Recent Posts
- ICANN publishes its Woke Manifesto. Here’s my hot take
- Alibaba, Name.com among new RDRS opt-ins
- The Swiss can register .swiss domains from next week
- .ai up to 425,000 domains
- A million “free” .music domains up for grabs
- D3 to get $5 million in crypto to apply for .ape gTLD
- Alibaba hit with ICANN breach notice
- New Vegas conference “Davos for Web3 interoperability”
- ICANN content policing power grab may be dead
- Cable company unplugs its dot-brand after acquisition
- Germany crosses 10,000 dot-brand domains milestone
- Founders out as Com Laude gets equity injection
- PIR’s Diaz to leave domain industry
- Some registrars have already quit ICANN’s Whois experiment
- ICANN opens $217 million Grant Program
- Internet could get one-letter gTLDs (but there’s a catch)
- .ai registry fights deadbeats with tweaked auction rules
- Amazon and Google among .internal TLD ban backers
- .ai registry advises buyers not to use GoDaddy
- .post liberalizes with new sunrise period
- Team Internet spends $41 million on content farm
- Epik backtracks on Kiwi Farms claim after legal threat
- .austin names launch on blockchain
- Freenom shuts down 12.6 million domains — report
- GoDaddy’s next .xxx contract may not be a done deal
- GlobalBlock blocking 2.5 million domains
- Microsoft moving its cloud apps from .com to .microsoft
- ICANN 79: anonymous trolls and undercover lawyers
- ICANN scores win in single-letter .com lawsuit
- Cosmetics brand terminates its gTLD
- Up to 70 jobs on the line at Nominet as .uk regs dwindle
- Governments back down on new gTLD next round delay
- Private auctions could be banned in new gTLD next round
- ICANN meeting venue “insensitive and hurtful”
- GoDaddy to start selling graphic.design domains
- GAC spinning up new gTLD curveball at ICANN 79?
- GoDaddy’s GlobalBlock supports blockchain names
- Police .uk domain takedowns dive in 2023
- GoDaddy wants to cut the bullshit from .xxx
- Dueling domain blocking services to launch at ICANN 79
- Freename tries to bridge DNS and blockchain
- Olive retires from ICANN
- Whois policy published without life-saving disclosure rule
- UK gov takes its lead from ICANN on DNS abuse
- Tucows reports 2023 results
- Twitter “completely unresponsive” on clickable domains
- ICANN spends $5 million more than planned in first fiscal half
- .art takes a million domains off its premium list
- KeyTrap ‘the most devastating vulnerability ever found in DNSSEC’
- Freenom settles $500 million Meta lawsuit and will exit domain business
- New gTLD lottery to return in 2026
- First GlobalBlock prices revealed — they ain’t cheap
- Domain universe grows on new gTLDs despite .com shrinkage
- D3 signs up crypto gTLD client number five
- GoDaddy reports strong domains growth
- How to qualify for a $40,000 gTLD
- Registry service provider evaluation handbook published
- WebUnited inks deal to “mirror” country’s TLD in the blockchain
- GoDaddy project unveils brand-blocking calculator
- Report: Monster “misappropriated” millions from Epik
- .com is shrinking but Verisign raises prices again anyway
- D3 announces fourth crypto new gTLD client
- Donald Trump loses second UDRP case
- UK cybersquatting complaints hit record low
- No excuses! PIR to pay for ALL registries to tackle child abuse
- ICANN insists it is working on linkification
- Namecheap sues ICANN over .org price caps
- GoDaddy offers free Ethereum blockchain integration
- Epik reveals who is running the company
- Epik gets acquired again! The plot thickens…
- Airline gTLD crashes and burns
- First chunks of new gTLD Applicant Guidebook drop
- Epik to reveal its owners soon
- Another crypto firm to apply for a new gTLD
- Monster and Royce are NOT involved in Epik?!
- Nominet to overhaul .uk registry, turn off some services
- Russia blames DNSSEC, not Ukraine, for internet downtime
- Team Internet says revenue beat estimates
- Sold for over $20k, insure.ai and dog.ai back in .ai’s expired names auction
- .ai helps UDRP cases rise in 2023, WIPO says
- Freenom’s domains land at Gandi after termination
- .ru domains fly off the shelf as Western sanctions bite
- ICANN picks its first ever Supreme Court
- Lebanon’s ccTLD going back to Lebanon after ICANN takeover
- ICANN picks the domain it will never, ever release
- ICANN approves domain takedown rules
- Has Epik gone “woke”?
- First bits of new gTLD Applicant Guidebook expected next week
- ICANN bans closed generics for the foreseeable
- You can’t use money to buy .box domains
- After 14 years, ICANN practices what it preaches on IDNs
- Weak demand for private Whois data, ICANN data shows
- .ing doing way better than .meme
- DNS Women barred from ICANN funding?
- Dev releases free open-source TLD registry platform
- INCO flips a gTLD to Identity Digital
- Anguilla fears the .ai junk drop
- Five more gTLDs get launch dates
- $10 million of ICANN cash up for grabs
- Almost 50,000 .ai domains sold in a quarter
- ICANN threatens to regulate your speech [RANT]
- Life insurance company kills dot-brand
- ICANN finds new home for Lebanon’s TLD after founder’s death
- ICANN begs people to use its new Whois service
- Shiba Inu outs itself as crypto new gTLD applicant
- Over 50,000 .ai domains sold in three months
- Amazon planning new push into registrar market?
- Registries and registrars vote ‘Yes’ to new DNS abuse rules
- ICANN predicts flattish 2025 for domain industry
- Fast-growing Gname buys another 150 registrars
- GoDaddy service to let you block domains in over 650 TLDs
- Did I find a murder weapon in a zone file?
- ICANN drops the “man” from Ombudsman
- Have your say on police domain takedown powers
- Most registrars are shunning ICANN’s new Whois system
- Nominet to take over .gov.uk
- ICANN picks Istanbul for 2024 meeting
- ICANN’s private Whois data request service goes live
- .au regs slide on 2LD anniversary
- ICANN accused of power grab over $271 million auction fund
- A registrar is getting blamed for an Israeli war propaganda site
- Two more dot-brands bite the dust
- Google sells five-figure AI domain and six-figure .ing hack
- .blackfriday is still a bit rubbish
- Internet Naming Co acquires five more gTLDs
Million-euro Tucows GDPR lawsuit may not be ICANN’s last
ICANN has filed a lawsuit against a Tucows subsidiary in Germany in an effort to resolve a disagreement about how new European privacy law should be interpreted, and according to ICANN’s top lawyer it may not be the last.
The organization said late Friday that it is taking local registrar EPAG to court in Bonn, asking that the registrar be forced to continue collecting administrative and technical contact information for its Whois database.
According to an English translation of the motion (pdf), and to conversations DI had with ICANN general counsel John Jeffrey and Global Domains Division president Akram Atallah over the weekend, ICANN also wants an injunction preventing Tucows from deleting these fields from current Whois records.
At its core is a disagreement about how the new General Data Protection Regulation should be interpreted.
Tucows plans to continue collecting the registrant’s personal information, but it sees no reason why it should also collect the Admin-C and Tech-C data.
Policy director Graeme Bunton argues that in the vast majority of cases the three records are identical, and in the cases they are not, the registrar has no direct contractual relationship with the named individuals and therefore no business storing their data.
ICANN counters that Admin-C and Tech-C are vital when domain owners need to be contacted about issues such as transfers or cyber-attacks and that the public interest demands such records are kept.
Its new Temporary Policy — which is now a binding contractual commitment on all registries and registrars — requires all this data to be collected, but Tucows feels complying with the policy would force it to break European law.
“Strategically, we wanted to make sure we don’t let the Whois and the pubic interest get harmed in a way that can’t be repaired,” Atallah said.
“The injunction is to actually stop any registrar from not collecting all the data and therefore providing the opportunity for the multistakeholder model to work and come up with a long-term plan for Whois,” he said. “”We don’t want to have a gap.”
Jeffrey said that the suit was also necessary because ICANN has not received sufficient GDPR guidance from data protection authorities in the EU.
EPAG is not the only registrar planning to make the controversial changes to data collection. There are at least two others, at least one of which is based in Germany, according to Jeffrey and Atallah.
The German ccTLD registry, DENIC, is not under ICANN contract but has also said it will no longer collect Admin-C and Tech-C data.
They may have all taken their lead from the playbook (pdf) of German industry group eco, which has been telling ICANN since at least January that admin and tech contacts should no longer be collected under GDPR.
That said, Tucows chief Elliot Noss is a vocal privacy advocate, so I’m not sure how much leading was required. Tucows was also a co-developer (pdf) of the eco model.
The injunction application was filed the same day GDPR came into effect, after eleventh-hour talks between ICANN legal and Tucows leadership including chief legal officer Bret Fausett hit an impasse.
Tucows has agreed to freeze its plan to delete its existing Admin-C and Tech-C stored data, however.
The suit has a nominal million-euro value attached, but I’m convinced ICANN (despite its budget crunch) is not interested in the money here.
It’s my sense that this may not be the last time we see ICANN sue in order to bring clarity to GDPR.
Recently, Jeffrey said that ICANN would not tolerate contracted parties refusing to collect full Whois data, and also that it would not tolerate it when they decline to hand the data over to parties with legitimate interests.
The German lawsuit does not address this second category of non-compliance.
But it seems almost certain to me that intellectual lawyers are just days or weeks away from starting to file compliance tickets with ICANN when they are refused access to this data, which could lead to additional litigation.
“Whether it would result in a lawsuit is yet to be determined,” Jeffrey told DI yesterday. “The normal course would be a compliance action. If people aren’t able to gain access to information they believe that they have a legitimate right to access they will file compliance complaints. Those compliance complaints will be evaluated.”
“If it’s a systematic decision not to provide that access, that would violate the [Temporary Policy],” he said. “If they indicated it was because of their interpretation of the law, then it could result in us asking questions of the DPAs or going to court if that’s the only action available.”
The injunction application is a “one-sided filing”, which Jeffrey tells me is a feature of German law that means the court could issue a ruling without requiring EPAG/Tucows to appear in court or even formally respond.
The dispute therefore could be resolved rather quickly — this week even — by the court of first instance, Jeffrey said, or it could be bounced up to the European Court of Justice.
Given how new GDPR is, and considering the wider implications, the latter option seems like a real possibility.
I could maybe make a case for a technical contact, but I’d love to understand what an admin contact is meant to do (other than fill a historical space).
Some people that outsource domain management make a difference between the registrant (ownership) and the administrator (management).
Also, the transfer process specifies the admin contact as being allowed to authorize it, so it’s the technical contact that is currently less defined than the admin contact in gTLD policy.
That said, some TLDs have been redefining these contacts as “legal matters” and “technical matters”, so there is already some fragmentation in those definitions as well.
Yeah – I see that’s IANA policy at the root level as well.
And if the Rant agrees and the Admin disagrees?
Heck – I’d go after the Rant if the domain is causing me damages – who cares about Admin.