Historical Resolution Tracking Feature » Deferral of Transition to Thick WHOIS Consensus Policy Implementation

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Deferral of Transition to Thick WHOIS Consensus Policy Implementation


Resolution of the ICANN Board
Meeting Date: 
Thu, 25 Oct 2018
Resolution Number: 
2018.10.25.04
Resolution Text: 

Whereas, the Thick WHOIS Transition Policy for .COM, .NET and .JOBS ("Thick WHOIS Policy") requires Verisign to begin accepting "Thick" registration data from registrars for .COM and .NET starting 31 May 2019, all new domain name registrations must be submitted to the registry as "Thick" starting on 30 November 2019 at the latest, and all relevant registration data for existing domain names must be migrated from "Thin" to "Thick" by 31 May 2020.

Whereas, in preparation to complete the deployment to accept Thick WHOIS data, Verisign proposed amendments to the registry-registrar agreements for .COM and .NET.

Whereas, the Registrar Stakeholder Group expressed concerns about agreeing to Verisign's proposed amendments based on issues relating to the European Union's General Data Protection Regulation, the processing of data, and new requirements and obligations imposed on the registrars. ICANN org has also provided comments to Verisign regarding the proposed amendments.

Whereas, ICANN org has been facilitating discussions between Verisign and the Registrar Stakeholder Group to reach agreement on the proposed amendments to the registry-registrar agreements to implement the Thick WHOIS Transition Policy.

Whereas, ICANN org, Verisign and the Registrar Stakeholder Group need additional time to reach agreement on the proposed amendments to the applicable registry-registrar agreements to implement the Thick WHOIS Transition Policy.

Whereas, the deferred enforcement period will allow the affected contracted parties additional time to assess the progress of the Expedited Policy Development Process Team's work to formulate a Consensus Policy to replace the Temporary Specification for gTLD Registration Data.

Resolved (2018.10.25.04), the President and CEO, or his designee(s), is authorized to defer compliance enforcement of the Thick WHOIS Transition Policy to 31 May 2019, 30 November 2019, and 31 May 2020, respectively, to allow additional time for the registrars and Verisign to reach agreement on amendments needed to applicable agreements to implement the Policy.

Rationale for Resolution: 

The Thick WHOIS Transition Policy specifies a phased approach to transition the .COM and .NET registries from "Thin" to "Thick" WHOIS. The three phases are:

Registry operator to begin accepting Thick WHOIS data from registrars,
New .COM and .NET domain name registrations to be created as thick registrations, and
The complete migration of all existing domain registration data from "Thin" to "Thick" one year following the date the registry operator begins accepting Thick WHOIS data from registrars.
The Thick WHOIS Transition Policy requires Verisign to begin accepting "Thick" registration data from registrars starting 30 November 2018, registrars to submit Thick registration data to the .COM, .NET, and .JOBS registries for all new domain name registrations starting on 30 April 2019, and the migration of all existing domain registration data from Thin to Thick by 31 January 2020. In preparation for accepting Thick WHOIS data, Verisign, the registry operator for .COM and .NET and the back-end registry services provider for .JOBS, proposed amendments to the registry-registrar agreements for .COM and .NET to have the legal framework necessary for acceptance of the data. While the Thick WHOIS Consensus Policy also applies to the .JOBS TLD, the registry operator for .JOBS, Employ Media, did not require changes to the Registry-Registrar Agreement to begin accepting Thick registration data and registrars have already started submitting Thick registration data for .JOBS as per the Policy.

Following the Registry-Registrar Agreement Amendment Procedure, ICANN org has been facilitating discussions between Verisign and the Registrar Stakeholder Group to reach agreement on the proposed amendments to the registry-registrar agreements, but the parties have not yet reached agreement. Also, ICANN has provided comments on the proposed amendments to the registry-registrar agreements, which are being discussed with Verisign. Additionally, the community is working to consider the Temporary Specification for gTLD Registration Data as a Consensus Policy.

The Board is taking action at this time to authorize the ICANN President and CEO to defer compliance enforcement of the Thick WHOIS Policy for an additional six months. The deferral will allow additional time for Verisign, registrars and ICANN to reach agreement on the amendments needed to the registry-registrar agreements to implement the Policy. This deferred enforcement period will also allow the Expedited Polity Development Process Team to determine if the Temporary Specification for gTLD Registration Data should become an ICANN Consensus Policy while complying with the GDPR and other relevant privacy and data protection law.

As a result of the Board's action, ICANN org will begin compliance enforcement of the Policy requirement for registrars to submit all new domain name registrations to the registry as Thick starting on 30 November 2019, and all relevant registration data for existing domain names must be migrated from Thin to Thick by 31 May 2020. The optional milestone date for registrars to begin voluntarily submitting Thick data to the registry will be 31 May 2019 presuming there are no additional changes as a result of the Expedited Policy Development Process Team's recommendations.

During this period of deferred compliance enforcement, ICANN org will continue to work with Verisign and the Registrar Stakeholder Group to facilitate discussions on the proposed amendments.

The Board's deliberations on this matter referenced several significant materials including:

Thick WHOIS Transition Policy for .COM, .NET and .JOBS
Registry Registration Data Directory Services Consistent Labeling and Display Policy
PDP Documentation
PDP WG Final Report
Thick WHOIS Implementation
IRT letter to GNSO regarding implications GDPR to implement Thick WHOIS
Public Comment period on Consistent Labeling and Display implementation proposal
Public Comment period on Transition from Thin to Thick for .COM, .NET and .JOBS
Letter from Patrick Kane to Akram Atallah re: Thick WHOIS for .COM and .NET – 20 June 2017
Letter from Akram Atallah to Patrick Kane re: Thick WHOIS for .COM and .NET –29 June 2017
Letter from Graeme Bunton to Akram Atallah re: Extension Request for Thick WHOIS Migration – 17 August 2017
27 October 2017 Board Resolution to Defer Compliance Enforcement of Thick WHOIS Consensus Policy for 180 Days
Letter from Patrick Kane to Akram Atallah requesting an extension of the implementation deadlines under the Thick WHOIS Consensus Policy
13 May 2018 Board Resolution to Defer Compliance Enforcement of Thick WHOIS Consensus Policy for 180 Days
Letter from Patrick Kane to Akram Atallah re: Extension request for Thick WHOIS Migration – 21 September 2018
The Board's action is not anticipated to have a fiscal impact on ICANN that is not already anticipated in the current budget. This resolution is an organizational administrative function for which no public comment is required. This action is in the public interest as it helps to ensure a consistent and coordinated implementation of policies in gTLDs.