In Ripley Scott's classic 1982 science fiction film Blade Runner, replicant Roy Batty (portrayed by Rutger Hauer) delivers this soliloquy... "I've...seen things you people wouldn't believe... Attack ships on fire off the shoulder of Orion. I watched C-beams glitter in the dark near the Tannhäuser Gate. All those... moments... will be lost in time, like (cough) tears... in... rain. Time... to die."
Earlier this month, the Internet Corporation for Assigned Names and Numbers (ICANN) held its 51st public meeting in Los Angeles. Once again, MarkMonitor joined stakeholders from across the globe to discuss issues ranging from government control over the Internet, to key lessons learned thus far from the new gTLD rollout. This coming year promises to be a big one for ICANN, and for the business and brand community as a result.
A major concern about the present WHOIS is the level of data inaccuracy. The Expert Working Group (EWG) on Registration Directory Service (RDS), of which I had the pleasure of being a member, spent considerable time figuring out how to improve WHOIS data accuracy. The EWG in its final report proposed a new system, the RDS, which we believe will significantly address the flaws in the current WHOIS, including the data inaccuracy challenge.
It has been my distinct pleasure to serve on ICANN's Expert Working Group on gTLD Directory Services (EWG). We put in many long months and what seemed like countless hours of research, discussion, meetings, and deliberations on how to tackle a clean-slate approach to gTLD directory services, popularly known as "WHOIS". In our Final Report, the Expert Working Group (EWG) recommended a Registration Directory Service (RDS) to replace today's WHOIS, providing a next-generation system to better meet the needs of the evolving global Internet with greater accuracy, privacy, and accountability.
Today, anyone can use WHOIS to identify the organization or person who registered a gTLD domain name, along with their postal address, email address, and telephone number. Publishing this data has long been controversial, creating a system riddled with problems. On one hand, anonymous access to all WHOIS data enables misuse by spammers and criminals and raises concerns about personal privacy. On the other hand, incomplete or false WHOIS data prolongs Internet outages and leaves crime victims with little recourse.
August 2014 is proving yet again to be an amusing month in the Australian political scene, and in this case the source of the amusement was watching a number of Australian politicians fumble around the topic of digital surveillance and proposed legislation relating to data retention measures. The politicians assured us that the proposed data retention measures were nothing untoward, and all that was being called for was the retention of "metadata" by Australian ISPs for a period of two years.
ICANN has opened a comment period in relation to whois conflicts with local law / data privacy law. Of course anytime ICANN, or anyone else, tries to make any changes to whois policy there are issues. Whois is, for a variety of reasons, an emotive subject... under EU law many feel that registration details for domain name registrants need to be handled in a manner that is more compatible with the EU Directives and local law
With so many new gTLDs moving into their respective general availability periods, and incidents of cybersquatting beginning to appear, many companies are now looking towards the URS (Uniform Rapid Suspension) as a possible solution for quickly remediating abuse. As a reminder, domains that are the subject of a successful URS ruling are suspended for the remainder of the registration term, or can be renewed for an additional year at the current registrar.
The ICANN Board has approved the community recommendation that "the provision of Thick Whois services should become a requirement for all gTLD registries, both existing and future." We have long supported the migration from 'thin' to 'thick' Whois, which will improve both quality and ease of access to Whois data, thereby further facilitating intellectual property enforcement online. The ICANN community has debated the merits of migration from 'thin' to 'thick' Whois for years, as part of the larger Whois Review process.
Privacy issues have been important to parts of the ICANN community for many years. I can attest to that fact as a long time veteran of Whois debates as far back as 1998 when I was with the U.S. Federal Trade Commission. However, they have started to receive the general ICANN community visibility only relatively recently. These efforts must continue in order to protect rights, to avoid increasing potential conflicts between ICANN rules and applicable laws, and to generally maintain trust in the Internet as a place to be.
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