Personal data or new domain name extensions?

ICANN faces a dilemma on the eve of meeting in The Hague

Illustration of two arrows deflecting in different directions.

ICANN's seventy-fourth meeting takes place from 12 to 16 June. And, for the first time in twenty years, the event is taking place in the Netherlands. The meeting in The Hague will also be the first physical meeting ICANN has held for two years. When they get together, participants will immediately face a difficult decision: should the organisation prioritise preparations for the next gTLD application window, or concentrate first on finding a way of reconciling Whois access with current privacy legislation? ICANN apparently lacks the capacity to tackle both tasks at once, trade blog Domain Incite has suggested on the basis ICANN documentation and correspondence. So, what's going on, and what are the implications?

nTLDs: Operational Design Phase is proving time-consuming

For the last year, the next application window for top-level domains has been in its Operational Design Phase (ODP), where the procedural details are thrashed out. The aim had been to complete the ODP by summer 2022, so that everyone has a better idea of how things will work. Any delay to the project is liable to displease organisations seeking to create their own domain name extensions, some of whom have already been waiting for years.

Whois: Standardized Systemfor Access and Disclosure (SSAD)

Meanwhile, ICANN is grappling with another major project: the Standardized System for Access and Disclosure. The aim is to develop a system that will allow access to the personal data held in gTLDs' registrant databases, in a way that doesn't contravene modern privacy legislation, such as the EU's GDPR, which is incorporated into the laws of the Netherlands and other members states. By developing a system for all gTLDs that satisfies the relevant legal requirements, ICANN hopes to remove the privacy objections to personal data being processed in the context of domain name registration. The intention is that the new system should also enable the authorities and legal rights holders to tackle abuses. And those stakeholders are pressing ICANN to expedite realisation of the SSAD.

At least six weeks' delay

Development of the SSAD places time demands on the same personnel whose input is needed to complete the ODP. Consequently, ICANN has to decide which project to prioritise. According to internal documents, the double workload will put back the next application window by at last six weeks. However, ICANN has yet to reach a decision on the matter. It's safe to assume, therefore, that the question of priorities will be on the agenda in The Hague. And, given the strength of the competing interests, the discussion promises to be lively!