Whois

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.

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.

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?

WHOIS Access and Interim GDPR Compliance Model: Latest Developments and Next Steps

WHOIS access and development of an interim GDPR compliance model remains THE hot topic within the ICANN community. Developments are occurring at a break-neck pace, as ICANN and contracted parties push for an implementable solution ahead of the May 25, 2018 effective date of the GDPR... ICANN is now poised to formally publish the convergence model, although the community continues to discuss and seek a solution that is acceptable for all stakeholders.

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.

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.

Preparing for GDPR’s Impact on WHOIS - 5 Steps to Consider

With GDPR coming into effect this May, it is almost a forgone conclusion that WHOIS as we know it today, will change. Without knowing the full details, how can companies begin to prepare? First and foremost, ensuring that brand protection, security and compliance departments are aware that a change to WHOIS access is on the horizon is an important first step. Just knowing that the ability to uncover domain ownership information is likely to change in the future will help to relieve some of the angst that is likely to occur.

ICANN Maps Whois Models for GDPR

Earlier today ICANN held a webinar to provide an update on their data privacy activities in relation to whois and GDPR. Rather than simply talking about the various "models" they produced both a visual mapping as well as a matrix. While some attendees may not agree with how all the models are classified it is still a helpful way of showing the deviations from the current fully public whois model for gTLD domain name registrations.

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.

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.