Every time I witness another argument about changing the rules of the Whois system I marvel at how such an important core internet protocol could be so widely misunderstood. I don't mean that the protocol's technical details are not well understood -- it's a very simple device, easy to implement correctly and easy to use even for new users. I mean that the Whois system itself and its purpose in the Internet ecosystem is widely misunderstood. Everybody uses Whois and lots of people argue about Whois but precious few folks know why Whois exists in the first place. more
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
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
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
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
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
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
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
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
Garth Bruen reports on a paper published by the American Society of Law, Medicine & Ethics of Boston University School of Law authored by Bryan A. Liang and Tim Mackey titled, "Searching for Safety: Addressing Search Engine, Website, and Provider Accountability for Illicit Online Drug Sales". From the paper: "Online sales of pharmaceuticals are a rapidly growing phenomenon. Yet despite the dangers of purchasing drugs over the Internet, sales continue to escalate. These dangers include patient harm from fake or tainted drugs, lack of clinical oversight, and financial loss. Patients, and in particular vulnerable groups such as seniors and minorities, purchase drugs online either naïvely or because they lack the ability to access medications from other sources due to price considerations. Unfortunately, high risk online drug sources dominate the Internet, and virtually no accountability exists to ensure safety of purchased products." 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
This is the fifth part of a multi-part series reported by ICANNfocus. This part focuses on Securing the Quality of WHOIS Data. "Information for which ICANN has responsibility includes the WHOIS databases. ICANN has been given specific responsibilities for these databases under: 1) their contract with the U.S. government's Department of Commerce to perform the technical management of the Internet; and 2) their Memorandum of Understanding with the Department of Commerce." 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
Although, undoubtedly, it is disappointing, it is not surprising that after four years of experimenting with Internet governance, the first corporate entity to take on the ambitious task -- the Internet Corporation for Assigned Names and Numbers (ICANN) -- has not achieved the legitimacy of a global consensus-based manager of the Internet's domain name system. Simson Garfinkel explains, in his insightful piece in the March 2003 issue of Technology Review, that it has become conventional wisdom that "ICANN serves as a model for systematically shutting the public out" of its policy making activities. It should go without further explanation that the ICANN model is a particularly bad governance model, if consensus-building is supposed to be the corporation's linchpin of legitimacy. Among a few other concerns, ICANN, unmistakably, suffers from power-sharing phobia. more
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