On 11 December 2017, about 25 participants from Europe and the US attended the public consultation for the brand new GDPR Domain Industry Playbook by eco (Association of the Internet Industry, based in Germany) at the representation of the German federal state Lower Saxony to the European Union in Brussels. The General Data Protection Regulation (GDPR) poses a challenge for the Registries, Registrars, Resellers and ICANN.
A colleague was recently commenting on an article by Michele Neylon "European Data Protection Authorities Send Clear Message to ICANN" citing the EU Data Commissioners of the Article 29 Working Party, the grouping a determinate factor In the impending death of WHOIS. He is on point when he said: What the European Data Protection authorities have not yet put together is that the protection of people's mental integrity on the Internet is not solely due to the action of law enforcement...
Steeped deep in discussions around the European Union's General Data Protection Regulation (GDPR) for the past several months, it has occurred to me that I've been answering the same question for over a decade: "What happens if WHOIS data is not accessible?" One of the answers has been and remains the same: People will likely sue and serve a lot of subpoenas. This may seem extreme, and some will write this off as mere hyperbole, but the truth is that the need for WHOIS data to address domain name matters will not disappear.
Given that it's been a few years since my last domain name year in review, I've really enjoyed looking back at this year's biggest domain name stories and seeing how this industry has evolved. This year, in particular, has seen some notable changes which are likely to impact the domain name landscape for years to come. So without further ado, here is my list for 2017.
Why does all of the discussion around potential options for WHOIS in the era of the EU's GDPR (General Data Protection Regulation) feel like déjà vu? Is it because issues around WHOIS never really go away, and become a hot topic every few years? Is it because no one is really happy with the current system? Privacy advocates would be delighted to do away with it altogether, while business and Intellectual Property professionals press for improvements to accuracy and availability, which I fully support.
There are thousands of sites and services on the 'net that offer domain name whois lookup services. As of last night, many of them may have stopped working. Why? Many of them rely on fairly rudimentary software that parses the whois from Verisign (for .com and .net) and then relays the query to the registrar whois. The site or service then displays the whois output from the registrar's whois server to you.
The information in WHOIS database is very important to Law Enforcement Agencies, Intellectual Property Owners, and all Internet Users in general, who use this data to locate/contact domain name owners for various purposes including but not limited to enforcing laws or addressing grievances related to cybercrime and other cases of DNS abuse like Spam, Phishing, Malware etc. However, Privacy and Proxy Services are also available for many Top Level Domain Registries...
In March, I posted a call to action to those of us in the community who have the inclination to fight against a movement to redact information critical to anti-abuse research. Today, I felt compelled to react to some of the discussions on the ICANN discussion list dedicated to the issue of WHOIS reform: Sorry, not sorry: I work every working hour of the day to protect literally hundreds of millions of users from privacy violating spam, phish, malware, and support scams.
The Registration Operations Workshop (ROW) was conceived as an informal industry conference that would provide a forum for discussion of the technical aspects of registration operations in the domain name system. The 6th ROW will be held in Madrid, on Friday May 12th 2017 in the afternoon, immediately after the GDD Industry Summit and prior to ICANN DNS Symposium and OARC 26, using the same venue as all above-mentioned events.
TL;DR? It's worth reading, BUT, if not -- ICANN has yet another group looking at WHOIS, and there is a huge push to redact it to nothing. I spend easily half my day in WHOIS data fighting online crime, losing it would not make my job harder, it will make it impossible. PLEASE JOIN THE ICANN GROUP and help us fight back against people who are fighting in favour of crime.
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