2018-12-16

News Review | GDPR & WHOIS EPDP Initial Report Comments Due Dec 21

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Domain Mondo's weekly internet domain news review (NR 2018-12-16 with analysis and opinion: Features •  1) GDPR & ICANN WHOIS Data: EPDP Initial Report Comments Due Dec 21, 2) Other ICANN news: ICANN's Lyin' CEO? and more3) Names, Domains & Trademarks: Tesla.com Redux, 4) ICYMI Internet Domain News, 5) Most Read & Next Week.

1) GDPR & ICANN WHOIS Data: EPDP Initial Report Comments Due Dec 21
EPDP meetings Tuesday Dec 18 and Thursday Dec 20 starting 14:00 UTC (9am EST). Observers use Adobe Connect, or audio cast (browser or app).

See also GNSO Council EPDP page and updates. Links to all EPDP meetings' transcripts and recordings are on the GNSO calendar. Other EPDP links: wiki, mail list, action items, Temp Spec, EPDP Charter (pdf), Data Elements Workbooks (pdf), EPDP Initial Report (pdf).

All comments to the EPDP Initial Report are due by Dec 21, 2018, 23:59. UTC:
"... If you want to see the privacy rights of domain name registrants respected, you need to weigh in. And if you don’t weigh in, you can be sure that Facebook, the MPAA, the trademark interests, cybersecurity firms who monetize Whois data, and other anti-privacy rights interests will be out in force ..."--InternetGovernance.org
Editor's note: I have finished my comment to the EPDP Initial Report (comment embed and link below). Here's the essence of my comment to simplify, clarify, minimize WHOIS Registrant's Data Fields (Data Elements) to be GDPR-compliant:
See the "old way" WHOIS raw data here: https://www.whois.com/whois/facebook.com. The "new way" minimizes over 30 data elements (data fields) to just 8 necessary data fields for a WHOIS in compliance with GDPR. It would be hard for an honest registrant to fail to accurately fill in the registrant's data fields in this revised WHOIS.

Another excerpt from my comment:
"What James Bladel (GoDaddy, RrSG) told the EPDP working group more than once, including Aug 7, 2018 (transcript), is VERY IMPORTANT: "We’re talking about collection of data for the purposes of publication in an RDS system or an online directory and that is, again, not something that we [registrars] need in order to serve our customer, our registrant customers ... we have our own internal communications with those customers" [e.g., additional contact information, banking and credit card info, etc.] This is the time to cleanup the WHOIS registrant data fields, simplify, clarify, and minimize, in compliance with GDPR and other data privacy laws." 
I also agree with the GNSO's Contracted Parties House (Registrars and gTLD Registry Operators):
"The initial report does not present for review any concrete policy. Instead it is a discordant document filled with tentative suggestions and polarised arguments."
The EPDP's Google Form for submitting comments was a poor method for commenting on this Initial Report, specifically limiting how much "comment" one could submit: "Your response is too large. Try shortening some answers" (see message in "red" below).

My comment is here (pdf) embed below beginning with page 4 of the Google form:

Aids to complete a Comment to the ICANN EPDP Initial Report:
  • Two Decades of WHOIS (a/k/a RDS) Reform Failure at ICANN: Letter dated 14 Nov 2018 (pdf) from GNSO Council Chair Keith Drazek and Vice Chairs Pam Little and Rafik Dammak, to ICANN Board of Directors, published by ICANN 26 Nov 2018, re: Termination of the Next-Generation Registration Directory Services (RDS) Policy Development Process Working Group. ICANN Board of Directors response (pdf).
Note also:
11 Dec 2018 Letter from Göran Marby to Dave Jevans and Jerry Upton re: Joint APWG/M3AAWG GDPR and WHOIS User Survey Results marby-to-jevans-upton-11dec18-en.pdf [128 KB] excerpt:
"... at this time, the ICANN Board does not intend to issue another Temporary Specification or amend the current one absent a compelling legal reason, consistent with ICANN’s current contracts with registries and registrars, for it to do so; for example, to maintain the security or stability of registry services, registrar services, or the Domain Name System ..."

11 Dec 2018 Letter from ICANN GDD VP Cyrus Namazi to Intellectual Property Constituency re:  Privacy and Proxy Service Provider Accreditation Policy Implementation namazi-to-ipc-11dec18-en.pdf [128 KB].

11 Dec 2018 Letter from ICANN CEO Göran Marby to Graeme Bunton and Donna Austin
re: 3rd Party Access to Data Models marby-to-bunton-austin-11dec18-en.pdf [127 KB]

SAC 101v2 | SSAC Advisory Regarding Access to Domain NameRegistration Data version 2
12 Dec 2018 sac-101-v2-en.pdf [324 KB] and SAC 101v2 | SSAC Advisory Regarding Access to Domain NameRegistration Data version 2 | Addendum 12 Dec 2018 sac-101-v2-addendum-en.pdf [66.9 KB]

ICANN org's Technical Study Group on Access to Non-Public Registration Data - background info - the TSG-Access-RD mail list. See also DomainIncite.com.

2) Other ICANN News
graphic "ICANN | Internet Corporation for Assigned Names and Numbers"
a. ICANN's Lyin' CEO?
7 December 2018 Letter from HE Jacqualine Mendoza to ICANN Board (pdf) published by ICANN 12 December 2018. Mendoza is Secretary General | Amazon Cooperation Treaty Organization (ACTO). Letter is re: new gTLD Applications for .AMAZON. Letter embed below:

b.  More ICANN news:
  •  ICANN Holiday Break: ICANN offices (and GNSO staff support services) will close at the end of business on Friday, 21 December 2018, and reopen Wednesday, 2 January 2019.
  • 12 Dec 2018 Letter from ALAC's Maureen Hilyard to ICANN Board Chair Cherine Chalaby re Enabling Inclusive, Informed and Meaningful Participation at ICANN--hilyard-to-chalaby-12dec18-en.pdf (pdf). 
  • Another Example of the Unknown, Undisclosed Conflicts of Interest by members of the ICANN Board of Directorsin this case Ram Mohan (Afilias) who was on the ICANN Board for 10 years (as SSAC liaison):

3) Names, Domains & Trademarks
graphic "Names, Domains & Trademarks" ©2017 DomainMondo.com
Tesla.com Redux:
See also: Musk Gets Tesla.com Domain Name After Waiting a Decade | bloomberg.com 19 Feb 2016.

4) ICYMI Internet Domain News 
graphic "ICYMI Internet Domain News" ©2017 DomainMondo.com
a. Internet censorship in Turkey--jjourno.com.tr: Since 2014, many websites and social media platforms have been periodically censored by Turkish authorities. Wikipedia has been completely blocked by the Turkish government since April 2017. See also Things Were Supposed to Be Different in Hungary--slate.com.

b. Soros vs Facebook: George Soros, the hedge-fund billionaire, gave money to one of the ten organizations that support Freedom from Facebook (domain: freedomfromfb.com, an activist group that wants to see the company broken up by spinning off its various business units--foxnews.com.

c. Young Arabs now get their news first on social media, not television. A recent survey revealed almost two-thirds (63%) of young Arabs report looking first to Facebook and Twitter for news. Three years ago, that was just a quarter.--zdnet.com.

5) Most Read Posts this past week on DomainMondo.com: 
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Next week on News Review: Greed is Good? ICANN's Big 'Money Grab' 

-- John Poole, Editor  Domain Mondo 

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