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Montreal ICANN Meetings Creating Some Irritations

Two controversial issues which were on the agenda of the Montreal ICANN meetings creating some irritation: the way of planning to create a country code support organization (ccNSO), and the discussions around the purpose and operation of WHOIS – the database of registrants of domains. Without going into the history of the ccTLDs withdrawing from their former role within the DNSO and moving towards a self organized structure, there is an obvious conflict revolving around the term... more

Game Over for Public Whois? Article 29 Gives ICANN the Advice It Asked For

We've talked about the conflicts between our ICANN contract and privacy law in the past. Not once, not twice, but multiple times. We refused to sign the 2013 Registrar Accreditation Agreement (RAA) with ICANN until we'd received a data retention waiver. That decision probably cost us money, but if we have to choose between operating legally or illegally our path is clear. more

Investigating Domain Name Crime: Challenges and Essential Techniques

Who would think that so much could go wrong with something as seemingly innocent as a domain name? As cybercrime continues to evolve, causing devastating reputational and financial losses to businesses and organizations, web addresses are used as a weapon -- and it's not always easy to notice their many faces. In this article, let's take a look at the domain name crime landscape, discuss the current challenges investigators and legitimate registrants face, and talk about some useful techniques. more

M3AAWG and APWG Do the Best Survey Yet on WHOIS Redaction

M3AAWG, the Messaging, Malware, and Mobile, Anti-Abuse Working Group and APWG, the Anti-Phishing Working Group, surveyed their members about recent WHOIS changes. With over 300 results from security researchers, it's the broadest report yet on WHOIS use. The survey results confirm our concerns that WHOIS was a vital resource for security research, and its loss is a serious and ongoing problem. more

How Domain Data Helps Thwart BEC Fraud

It's true, domain data has many practical uses that individuals and organizations may or may not know about. But most would likely be interested in how it can help combat cyber threats, which have been identified as the greatest risks businesses will face this year. Dubbed as the greatest bane of most organizations today, cybersecurity can actually be enhanced with the help of domain data. How? more

ICANN’s ePDP - An Insider’s Perspective

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

Have You Had Your GDPR Training Today?

The suggestion was recently put to the GNSO Council: anyone who becomes a member of a proposed new Expedited Policy Development Process (EPDP) must be able to demonstrate that they have basic knowledge of privacy and data protection. This makes a lot of sense: Would you trust a lawyer who had never been to law school? Or a doctor who had never studied medicine? Of course not. Recently I asked members of our ICANN Community: have you had any GDPR training, classes, or certification? more

ICANN 51: Los Angeles - Getting Ready for a Big 2015

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. more

Wither WHOIS!: A New Look At An Old System

No, that title is not a typo. The WHOIS service and the underlying protocol are a relic of another Internet age and need to be replaced. At the recent ICANN 43 conference in Costa Rica, WHOIS was on just about every meeting agenda because of two reasons. First, the Security and Stability Advisory Committee put out SAC 051 which called for a replacement WHOIS protocol and at ICANN 43, there was a panel discussion on such a replacement. The second reason was the draft report from the WHOIS Policy Review Team. more

The Netizen’s Guide to Reboot the Root (Part I)

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

The Internet Isn’t Privatized Until .com Is Put Out for Bid

Previously, this series tackled the terribly awful Amendment 35 to the NTIA-Verisign cooperative agreement and also made the case that the tainted presumptive renewal currently included in registry agreements is inherently anti-competitive. But renewing legitimacy and integrity of Internet governance requires accurately understanding the unique and significant role retained by the U.S. government following the IANA transition. more

Preparing for GDPR’s Impact on WHOIS - 5 Steps to Consider

With GDPR coming into effect this May, it is almost a forgone conclusion that WHOIS as we know it today, will change. Without knowing the full details, how can companies begin to prepare? First and foremost, ensuring that brand protection, security and compliance departments are aware that a change to WHOIS access is on the horizon is an important first step. Just knowing that the ability to uncover domain ownership information is likely to change in the future will help to relieve some of the angst that is likely to occur. more

NIS 2 Directive Set for Implementation with New Guidelines, But Concerns Remain

The NIS Cooperation Group has released critical guidance for the implementation of Article 28 under the NIS 2 Directive, focusing on registration data accuracy obligations for top-level domain (TLD) registries, registrars, and related services in the EU. 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

FTC Comment Period Emphasizes the Need for a Better WHOIS System

Late last year, the U.S. Federal Trade Commission - the governmental arm responsible for protecting Americans from unfair trade practices -- opened a comment period on a proposed "Trade Regulation Rule on Impersonation of Governments and Businesses." It's no surprise that those who are victims of or are battling online impersonation saw this as an opportunity to highlight the importance of a working domain name registration data system ("WHOIS") ... more