The introduction of GDPR in 2018, and the subsequent tightening of privacy regulations around the world, was a necessary step toward protecting user data. Consumers gained critical rights over their personal information, and companies were forced to adopt stronger standards for how they collect, store, and use that data.

However, one unintended consequence has been the erosion of access to domain registration information once easily available through WHOIS databases.

Today, legitimate actors tasked with brand protection, cybersecurity, and intellectual property enforcement face increasing difficulty in verifying domain ownership, tracking abusive registrations, and responding quickly to threats. As the internet becomes more privacy-centric, the systems designed to establish trust and transparency online are struggling to keep up.

The need to protect personal information is indisputable—but so is the need to protect businesses, consumers, and the digital economy itself. It is time to rethink how we manage domain verification in a way that respects privacy while still enabling accountability, brand protection, and public safety.

The Limitations of Current WHOIS Systems

The WHOIS system was originally built to allow anyone to look up basic information about who owns a domain name. For decades, it served as a key tool for investigators, IP holders, law enforcement, and cybersecurity professionals.

Post-GDPR, however, the WHOIS landscape changed dramatically:

• Most registrars began redacting registrant information by default to avoid compliance risks.
• Access to full WHOIS records often now requires lengthy authentication, disclosure requests, or court orders.
• Even legitimate users, such as brand protection teams or regulatory agencies, encounter delays that can severely undermine their ability to act quickly against threats.

In short, WHOIS is no longer a reliable, real-time source of domain ownership data. The infrastructure for verifying digital identity at the domain level has fractured—creating operational challenges for businesses and opening new opportunities for bad actors to exploit.

In many cases, those who would use WHOIS responsibly—to combat phishing, enforce trademarks, or stop brand impersonation—are left with limited visibility, while malicious actors continue to exploit the gaps.

Brand Protection and Cybersecurity Implications

The inability to quickly verify who owns a domain has serious consequences far beyond inconvenience. It impacts:

• Brand Protection: Companies struggle to monitor and take action against infringing domains, counterfeit sites, and impersonators. Without access to timely ownership data, enforcement actions are delayed, and abusive sites remain active longer—causing financial and reputational harm.
• Cybersecurity: Threat actors can register malicious domains with impunity, using privacy shields to hide their identities and activities. This hampers efforts to dismantle phishing campaigns, disrupt botnets, and hold cybercriminals accountable.
• Consumer Trust: As phishing and brand impersonation increase, consumers are left more vulnerable. The erosion of visible verification signals—like WHOIS ownership data—makes it harder for individuals to distinguish legitimate websites from fraudulent ones.

In today’s digital economy, where trust underpins every online interaction, the current gaps in domain transparency are not just regulatory issues—they are brand, business, and national security issues.

Toward a New Model: Balancing Privacy and Accountability

Moving forward, the domain ecosystem must find a new balance between protecting personal data and enabling legitimate verification. Several approaches could contribute to a more functional framework:

1. Tiered Access Models

One promising solution is the adoption of tiered access systems. Under this model, vetted groups—such as law enforcement, cybersecurity professionals, and accredited brand protection agents—would be granted controlled access to non-public registration data.

By segmenting access based on verified credentials and purpose, it is possible to preserve personal privacy for the general public while enabling essential investigations and enforcement efforts.Efforts like ICANN’s Registration Data Access Protocol (RDAP) specification offer a blueprint for more structured, tiered access at a global scale.

2. Verified Registrant Frameworks

Another pathway is encouraging or requiring domain registrants to validate their identities through trusted third parties, much like Know Your Customer (KYC) standards in finance.

Rather than exposing registrant information publicly, this model would allow for the creation of an underlying verification layer—assuring that domain owners are who they claim to be, without necessarily revealing private details unless legally warranted.Verification would add a level of legitimacy to domain ownership and deter abuse by increasing the cost and risk of operating anonymously.

3. Streamlining Legitimate Access Requests

Currently, even when legitimate parties have a right to access registration data, the process is often slow, fragmented, and inconsistent across jurisdictions and registrars.

Encouraging the development of standardized, secure, and privacy-compliant systems for processing legitimate access requests could dramatically improve response times. Automated frameworks—built with transparency, authentication, and auditability in mind—could ensure that enforcement efforts are not hamstrung by bureaucracy, while still respecting privacy obligations.

Without streamlined access, threats can proliferate unchecked for days or weeks, significantly raising the risks to consumers and brands alike.

4. Policy Collaboration

Ultimately, no single stakeholder can solve this challenge alone. Coordination between ICANN, regional regulators, national governments, and domain industry participants is essential.

Policies must evolve to recognize that privacy and security are not opposing forces—but dual imperatives that must be balanced carefully. Clearer, more harmonized guidelines around domain data access could reduce regulatory uncertainty and help create a more trustworthy and resilient digital ecosystem.

The Role of NIS2 and Future Regulation

The European Union’s NIS2 Directive, now being implemented across member states, introduces new obligations for registries and registrars to verify domain holder information and ensure the accuracy of registration data.

This trend toward mandated verification reflects a broader recognition: the lack of reliable domain data is not merely an inconvenience—it is a systemic vulnerability.

As NIS2 takes effect, U.S. companies with European operations and global brands managing domain portfolios across multiple jurisdictions will need to adapt their strategies. Data accuracy, proactive monitoring, and cross-border compliance will become even more critical pillars of effective brand and cybersecurity management.

Looking ahead, similar regulatory trends could emerge in other regions, further reinforcing the need for scalable, privacy-conscious domain verification practices.

Rebuilding Trust in a Post-WHOIS World

As privacy laws continue to evolve, the internet community must not lose sight of the original purpose of domain registration data: enabling transparency, accountability, and trust.

Rather than abandoning these principles, the domain industry must innovate—developing solutions that respect individual privacy while empowering those tasked with protecting the digital ecosystem.

The post-WHOIS era demands answers that are both privacy-preserving and verification-enabling. Only through thoughtful collaboration, smart policy design, and practical technological frameworks can we rebuild the trust that underpins the global internet.

The future of digital trust depends on getting this right.