March 5, 2012

ICANN Preview: WHOIS and Privacy

Filed under: ICANN, WHOIS, code, domain names, privacy — wseltzer @ 5:39 pm

Next week, ICANN will meet in San Jose, Costa Rica. While we’ve only just barely seen the schedule, it’s clear we’ll be hearing a lot about WHOIS. The WHOIS Review Team’s draft final report is out for public comment.

In addition, ICANN just posted a summary of negotiations around the Registrar Accreditation Agreement and Law Enforcement requests. First among those requests from law enforcement:

(a) If ICANN creates a Privacy/Proxy Accreditation
Service, Registrars will accept proxy/privacy registrations only
from accredited providers; (b) “Registrants using privacy/proxy
registration services will have authentic Whois information
immediately published by Registrar when registrant is found to be
violating terms of service”

Now, even the WHOIS Review Team, which was not heavy with privacy advocates (thanks to those who were there!) acknowledged several legitimate uses of privacy or proxy services in domain registration, including from companies seeking to hide upcoming mergers or product launches; organizations sharing minority or controversial viewpoints; individuals; and webmasters registering on behalf of clients. The Non-Commercial Stakeholders Group listed others who might be concerned about publishing identities in domain registration in comments on a .CAT privacy amendment.

Would the proposed amendments (whose language is apparently agreed-upon but unshown to the broader community) protect these interests? Would they protect the confidentiality of an attorney-client relationship, where the attorney acted as proxy for a client? Will we all have to use ccTLDs (such as .is) whose operators are not bound by these rules? More once we hit the ground in San Jose…

Powered by WordPress