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The European Union (EU) has set a high bar by tackling domain name system (DNS) abuse head on via government regulation and seems to have successfully resisted attempts to water down DNS stewardship obligations. Recent guidance from a key European Commission cooperation group (the NIS Cooperation Group) handling sections of the Network and Information Security Directive (NIS2) intends for a robust implementation of Article 28, which will go a long way toward helping to mitigate some of the longstanding problems that persist in the DNS.
Over the past twenty years of my engagement in the ICANN multistakeholder process, one topic that has always been near and dear to me has been improving the accuracy and access to domain name registration data in a way that respects the legal rights of both registrants and requestors of registration data. Sadly, the glacial pace at which ICANN develops and implements policy has prevented a holistic solution to the problem.
ICANN must act now to harmonize its domain name registration data (commonly known as WHOIS) policies with Article 28 of the European Union's Network and Information Security (NIS2) directive, first to adhere to applicable laws as it fulfills its oversight responsibilities and, second, to keep its word to the community to preserve WHOIS to the fullest extent possible under law.
On June 9 CircleID published an insightful article by Thomas Rickert entitled "Demystifying Art 28 NIS2." In that piece Thomas set forth two alternative interpretations of Article 28(6) of NIS2, and argued that TLD registries should not be required to maintain a separate database of the registrant data under NIS2. In my view, Thomas' approach is inconsistent with the remainder of Article 28, and would not achieve the goals of NIS2 to improve cybersecurity across the EU member states.
Now just more than a quarter of the way into the pilot program, ICANN's Registration Data Request Service (RDRS) again will be the subject of intensive discussions during the ICANN80 meeting in Kigali in early June. This includes further consultations hosted by the Commercial Stakeholder Group (CSG) and including registrars, data requestors and ICANN Org.
I recently appeared on the 419 Consulting podcast to discuss the European Union's NIS 2.0 Directive and its impact on the domain name ecosystem. I encourage all TLD registries, domain name registration service providers, and DNS operators to listen to the recording of that session which Andrew Campling has made available.
As a member of the ROW Planning Committee, I am writing this post on behalf of the Committee and welcome all community members to join us on June 4th. We are celebrating ROW's 10th anniversary! A decade of collaboration and inspiration! Thank you to the incredible community that has fueled this journey!
The EU has once again turned its attention to domain name registration data (WHOIS) -- this time reinforcing requirements to collect, maintain, verify, and disclose WHOIS for IP enforcement purposes through its "Commission Recommendation" on measures to combat counterfeiting and enhance the enforcement of IP Rights. Published last month, this regulatory action demonstrates the EU's commitment to restore WHOIS despite...
During CSG Open Working Session at ICANN79, Members from the ICANN Community were invited to an open meeting to share their experiences with Registration Data Request System (RDRS) from the Requestor side. As President of the Edgemoor Research Institute (ERI), I had the honor to present the keynote address and I am pleased to be able to provide you with ERI's report of the meeting.
Last November, ICANN launched a ticketing system for those interested in obtaining domain name registration data ("WHOIS"). Titled Registration Data Request Service, or RDRS, the portal aims to direct requests for WHOIS data to participating registrars, who then decide whether or not to disclose the data.
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