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We have posted our support of the WHOIS Policy Review Team Report with two important comments. First, on page 79 of the report it is confirmed that the RAA is unenforceable on WHOIS inaccuracy (we wrote about this while at the last ICANN meeting) because the language of RAA 3.7.8 has no enforcement provision. It is now time for ICANN to confirm this problem officially. more
Content inspection is a poor way to recognise spam, and the proliferation of image spam recently drums this home. However if one must use these unreliable techniques, one should bring mathematical rigour to the procedure. Tools like SpamAssassin combine content inspection results, with other tests, in order to tune rule-sets to give acceptable rates of false positives (mistaking genuine emails for spam), and thus end up assigning suitable weights to different content rules. If one is going to use these approaches to filtering spam, and some see it as inevitable, one better know one's statistics... more
Today is Holocaust Remembrance Day. Today we remember that the Nazis rounded up Jews, Roma, political dissidents, and other "undesirables" using the best data and technology of the day and sent them off to concentration camps. We don't normally deal with this type of political reality in ICANN, but now is the time to do so. In 1995, the recently formed European Union passed the EU Data Protection Directive. more
A recent statement released by the U.S. Federal Trade Commission emphasized that the Whois databases should be kept "open, transparent, and accessible," allowing agencies like the FTC to protect consumers and consumers to protect themselves: "In short, if ICANN restricts the use of Whois data to technical purposes only, it will greatly impair the FTC's ability to identify Internet malefactors quickly -- and ultimately stop perpetrators of fraud, spam, and spyware from infecting consumers' computers," the statement states." more
The Metropolitan NY Chapter of the Internet Society continued its popular series of public events at the Jefferson Market library in Greenwich Village with a panel discussion on WHOIS policy, moderated by Danny Younger. This is a contentious issue, involving tradeoffs between privacy, anonymity, and accountability. more
Social Science Research Network has published a paper examining "the large gaps and inconsistencies in current domain name law and policy" as compared with domain name use in the political context. The paper suggests that the current domain name policy is focused on protecting trademark uses of domain names against bad faith commercial 'cybersquatters' but does not deal with protecting use of domain names as part of the political process. more
The early designers of the Internet quickly realized that as the number of domain names flourished, there was a need for tracking domain name owners to resolve questions and conflicts that might arise. To that end, they created WHOIS, a public database with the names, phone numbers, email addresses, and mailing addresses of registered domain owners and operators. more
On May 25, 2018, the European General Data Protection Regulation (GDPR) came into effect, meaning that European data protection authorities (DPAs) can begin enforcing the regulation against non-compliant parties. In preparation, the ICANN Board passed a Temporary Specification for gTLD Registration Data - essentially a temporary policy amendment to its registrar and registry contracts to facilitate GDPR compliance while also preserving certain aspects of the WHOIS system of domain name registration data. more
This is the second part of a multi-part series reported by ICANNfocus. This part discusses the congressional concerns regarding ICANN's governance of the Internet. "Since 1999 Congress has repeatedly expressed serious concerns regarding ICANN's governance of the internet. Congress has substantial responsibility for overseeing the key aspects of internet governance. Among its specific responsibilities, Congress has the duty to oversee implementation of the Department of Commerce's Memorandum of Understanding (MOU) and contract with ICANN." more
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. more
As faithful CircleID readers will know, iREIT (Internet REIT, Inc.), a Texas domain name portfolio investment corporation, has been sued by Verizon and by Vulcan Golf for cybersquatting. It appears iREIT is taking steps to clean up its portfolio by deleting obvious typos of famous trademarks... more
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. more
Reporting from Brussels, Belgium. Since January KnujOn has been conducing its own audit of ICANN Registrar contractual compliance and illicit commerce within the generic Top-Level Domain (gTLD) space. Our findings are shocking. more
Reading through Brian Kreb's blog last week, he has an interesting post up on the White House's call upon the industry on how to formulate a plan to stem the flow of illegal pharmaceuticals...It is unclear to me whether or not the goal of this initiative is to stem the flow of online crime in general or to reduce the flow of illegal pharmaceuticals flowing into the United States (since presumably this cuts into the profits of large pharmaceutical companies... more
Bruce Young tells a story of an Internet user who gets into trouble because "his" domain name was registered in the name of a web hosting provider that went bankrupt later on...As far as registrars are concerned, ICANN is currently doing its homework on domain name portability. As far as web hosting companies are concerned, though, these suggestions only look appealing at first sight. Upon closer inspection, they wouldn't be good policy... more
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