Apr 25, 2019

ICANN Updates: Access to Domain Name Registrant Data Post-Blackout

ICANN Definition

As stated previously, the implementation of the European Union (EU) General Data Protection Regulation (GDPR) has created significant issues for brand owners with regard to identifying counterfeiters and combatting infringement online, resulting in increasing enforcement costs. Under the GDPR, domain name registrars are prohibited from publishing the name and contact information for domain name registrants. Personal data may only be processed if the registrant consents, for the performance of a contract, or for a legitimate interest of the data controller or a third party. As a result, the Internet Corporation for Assigned Names and Numbers (ICANN) launched an Expedited Policy… Read more

Nov 28, 2018

Addressing Cybersquatting in a Post-WHOIS Blackout World

WHOIS Blackout & Cybersquatting

Imagine a customer complains to you about a product they purchased online from YOURBRAND.COM. Only you don’t own this domain name, and the problematic product is a counterfeit. You need this website to be shut down immediately. In the past, your first move may have been to locate the owner of the website, using WHOIS, the protocol used to query registrar databases for domain name ownership information. However, now when you go to WHOIS, the registrant’s information is missing, other than a jumble of numbers and letters for an email address and the registrant’s country. This is the post-WHOIS blackout… Read more

Jun 20, 2017

A Primer on the EU’s General Data Protection Regulation

Data Protection

Overview Over four years in the making, the General Data Protection Regulation (the “GDPR”) was approved by the European Council and Parliament on April 14, 2016, and will come into force beginning on May 25, 2018. In the wake of ever-increasing cyber security and data privacy threats across the globe, the GDPR is intended to harmonize data privacy laws across Europe and increase data privacy protections for all European Union citizens. The GDPR will replace the Data Protection Directive 95/46/EC (the “Directive”), which required each member state of the European Union to pass national legislation to implement the intended outcome… Read more