CIRA Creates Backdoor WHOIS Exceptions for Police and IP Owners

Earlier this year, I wrote glowingly about the new CIRA whois policy, which took effect today and which I described as striking the right balance between access and privacy. The policy was to have provided new privacy protection to individual registrants -- hundreds of thousands of Canadians -- by removing the public disclosure of their personal contact information... Apparently I spoke too soon. more»

If WHOIS Privacy is a Good Idea, Why is it Going Nowhere?

ICANN has been wrangling about WHOIS privacy for years. Last week, yet another WHOIS working group ended without making any progress. What's the problem? Actually, there are two: one is that WHOIS privacy is not necessarily all it's cracked up to be, and the other is that so far, nothing in the debate has given any of the parties any incentive to come to agreement. The current ICANN rules for WHOIS say, approximately, that each time you register a domain in a gTLD (the domains that ICANN manages), you are supposed to provide contact information... WHOIS data is public, and despite unenforceable rules to the contrary, it is routinely scraped... more»

Lessons for the Internet Governance Forum from the IETF

As Antonios Broumas has correctly observed, the Internet Governance Forum (IGF) begins life in Athens next week without the means for its participants to agree upon any substantive documents such as resolutions or declarations. Indeed, according to Nitin Desai, the Chairman of its Advisory Group, it is impossible for the IGF to make any decisions, as it "is not a decision-making body. We have no members so we have no power to make decision."... more»

She Gave Me a Fake Phone Number!

The Intellectual Property Constituency, meeting at the ICANN conference in Vancouver, was interested in increasing ICANN's budget not because they thought they deserved it, but because they wanted ICANN to actually enforce the rules on the books about fake registrations. Now there's some evidence about how prevalent that is. If there's any surprise here, it's that the numbers are so low. more»

UN Global Forum on Internet Governance

More than 200 leaders from government, business and civil society attended the Global Forum on Internet Governance, held on 25 and 26 March 2004 and organized by the United Nations Information and Communication Technologies (ICT) Task Force. The forum, held at United Nations Headquarters in New York, was intended, according to a UN press release, "to contribute to worldwide consultations to prepare the ground to a future Working Group on Internet Governance to be established by Secretary-General Kofi Annan, which is to report to the second phase of the World Summit on the Information Society (Tunis, 2005)". more»

SiteFinder Is Leaking Data

I just discovered that VeriSign's SiteFinder Web site is leaking data submitted in Web forms to its marketing analysis partner, Omniture. Forms can easily contain personal information such as an email address. For the problem to occur, a Web form must use the GET method. This data spill problem occurs if a Web page anywhere on the Internet submits a Web form to an action URL with a misspelled or expired domain name. Because of VeriSign's recent controversial changes to the DNS system, this form data is submitted to the SiteFinder Web site.  more»

Whois Masking Considered Harmful

Whenever you register a domain name, your contact details are published in a publicly visible database called "Whois", where your contact details are instantly harvested by spambots and marketers who proceed to email and postal mail you marketing offers, deceptive "domain slamming" attempts, ads for dubious products, and perhaps even telemarketing calls. Nobody likes that, so over the years people started resorting to various tactics to protect themselves from the deluge of crap that inevitably comes with simply registering a domain name... more»

New CIRA Whois Policy Strikes Balance Between Privacy and Access

My weekly technology law column focuses this week on the new CIRA whois policy that is scheduled to take effect on June 10, 2008. The whois issue has attracted little public attention, yet it has been the subject of heated debate within the domain name community for many years. It revolves around the whois database, a publicly accessible, searchable list of domain name registrant information (as in "who is" the registrant of a particular domain name). more»

MSN Messenger is Censoring .info Domains

Reports have been surfacing on various blogs about Microsoft's MSN messenger users who have recently found URLs containing the .info top-level domain extension blocked entirely. Moreover the censorship is not limited to the URL in question, but any string in your message that contains the string ".info". Although significant number of spam sites have notoriously made use of cheaply available .info domains, users are raising serious concerns regarding Microsoft's privacy and censorship policies... more»

Do Not Enter - It's XXX

There soon will be a central place for Web surfers to dwell in a forbidden cyber land of adult fantasies, sex, dark rituals and total taboos. Finally, ICANN has given in to the pressure and has tossed a big rock across the turbulent e-commerce ocean. It has approved a new suffix, .xxx, for adult-only porn sites, creating ripples and debates in ever so confusing global cyber branding times when cyber global domain name challenges are being fought in the complex earthly trademark realities. Three things are bound to happen... more»

Whois Privacy vs. Anonymity

The Internet is often a lawless place. Everyone knows that there are many tricks and traps lurking on the Internet, just waiting to prey on unsuspecting and innocent users. Some of these traps will trash your computer while others will turn your PC into a zombie that will broadcast messages at the virus writer's command. ...The list of annoyances and downright criminal activities seem endless. ...To make the Internet a safer place both legislators and law enforcement are now focusing on the Internet. In the crossfire that's taking place there are many ideas that are being offered up. Some of them are good and some are not. One bad decision that was recently forced upon the Internet community (without hearings -- more on this later) was to eliminate private domain name registrations for .US domain names. ...It's important to understand the difference between privacy and anonymity. more»

NTIA Nixes Privacy Protection in Whois

Many registrars have gotten complacent about reforming the Whois-Privacy relationship. After all, they can sell additional privacy protection to their subscribers for an extra $5-10. Seems like a perfect "market oriented" interim solution, as the so-called "bottom up" policy development process of ICANN figures out how to provide tiered access. Not so fast. more»

Domain Registry Models: Thin or Thick?

The domain registrars discussion -- despite the occasional bizarrity -- mostly demonstrates that there is no unanimity among registrars on this issue. So, what arguments can be made in favor of either model, from a registrant's point of view? The thick domain registry model -- under the assumption that registries are more diligent with registrant data than some registrars may be -- helps take care of escrow concerns... more»

Comments to ICANN's Whois TF3

My general impression of the Task Force 3 (TF3) output was that it was a prettified way of accusing the community of internet users as being cheats and liars and demanding that the costs of trademark enforcement be offloaded from the trademark owners onto the backs of domain name registrants and the DNS registration industry. (It is amazing how often the trademark industry forgets that the purpose of trademarks is to protect the consumer's right and ability to identify goods and services and to distinguish such goods and services from one another.. The trademark industry forgets that trademarks are intended to benefit the customer, not the seller, and that any benefit to the seller is merely incidental.) more»

Using Whois to Enforce Law?

Before starting I'd like to remind you that there are two distinct Whois systems -- the one for IP address delegations and one for DNS registrations. I believe that the former is a useful system in which there are clear utility values that outweigh the privacy costs, and in which the person whose privacy is exposed has made a knowing choice. I do not believe that these arguments apply to the latter, the DNS, form of Whois. more»