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COVID-19, WHOIS, and the Pressing Need for Help With Domain Name System Abuse

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

WIPO Snafu Over britishmuseum.org Case?

WIPO just published a decision regarding the domain dispute over the britishmuseum.org domain name. At first glance, everything seems alright. The world famous British Museum won in a default judgment as the current registrant (the respondent) never replied). However, drill a little deeper and something is amiss. The "parties" section of the case lists the respondent as "British Museum Resources, Limited, West Bay, George Town, Kentucky, United States of America." more

ICANN’s WDPRS Report and Plan to Clean Up Whois Records

ICANN's recently released report, ICANN's Whois Data Accuracy and Availability Program: Description of Prior Efforts and New Compliance Initiatives [PDF], is a summary of the Whois Data Problem Report System's (WDPRS) reports spanning a one-year period that concluded at the end of Fenruary 2007. In case you're not familiar with the WDPRS, it's system that tracks complaints about inaccurate or incomplete whois entries. Notable facts from the report include: There were 50,189 reports for which ICANN received follow-up responses during the year... more

Online Critics and Unlawful Harassment from Trademark Holders

The following is based on my experience and interpretation of the UDRP and the relevant laws of the United Kingdom and European Union. This is not legal advice but just my own experience and interpretation. How does a UK citizen create a non-commercial trademark.tld parody criticism website and avoid harassment from the trademark holder? Here are the steps... more

Meeting Report: ICANN’s Registration Data Request Service Requestor Experiences

During CSG Open Working Session at ICANN79, Members from the ICANN Community were invited to an open meeting to share their experiences with Registration Data Request System (RDRS) from the Requestor side. As President of the Edgemoor Research Institute (ERI), I had the honor to present the keynote address and I am pleased to be able to provide you with ERI's report of the meeting. more

What’s Up With WEIRDS?

The IETF WEIRDS working group is defining a follow-on to WHOIS. Since this is the IETF, it's working on the technical issues about which it can deal with, not policy which is up to ICANN and the country registries. Somewhat to my surprise, the group is making steady progress. We've agreed that the basic model is RESTful, with queries via http, and responses as JSON data structures. The protocol is named RDAP for Registration Data Access Protocol, or maybe RESTful Data Access protocol. more

More Privacy for Domain Registrants – Heightened Risk for Internet Users

A recent exchange on CircleID highlighted a critical need for data to inform the debate on the impact of ICANN's post-GDPR WHOIS policy that resulted in the redaction of domain name registrant contact data. A bit of background: in my original post, I made the point that domain name abuse had increased post-GDPR. A reader who works with a registrar (according to his bio) commented: "Can you back up that statement with data? Our abuse desk has actually seen a reduction in abuse complaints." more

The Latest on GDPR and WHOIS

GDPR. It's the four-letter "word" everyone is talking about, and there are lots of questions still swirling around the topic. We wanted to provide a summary of where we are and what we believe the next ten days will bring... GDPR enforcement will begin May 25, 2018. After this date, those found in violation of the regulation can be fined up to 4% of annual global turnover or 20 Million Euros, whichever is greater. more

NIS2 Article 28 Guidance: A Positive Step Toward Reducing DNS Abuse Across Europe

The European Union (EU) has set a high bar by tackling domain name system (DNS) abuse head on via government regulation and seems to have successfully resisted attempts to water down DNS stewardship obligations. Recent guidance from a key European Commission cooperation group (the NIS Cooperation Group) handling sections of the Network and Information Security Directive (NIS2) intends for a robust implementation of Article 28, which will go a long way toward helping to mitigate some of the longstanding problems that persist in the DNS. more

Article 22 of the GDPR Should Not Preclude Contemplated Automation

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

Once Upon an EPDP

The new year has only just begun, but the work of ICANN's Expedited Policy Development Process for gTLD Registration Data (EPDP for short) is already in full swing. The team just wrapped up several days of meetings in Toronto and I thought it would be a good time for an update on where we are in the process. Before I go any further, I would be remiss if I didn't again take the opportunity to thank the ICANN team supporting our efforts. more

ICANN 55 Next Week In Marrakech - What to Expect

As you may know, ICANN holds three public meetings every year. The most recent one, ICANN 54, was held in Dublin... So the next ICANN meeting is being held in Marrakech, Morocco starting Saturday, March 5th through March the 10th. Up until now all three meetings were the same length and had the same basic structure. However, from this year onwards, that'll change. How that will play out in reality, however, is anyone's best guess. more

How to Improve WHOIS Data Accuracy

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. more

It’s Time for Privacy Progress in ICANN

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. more

Still No Access to WHOIS Data

The ICANN 64 meeting in Kobe concluded two weeks ago, and we are no closer to accessing WHOIS data critical for law enforcement, cybersecurity threat investigators, intellectual property owners, or other consumer protection advocates who rely on the data to act quickly against online abuse in the domain name system. Instead of a balanced approach to WHOIS that serves the public interest, the ICANN Board is set to approve a new global policy that fails to even fully acknowledge critical... more