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Pritz quits Whois privacy group as work enters impossible second phase

Kevin Murphy, February 22, 2019, Domain Policy

Kurt Pritz has quit as chair of the ICANN group working on Whois policy for the GDPR era.

He informed the Whois Expedited Policy Development Process working group in a notice to its mailing list today, saying he was leaving for “a set of personal and professional reasons”.

He said he will stick around until his replacement is selected.

I understand three people had put themselves forward for the role when Pritz was originally selected last July, so there may be a couple of alternates already waiting in the wings.

The announcement comes at a pivotal time for the EPDP, and whoever takes over is going to have to have some seriously masochistic tendencies.

The 30-odd member group just this week put the finishing touches to its “phase one” initial report, which primarily sets out the formal legal purposes for which Whois data is collected and processed across the domain name ecosystem.

That’s going to be voted on by the GNSO Council in a vote delayed from this week to March 4 at the request of the Intellectual Property Constituency and Business Constituency, which want more time to review and comment on it.

For the EPDP WG, it’s soon time to move on to phase two, which will cover the creation (or not) of a unified access mechanism that trademark owners and the like could use to snoop on redacted Whois data.

Even the relatively easy tasks in phase one have been absolute murder on the volunteers and ICANN staff, who have been putting in four or more hours of teleconferences per week since August.

I’ve just been dipping in and out of the mailing list and listening to the odd teleconference, and the level of nitpicking over language has been agonizing to listen to.

Essentially, virtually every debate comes down to a face-off between the IP interests who want to insert as much language concerning access as possible, and those, such as non-commercial users, who oppose them. It sometimes comes across like a proxy war between Facebook and the Internet Governance Project.

More than once, naturally mild-mannered Pritz has had to delegate control to firm-handed mediators drafted in from a specialist outside agency.

Whoever takes over as chair has got his or her work cut out.

Surprise! Most private Whois look-ups come from Facebook

Kevin Murphy, February 20, 2019, Domain Policy

Facebook is behind almost two-thirds of requests for private Whois data, according to stats published by Tucows this week.

Tucows said that it has received 2,100 requests for Whois data since it started redacting records in the public database when the General Data Protection Regulation came into effect last May.

But 65% of these requests came from Facebook and its proxy, AppDetex, that has been hammering many registrars with Whois requests for months.

AppDetex is an ICANN-accredited brand-protection registrar, which counts Facebook as its primary client. It’s developed a workflow tool that allows it, or its clients, to semi-automatically send out Whois requests to registrars.

It sent at least 9,000 such requests between June and October, and has twice sent data to ICANN complaining about registrars not responding adequately to its requests.

Tucows has arguably been the registrar most vocally opposed to AppDetex’s campaign, accusing it of artificially inflating the number of Whois requests sent to registrars for political reasons.

An ICANN policy working group will soon begin to discuss whether companies such as Facebook, as well as security and law enforcement interests, should be able to get credentials enabling them to access private Whois data.

Tucows notes that it sees spikes in Whois requests coinciding with ICANN meetings.

Tucows said its data shows that 92% of the disclosure requests it has received so far come from “commercial interests”, mostly either trademark or copyright owners.

Of this 92%, 85% were identified as trademark interests, and 76% of those were Facebook.

Law enforcement accounted for 2% of requests, and security researchers 1%, Tucows said.

ICANN director Burr leaving Neustar

Kevin Murphy, February 11, 2019, Domain Registries

Neustar is losing its chief privacy officer, Becky Burr, who also sits on ICANN’s board of directors.

Burr, a lawyer, said last week that she’s decided to return to private practice after almost seven years at the registry.

Her last day will be March 1, but she’ll continue to advise the company as outside counsel on issues such as privacy and .us policy.

Lips are sealed on her exact destination, but it’s apparently small, Washington, DC-based, and focused on data protection.

Prior to Neustar, Burr worked for the law firm Wilmer Hale. Prior to that, she was in the US National Telecommunications and Information Administration, where she helped create ICANN 20 years ago.

Despite no longer being directly employed by a registry or registrar, Burr said she’s hoping to be reelected to the ICANN board, where she represents the Contracted Parties House, when her current term expires at the end of the year.

In addition to .us, Neustar runs .co, .biz and acts as back-end for dozens of other TLDs.

Crunch Whois privacy talks kick off

Kevin Murphy, January 16, 2019, Domain Policy

ICANN volunteers are meeting this week to attempt to finalize their recommendations on the future of Whois privacy.

Most members of the Expedited Policy Development Process working group have gathered in Toronto for three days of talks on what will likely become, in May this year, new contractually binding ICANN policy.

Discussions are kicking off pretty much at the same time this article is published and will last until Friday afternoon local time.

The EPDP group is due to publish its final report by February 1, leaving enough time for GNSO consideration, public comments, and an ICANN board of directors vote.

Its initial report, which recommended some big changes to Whois output, was published in November. Public comments on this report will lead to largely modest changes to the policy this week.

The timing is tight because Whois policy is currently governed by a one-year Temporary Specification, created by the ICANN board, which expires May 25.

The bulk of the work today will focus on formalizing the “purposes” of Whois data, something that is needed if ICANN policy is to be compliant with the EU General Data Protection Regulation.

The more controversial stuff, where consensus will be extraordinarily difficult to find, comes tomorrow, when the group discusses policies relating to privileged access to private Whois data.

This is the area where intellectual property and security interests, which want a program that enables them to get access to private data, have been clashing with non-commercial stakeholders, which accuse their opponents of advocating “surveillance”.

It’s not expected that a system of standardized, unified access will be created this week or by February 1. Rather, talks will focus on language committing ICANN to work on (or not) such a system in the near future.

Currently, there’s not even a consensus on what the definition of “consensus” is. It could be slow going.

Gluttons for punishment Observers can tune in to the view/listen-only Adobe Connect room for the meetings here.

Now even parked domains will have GDPR notices

Kevin Murphy, December 18, 2018, Domain Services

Sedo will soon start showing privacy notices and cookie warnings on parked domains using its service.

The company told users today that it has updated its terms of service to comply with the EU’s General Data Protection Regulation. It said:

As a domain owner parking your domains on Sedo’s platform, within the scope of tracking website visitors to monetize your domain(s), Sedo collects and processes personal data on your behalf. The GDPR requires, among other things, that the person responsible, in this case you, the domain owner, display a data protection declaration and a cookie on your parked page. 

Sedo said this is a “complimentary feature”, but that it makes no assurances that the notices it displays on its users’ behalf are actually compliant with the regulation.

The terms have been changed such that the user agrees to be “solely responsible” for their own GDPR compliance. 

Users have two weeks to object to the changes, but if they do it seems Sedo will terminate their service.

The changes come into effect January 1.