message for another party, but instead of sending it as an email, you leave it in the Drafts folder. The other party then logs in to the same email account and reads the message; they can then reply via the same technique. Foldering has been used for a long time, most famously by then-CIA director David Petraeus and his biographer/lover Paula Broadwell. Why is foldering used?

Traceability

At a recent workshop on cybersecurity at Ditchley House sponsored by the Ditchley Foundation in the U.K., a primary topic of consideration was how to preserve the freedom and openness of the Internet while protecting against the harmful behaviors that have emerged in this global medium. That this is a significant challenge cannot be overstated... That these harmful behaviors can and do cross international boundaries only makes it more difficult to fashion effective responses.

ICANN at a Crossroads: GDPR and Human Rights

The European Data Protection Board certainly has been keeping its records straight. Its 27 May statement starts with the following: "WP29 has been offering guidance to ICANN on how to bring WHOIS in compliance with European data protection law since 2003." All internet users have dealings with the Internet Corporation for Assigned Names and Numbers, yet the vast majority have never heard of ICANN.

It’s About Whois Display And Access

The need for an access model for non-public Whois data has been apparent since GDPR became a major issue before the community well over a year ago. Now is the time to address it seriously, and not with half measures. We urgently need a temporary model for access to non-public Whois data for legitimate uses, while the community undertakes longer-term policy development efforts.

Heading Into Panama for ICANN62

Well amazingly, it's that time again. Next week, individuals from around the world with a keen interest in Internet policy will head to Panama City, Panama for the second ICANN meeting of the year. As always, Brandsight will be attending to follow all of the important policy work being carried out by the community. Before I head off to the meeting (which based on my research will actually be my 32nd ICANN meeting!), I'd like to share a preview of the major topics slated for discussion.

ICANN vs EPAG: ICANN Seeks Appeal Plus Pushes for ECJ Referral

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.

WHOIS Users Facing Serious Challenges Caused by Post-GDPR Fragmentation

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.

Have You Had Your GDPR Training Today?

The suggestion was recently put to the GNSO Council: anyone who becomes a member of a proposed new Expedited Policy Development Process (EPDP) must be able to demonstrate that they have basic knowledge of privacy and data protection. This makes a lot of sense: Would you trust a lawyer who had never been to law school? Or a doctor who had never studied medicine? Of course not. Recently I asked members of our ICANN Community: have you had any GDPR training, classes, or certification?

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.