ICANN | ICANN Policy Update Background

WHOIS services provide public access to data on registered domain names, data that currently includes contact information for Registered Name Holders. The extent of registration data collected at the time a domain name is registered, and the ways such data can be accessed, are specified in agreements established by ICANN for domain names registered in generic top-level domains (gTLDs). For example, ICANN requires accredited registrars to collect and provide free public access to: (1) the name of the registered domain name and its name servers and registrar; (2) the date the domain was created and when its registration expires; and (3) the contact information for the Registered Name Holder, including the technical contact, and the registrant's administrative contact.

WHOIS has been the subject of intense policy development debate and action over the last few years. Information contained in WHOIS is used for a wide variety of purposes. Some uses of WHOIS data are viewed as constructive and beneficial. For example, sometimes WHOIS data is used to track down and identify registrants who may be posting illegal content or engaging in phishing scams. Other uses of WHOIS are viewed as potentially negative, such as harvesting WHOIS contact information to send unwanted spam or fraudulent email solicitations. Privacy advocates have also been concerned about the privacy implications of unrestricted access to personal contact information.

The GNSO Council decided in October 2007 that a comprehensive, objective and quantifiable understanding of key factual issues regarding WHOIS would benefit future GNSO policy development efforts, and plans to ask the ICANN Staff to conduct several studies for this purpose. Before defining the details of these studies, the Council solicited suggestions for specific topics of study on WHOIS from community stakeholders, with possible areas of study including: a study of certain aspects of gTLD registrants and registrations; a study of certain uses and misuses of WHOIS data; a study of the use of proxy registration services, including privacy services; and a comparative study of gTLD and ccTLD WHOIS. The Council opened a public comment forum through 15 February 2008, in order to solicit suggestions for specific topics of study on WHOIS. The Council received approximately 25 suggestions and a summary of comments was prepared.

On 27 March 2008, the GNSO Council convened a group of volunteers to do the following : (1) review and discuss the Report on Public Suggestions on Further Studies of WHOIS; (2) develop a proposed list of recommended studies, if any, for which ICANN Staff would be asked to provide cost estimates to the Council; and (3) produce the list of recommendations with supporting rationale.

On 22 May 2008, the WHOIS study group delivered its report to the Council. In addition to considering the recommendations solicited from the public, the group also considered recommendations offered by the Governmental Advisory Committee (GAC) for WHOIS studies. The report reflected two opposing viewpoints among participants. A significant number of participants believe that no further studies should be conducted because further study (and the resulting information) would be unlikely to persuade any stakeholders to modify existing strongly held positions. The second group of participants believe further studies would be useful in informing the debate, and their comments include specific recommendations for further study in three primary areas: 1) the availability of privacy services; 2) the demand for and motivation behind the use of privacy services; and 3) certain studies of WHOIS misuse, detailed further in the report.

During the June 2008 Paris meeting, the GNSO Council voted to reconvene a group to review the WHOIS study recommendations offered through the public comment period and the studies requested by the Governmental Advisory Committee (GAC) and, based on those recommendations and the GAC request, prepare a concise list of hypotheses that could be the subject of research. The group completed its work and sent a WHOIS Study Hypothesis Report to the GNSO Council on 26 August 2008.