Is 2018 the death year for WHOIS?
Is 2018 the death year for WHOIS?
Some may agree that WHOIS queries violate someone’s privacy and
many may disagree. Doesn’t matter what everyone thinks, 2018 may be the death
year for WHOIS.
But why am I and everyone else suddenly talking about this?
Well, it’s not all that sudden. May 25th this
year, GDPR, General Data Protection Regulation of EU will take drastic measures
for industries handling personal data including the industry of Domain Name
registration and reservation.
Already the domain name industry started to scramble figuring
out a way to comply with new regulations while running against the clock with
the vague guidelines from ICANN and the EU.
New Privacy regulation
GDPR works to protect the privacy of the citizens and
residents of the EU. They will not only handle the companies based in the EU but
also every company that handles any information regarding the residents
of the EU.
According to Thomas Rickert, Head of
Numbers and Name Forum at Eco, that represents domain name registries and
registrars, the goal of the new regulations is
to unify and strengthen data protection for every citizen of the European Union.
The aim of these new regulations is to increase transparency
and to minimize the data collection. The main two principals are privacy by
design and privacy by default. This will ensure that when any company offers
you any service, rather than an opt-out, privacy is a must by default.
GDPR is very strict with the new regulations. It is clear by
the declaration that indicates: companies that violate these regulations, will
be fined up to 4% of annual revenue or 20 Million euros. Besides, the
responsible authorities can be sued over
the violation of privacy to EU citizens.
Now, the domain name companies cannot but pay proper
attention to GDPR.
Elliot Noss, CEO at Tucows stated that there will be an
impact and GDPR would change the whole delivery process of proxy services,
privacy, and public WHOIS.
It is clear that GDPR will affect WHOIS for sure including
what data registrars collect about the clients and with whom they share the
information.
How will it affect the domain companies?
Each and every party that has a contract with the ICANN will
feel the impact, including; registries, registrars, data escrow agencies, and
even the ICANN itself.
ICANN has already set up ad hoc groups to justify and
evaluate GDPR and to figure out how to respond to the situation. It created a
data flow matrix in its domain name process and to let public comments reach
them. After that, it’ll need a legal assessment to figure out the way to comply
with GDPR.
Like, it might determine that some particular information
needs to be gathered for providing a domain registration to a client. But is it
necessary that the information is passed
towards the registry? Or does it require publishing?
The default setting is data wouldn’t be processed or
collected and that’s why ICANN and the contracted parties would need to have a valid
reason before collecting or publishing the data.
Will 2018 be the year when WHOIS dies?
By the discussion above, it is clear that the new regulations
will secure the information of the EU citizens. But outside the EU, WHOIS
queries will not stop completely, at least not inthe next 1-2 years. So no
worries for rest of the world.
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