The recent adoption at the end of December of the new EU Directive for a high level of cybersecurity across the Union -- commonly referred to as "NIS2" - paved the way for important updates to the domain name system (DNS). Most significantly, Article 28 of NIS2 and its related recitals resolved any ambiguities about the public interest served by a robust and objectively accurate WHOIS system that permits legitimate access by third parties to data... more
WHOIS is about to become even harder to find. ICANN has recently concluded long-delayed contract negotiations with industry meant to accommodate the technical migration from the WHOIS protocol to the Registration Data Access Protocol (RDAP). Instead of limiting the changes to what's necessary to implement the new technical protocol, the proposals effectively gut WHOIS, making it virtually impossible to find by eliminating web-based WHOIS access... more
After years of work on a proposed standardized system of WHOIS data disclosures (referred to as SSAD), and over a year of operational assessment of the proposal by ICANN itself, the ICANN Board seems poised to reject the proposal. And rightly so. The proposed SSAD is entirely watered down, fractured, and affords no oversight powers to ICANN regarding disclosure decisions that would continue to be left to the complete discretion of individual registrars (the very parties ICANN oversees). more
We're halfway into ICANN71, and early interactions are posing questions about ICANN Org's capability to carry out its mission to maintain an orderly domain name system (DNS). Or, if that's not the case, ICANN leadership seems bent on a hands-off approach to its oversight responsibilities to the DNS. For years now - years - the ICANN community has raised the volume level about acute issues -- a workable Whois management and access system (including clearly delineated controllership)... more
In the world of ICANN and Internet policy, complexity is manufactured to create an illusion that issues are impenetrably technical such that normal and everyday principles can't apply. This causes a pervasive and entrenched phenomenon of eyes that glaze over at the mere mention of the word "ICANN" -- including those of government regulators and other officials that might otherwise take more of an active interest. more
We all use the Internet daily. Practically every element of our reality has its equal in the virtual realm. Friends turn into social media contacts, retail establishments to e-commerce shops, and so on. We can't deny that the way the Internet was designed, to what it has become, differs much. One example that we'll tackle in this post is the seeming loss of connection between domains and their distinguishable owners. more
How much phishing is there? Where is it occurring, and why? How can it be reduced? I and my colleagues at Interisle Consulting have just published a new study called Phishing Landscape 2020, designed to answer those questions. We assembled a deep set of data from four different, respected threat intelligence providers and enriched it with additional DNS data and investigation. The result is a look at phishing attacks that occurred in May through July 2020. more
There is an ongoing disagreement among various members and groups in the ICANN community regarding automation -- namely, whether and to what extent automation can be used to disclose registrant data in response to legitimate data disclosure requests. A major contributing factor to the complications around automation has been confusion about how to interpret and apply Article 22 of the GDPR. more
As widely reported, and not surprising, the internet is swimming in COVID-19 online scams. Criminals, accustomed to rapidly grabbing online territory during times of crisis and profiting from public fear, are working overtime in the face of the coronavirus. Unfortunately, ICANN's failure to enforce its minimal WHOIS and DNS abuse requirements has resulted in delayed mitigation efforts at a time when swift responses are needed to protect the public from COVID-19 scams. more
Muscle memory is a funny thing. We don't even think about it really, but when we do the same thing over and over again, it just becomes second nature to us. This is how we've come to use WHOIS over the past two decades to get contact information for registered domain names. If you wanted to see who owned a domain, you'd simply do a WHOIS search. I've probably done hundreds of thousands of them during my time in the industry. Well as of this week, a major step in the retirement of WHOIS officially took place. more
Amazingly enough, summer is rapidly ending as kids head back to school, the temperatures in the mornings are just slightly cooler, and soon enough jeans and sweatshirts will be upon us. It also means that the important work on ICANN's temporary specification regarding WHOIS relative to GDPR has already aged a few months. The ICANN Board adopted the temporary specification in May 2018 and it became effective on the 25th of the month. more
The European Data Protection Board certainly has been keeping its records straight. Its 27 May statement starts with the following: "WP29 has been offering guidance to ICANN on how to bring WHOIS in compliance with European data protection law since 2003." All internet users have dealings with the Internet Corporation for Assigned Names and Numbers, yet the vast majority have never heard of ICANN. more
The need for an access model for non-public Whois data has been apparent since GDPR became a major issue before the community well over a year ago. Now is the time to address it seriously, and not with half measures. We urgently need a temporary model for access to non-public Whois data for legitimate uses, while the community undertakes longer-term policy development efforts. more
German courts seem to be pretty fast, so instead of having to wait weeks or months to see how they'd rule, we've already got the answer. The German court in Bonn has ruled that EPAG (Tucows) is not obliged to collect extra contacts beyond the domain name registrant. The decision, naturally, is in German, but there is a translation into English that we can use to understand how the court arrived at this decision. more
Germany-based ICANN-accredited registrar EPAG owned by Tucows has informed ICANN that it plans to stop collecting Whois contact information from its customers as it violates the GDPR rules. more