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Balancing Digital Integrity: CENTR Critiques EU’s Insolvency Proposal

CENTR, the leading body representing European national domain registries, has voiced concerns over the European Union's insolvency proposal. The group emphasizes that the current proposal places an undue strain on country code top-level domain (ccTLD) registries by demanding excessive data about domain name holders. more

How a New gTLD Should Choose a Back-end Registry System - Part 3

This part 3 of the selecting a back-end registry service provider series focuses on Whois and sharing data in new gTLDs. If you've ever looked up information about a domain name you've used a Whois service. It's the public information system about contact information for a domain name or IP addresses, though in this article, we will just talk about domain name Whois. In some generic and sponsored Top Level Domains (gTLDs), Whois is run authoritatively by the gTLD. In older gTLDs such as .com and .net, the authoritative Whois service is run by the registrar responsible for the domain name. While some TLD operators run their own infrastructure... more

Time For ICANN/IANA To Squarely Face The Question Of Privacy

Various people whose judgment I value [M. Mueller, B. Fausett] have suggested that ICANN/IANA may finally get to the issue of privacy.

The ICANN Board is establishing a "President's Standing Committee on Privacy" (why the committee is possessed by ICANN's "president" and not the Board is something we can deal with at another time and another place.)

Privacy is a hard question. It is a matter that pervades all aspects of information handling. It would be entirely inappropriate, and ultimately futile, to try to deal with privacy as an after-the-fact adjustment to the existing DNS Whois system. It is necessary to examine the most fundamental questions -- such as what reasons, if any, justify there being a Whois database at all. more

Trump Admin Ramping Up Attacks on GDPR – Says It Helps Cybercrime, Threatens Public Health

While the EU is boasting about the success of its flagship privacy law, the General Data Protection Regulation (GDPR), the U.S. administration is ramping up attacks on the system, saying it provides cover to cybercriminals and threatens public health. more

Microsoft, Federal Agencies Take Down Rustock Botnet

Neil Schwartzman writes: "There is a lot of press on the profound effect the take-down of the Rustock botnet, affected by Microsoft, some U.S. federal agencies, and countless others working in the background to assist in the effort. CAUCE has aggregated a few of the best stories and data-points. A community congratulations, and thank-you to all those involved!" 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

Where Did “Data Shadow” Come From?

Anyone who works in privacy is familiar with the term "data shadow": the digital record created by our transactions, our travels, our online activities. But where did the phrase come from? Who used it first? A number of authors have attributed it to Alan Westin, whose seminal book Privacy and Freedom (largely a report on the work of the Committee on Science and Law of the Association of the Bar of the City of New York) set the stage for most modern discussions of privacy.  more

Preventing ‘Techlash’ in 2018: Regulatory Threats

U.S. Chamber of Commerce President Thomas J. Donohue on January 10, 2018, warned that "techlash" is a threat to prosperity in 2018. What was he getting at? A "backlash against major tech companies is gaining strength -- both at home and abroad, and among consumers and governments alike." "Techlash" is a shorthand reference to a variety of impulses by government and others to shape markets, services, and products; protect local interests; and step in early to prevent potential harm to competition or consumers. more

New Zealand’s Domain Name Commission Wins Appeal in Lawsuit Against US DomainTools

New Zealand's Domain Name Commission (DNC) wins in court against the US company DomainTools for "illegally scrapping personal information" of .nz domain name owners. more

ICANN: A Concrete “Thin Contract” Proposal

It looks as if ICANN is going to require applicants for new TLDs to agree (in advance) not to negotiate a changed contract with ICANN. We agree that streamlining the process is in everyone's interest. Along those lines, we are proposing a substantially thinner contract that ICANN and new registries could use. Existing registries should also be allowed to sign up to this contract, if they wish. more

Businesses and Intellectual Property Owners Discuss GDPR and WHOIS Issues With ICANN and Community

On January 24, 2018, ICANN's Business Constituency (BC) and Intellectual Property Constituency (IPC) co-hosted an event to discuss the EU's General Data Protection Regulation (GDPR) and its implications on access to the WHOIS database. ICANN's CEO and General Counsel joined the discussion, as did stakeholders from across the ICANN community. The event was timely and well attended with over 200 participants attending in-person or virtually. more

Does Bell Really Have a P2P Bandwidth Problem?

Bell filed its response to the Canadian Association Of Internet Providers (CAIP) submission to the Canadian Radio-television and Telecommunications Commission (CRTC) on its throttling practices yesterday, unsurprisingly arguing that its actions are justified and that there is no need to deal with the issue on an emergency basis. Several points stand out from the submission including its non-response to the privacy concerns with deep-packet inspection... and its inference that P2P usage could be deemed using a connection as a "server" and therefore outside the boundaries of "fair and proportionate use" under typical ISP terms of use. more

New WHOIS Definition Survives Marrakech ICANN Meeting

For now, it appears that the new, more technically focused and privacy-friendly definition of the purpose of Whois survived the Marrakech meeting. The U.S. Government and the copyright and law enforcement interests mounted a major onslaught against the Generic Names Supporting Organization (GNSO) action, using the Governmental Advisory Committee (GAC) as their pressure point.  more

European Data Protection Supervisor Smacks ICANN Over Privacy Issues With 2013 RAA

ICANN has been sent a letter by the European Data Protection Supervisor calling them out with respect to both data collection, retention and privacy within the context of the 2013 Registrar contract (RAA). The letter is the first instance of one, to my knowledge, which makes reference to the ECJ's recent ruling that rendered the data retention directive null and void. more

From Wikileaks of 2012 to Snowden’s NSA Leaks of 2013: Implications for Global Internet Governance

2012 will always be remembered as the Year of Wikileaks. Similarly, 2013 shall also be remembered as the year that Edward Snowden, a computer security specialist and former CIA employee and National Security Agency contractor, leaked classified information regarding the NSA global surveillance programs. Whilst Wikileaks was about US diplomatic cables, the Edward Snowden disclosure of classified NSA information to private media organizations such as the UK Guardian newspaper has had graver implications for global Internet privacy. more