Access To WHOIS Information To Be Restricted?

A story on law.com today states that the Internet Corporation for Assigned Names and Numbers (ICANN), which controls the registries for domain names with the popular .com, .net and .org top level domain extensions, will likely be voting in September on a proposal to limit the public availability of WHOIS information. This proposal has sparked a battle between trademark owners and their legal representatives on the one hand, who favour more disclosure, and privacy advocates on the other, who favour less disclosure.

The ICANN council is considering three options: Continue to let domain name owners’ personal, technical and administrative contact information be viewed by all Internet users; display only the name and country of an owner and allow that person or entity to designate additional information for a point of contact; or keep the current system and allow owners to cloak contact information only if there’s a risk to a registrant’s personal safety.

 See our post of February 27, 2007 for details on the status of the proposal to restrict public access to WHOIS information of registrants of .ca domain names.

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UDRP Decisions UP, CDRP Decisions Down

The National Arbitration Forum (NAF), a leading dispute resolution service provider for domain name disputes, reports that the number of dispute resolution proceedings it handled involving domain names rose significantly in 2006, with a 21% increase over the number of disputes that it handled in 2005. The majority of cases involved domain names with the popular .com, .net, .org top level domains, which are handled under the Uniform Domain Name Dispute Resolution Policy (UDRP).

Contrast that with the situation in Canada, where the number of CDRP (Canadian Internet Registration Authority Domain Name Dispute Resolution Policy) decisions in 2006 handled by all dispute resolution service providers involving the .ca country code top level domain actually fell from the number of such decisions in 2005, despite the continuing and increasing growth in the number of .ca domain name registrations.

Keep in mind that NAF also handles disputes over other less popular top level domains, such as .biz, .info, .pro and .mobi, as well as a number of country code domains, including .us, .tv and .cc (but not .ca domain names), which may account for some of its increased activity, however the bulk of its work continues to be disputes under the UDRP.

Update on CIRA’s new WHOIS Policy

From the Minutes of the Canadian Internet Registration Authority (CIRA) Board of Directors Meeting held January 30, 2007:

“6. Update on WHOIS

K. von Arx updated the Board of Directors on the WHOIS implementation plan noting that staff had finalized the amendments and additions to CIRA’s Policies, Rules and Procedures necessary to implement the WHOIS privacy protections for individual Registrants. The technical implementation of the WHOIS, namely ceasing to display personal information of individual Registrants in the WHOIS, cannot proceed until the technical staff has time to analyze the amount of work required. The analysis will be prepared by March 2007 once the Membership Authentication project and changes to the Election software are completed.” 

See our posting of August 22, 2006 which discusses the proposed changes to CIRA’s WHOIS policy and the implications of those changes. From the above Board minutes, it sounds like this will become reality in the next few months.

About the Blog

The authors of the Canadian Trademark Blog are all members of the Canadian law firm Clark Wilson LLP, based in Vancouver, Canada. Each author's practice focuses–either in whole or in substantial part–on Canadian intellectual property law. Together, they manage the trade-mark portfolios of local, national and international brand owners in nearly all industries and markets.

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