Fabricio Vayra

Fabricio Vayra

Partner at Perkins Coie LLP
Joined on December 6, 2017
Total Post Views: 81,672

About

Fabricio Vayra concentrates his practice on intellectual property and Internet policy issues. He counsels corporate clients on comprehensive trademark and IP enforcement programs, domain name matters, and Internet governance policy strategies and related regulatory advocacy. He has been closely involved in the policy debates and stakeholder negotiations related to expanding the Internet through additional top-level domains and has also managed expansive IP enforcement programs and large corporate restructuring issues pertaining to trademarks and related license, acquisition and divestiture negotiations and agreements.

Featured Blogs

ICANN, or ICAN'T or IWON'T?

We're halfway into ICANN71, and early interactions are posing questions about ICANN Org's capability to carry out its mission to maintain an orderly domain name system (DNS). Or, if that's not the case, ICANN leadership seems bent on a hands-off approach to its oversight responsibilities to the DNS. For years now - years - the ICANN community has raised the volume level about acute issues -- a workable Whois management and access system (including clearly delineated controllership)... more

More Warning Shots for ICANN, or the End of the Road?

Last fall, I wrote about ICANN's failed effort to achieve its goal of preserving the Whois domain name registration directory to the fullest extent possible. I predicted that if the policy effort failed, governments would take up the legislative pen in order to fulfill the long-ignored needs of those combating domain name system harms. That forecast has now come true through significant regulatory actions in the United States and the European Union in the form of a proposed directive from the European Commission (EC) and instruction from the US Congress to the National Telecommunications and Information Administration (NTIA). more

A Failed Whois Policy

ICANN's two-year effort to purportedly preserve the Whois public directory to the greatest extent possible while complying with GDPR has failed. Under the latest proposal, the Whois database, once a contractually-required directory of domain name registrants, will be gutted to the point of virtual worthlessness, as registrars, registries, academics, and hand-wringing others ignored the public interest and imposed ever-higher barriers to legitimate, GDPR-compliant access to registration data. more

The End of the Road: ICANN, Whois, and Regulation

There's a well-documented crisis facing the domain name system: very few who rely on domain name registration data from the Whois database to perform vital functions can do so any longer, which is escalating consumer harm and abuse on the internet worldwide. And the problems, thanks to ICANN's overly restrictive policy post-GDPR and a failing policy process, are piling up. more

It's About Whois Display And Access

The need for an access model for non-public Whois data has been apparent since GDPR became a major issue before the community well over a year ago. Now is the time to address it seriously, and not with half measures. We urgently need a temporary model for access to non-public Whois data for legitimate uses, while the community undertakes longer-term policy development efforts. more

GDPR and What Comes Next: The Parade of Horribles

The compliance deadline for the European Union's General Data Protection Regulation (GDPR) is nearly upon us, the unveiling of a proposed model to bring WHOIS into compliance is said to come from ICANN next week, and everyone is scrambling to understand all that's involved. Implementation of a revised WHOIS model is clearly on the horizon, but what comes after may be the real story! Specifically, if WHOIS information becomes more than nominally restricted, what's the consequence to the data controllers (ICANN and the contracted parties) who implement this revised model? more

WHOIS Inaccuracy Could Mean Noncompliance with GDPR

The European Commission recently released technical input on ICANN's proposed GDPR-compliant WHOIS models that underscores the GDPR's "Accuracy" principle - making clear that reasonable steps should be taken to ensure the accuracy of any personal data obtained for WHOIS databases and that ICANN should be sure to incorporate this requirement in whatever model it adopts. Contracted parties concerned with GDPR compliance should take note. more

Eliminating Access to WHOIS - Bad for All Stakeholders

Steeped deep in discussions around the European Union's General Data Protection Regulation (GDPR) for the past several months, it has occurred to me that I've been answering the same question for over a decade: "What happens if WHOIS data is not accessible?" One of the answers has been and remains the same: People will likely sue and serve a lot of subpoenas. This may seem extreme, and some will write this off as mere hyperbole, but the truth is that the need for WHOIS data to address domain name matters will not disappear. more

Topic Interests

ICANNPolicy & RegulationDomain NamesLawWhoisPrivacyDomain ManagementInternet GovernanceDNSCybersecurity

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Popular Posts

The End of the Road: ICANN, Whois, and Regulation

ICANN, or ICAN'T or IWON'T?

It's About Whois Display And Access

WHOIS Inaccuracy Could Mean Noncompliance with GDPR

GDPR and What Comes Next: The Parade of Horribles