Introduction of Accountable Measures Regarding Access to Personal Information of .us Registrants, 26526-26527 [2023-09180]

Download as PDF 26526 Federal Register / Vol. 88, No. 83 / Monday, May 1, 2023 / Notices be reimbursed for their time. As a Federal Advisory Committee, the Board’s membership is required to be balanced in terms of viewpoints represented and the functions to be performed as well as the interests of geographic regions of the country and the diverse sectors of U.S. society. The SAB meets in person three times each year, exclusive of teleconferences or subcommittee, task force, and working group meetings. Board members must be willing to serve as liaisons to SAB working groups and/or participate in periodic reviews of the NOAA Cooperative Institutes and overarching reviews of NOAA’s research enterprise. Nominations: Interested persons may nominate themselves or third parties. Applications: An application is required to be considered for board membership, regardless of whether a person is nominated by a third party or self-nominated. The application package must include: (1) the nominee’s full name, title, institutional affiliation, and contact information, including mailing address; (2) the nominee’s area(s) of expertise; (3) a short description of their qualifications relative to the kinds of advice being solicited by NOAA in this Notice; and (4) a current resume (maximum length four [4] pages). David Holst, Chief Financial Officer/Administrative Officer, Office of Oceanic and Atmospheric Research, National Oceanic and Atmospheric Administration. [FR Doc. 2023–09156 Filed 4–28–23; 8:45 am] BILLING CODE 3510–KD–P DEPARTMENT OF COMMERCE National Telecommunications and Information Administration [Docket Number: 230412–0099] RIN 0660–XC058 Introduction of Accountable Measures Regarding Access to Personal Information of .us Registrants National Telecommunications and Information Administration, Department of Commerce. ACTION: Request for comments. AGENCY: The United States Department of Commerce’s (Department) National Telecommunications and Information Administration (NTIA) administers the contract for the country code top-level domain (ccTLD) for the United States, ‘‘.us’’ (usTLD). NTIA seeks input from interested parties on the introduction of accountability measures regarding lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:10 Apr 28, 2023 Jkt 259001 access to the personal information of usTLD registrants. NTIA’s policy goal regarding access to domain registration data is to ensure that the usTLD protects the privacy of its usTLD registrants while also enabling third parties to access usTLD domain registration data for legitimate purposes. DATES: Submit comments on or before May 31, 2023. ADDRESSES: You may submit comments, identified by docket number and/or RIN number, by any of the following methods: Federal Rulemaking website: Go to https://www.regulations.gov and search for Docket ID NTIA–2023–0006. Email comments to: usTLD@ntia.gov. Mail comments to: National Telecommunications and Information Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Room 4701, Attn: Susan Chalmers, Washington, DC 20230. Comments submitted by mail may be in hard copy (paper) or electronic (e.g., CD–ROM, disk, or thumb drive). FOR FURTHER INFORMATION CONTACT: Please direct questions regarding this Notice to Susan Chalmers, Telecommunications Policy Specialist, at the address listed in the ADDRESSES section of this notice by electronic or regular mail as listed above, or by telephone (202) 281–5218. Please direct media inquiries to NTIA’s Office of Public Affairs, press@ntia.gov or (202) 482–7002. SUPPLEMENTARY INFORMATION: The usTLD serves as an online home for American business, individuals, and localities for the benefit of the nation’s internet community. NTIA administers the contract governing the operation of the usTLD, the most recent of which was awarded in 2019 to Registry Services, LLC (the Contractor). NTIA requires the Contractor to maintain a publicly accessible registration database of usTLD domain name registrations.1 The Contractor currently provides a WHOIS directory service 2 that allows users to retrieve usTLD domain name registration data directly and without any form of authentication from its comprehensive central usTLD registrant database of real usTLD registrant data.3 This data 1 .us Contract, C.4.2(iv), page 11, available at: https://ntia.gov/files/ntia/publications/us_contract_ june_28_2019.pdf. 2 A WHOIS directory is a database of all the registered domains in a particular zone. It contains information about the domain name registrant including the registrant contact information such as address, email, phone number, etc. 3 Under this proposal privacy and proxy services would remain prohibited under the usTLD as currently required by the .us contract. PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 includes important contact information: individual names, physical addresses, telephone numbers, and email addresses of all usTLD registrants. Historically, NTIA has authorized public access to the usTLD registration data (WHOIS service) permitting internet users to retrieve the usTLD registrant data for legitimate purposes (e.g., law enforcement investigations, consumer protection, cybersecurity research, intellectual property rights protection and enforcement). In addition, the usTLD registrant data is accessible on an anonymous basis. The data (especially the personal information) may be accessed and used for abusive purposes (e.g., to spam, phish, harass, dox, or otherwise cause the registrant harm).4 In response to concerns about the potential for abuse of usTLD registrant data, NTIA is considering a proposal from its Contractor to create an Accountable WHOIS Gateway System (the System) to provide public access to usTLD registrant information. This proposal was created based upon recommendations developed by the usTLD community. Under the Contractor’s proposal, the System would be designed to reduce the potential for abuse by eliminating anonymous and unaccountable access to usTLD registrant data. The System would require those seeking access to the usTLD registration data to provide their name, an email address, and to accept the Terms of Service (TOS). The TOS would require the user to agree not to misuse the data. Users would also be required to identify, from a pre-selected list, a legitimate, non-marketing purpose for accessing the information. This list would be developed according to industry best practice in consultation with the usTLD community and approved by NTIA. Unredacted WHOIS data would then automatically be returned in near-real-time to the user via email. Queries would be rejected only if the user did not provide a name and email address or failed to select (or provide) a legitimate purpose and accept the TOS. The System would also permit users to identify a legitimate purpose outside of the pre-selected list. The Contractor using usTLD community developed and NTIA approved standards would manually review these requests and deliver, via email, unredacted data within two (2) business days for any non-abusive purpose unrelated to 4 See e.g., Andrew Alleman, Reminder: there’s no Whois privacy for .us domain names—Domain Name Wire | Domain Name Newsat. The Contractor has also received a number of complaints outlining these issues. E:\FR\FM\01MYN1.SGM 01MYN1 Federal Register / Vol. 88, No. 83 / Monday, May 1, 2023 / Notices lotter on DSK11XQN23PROD with NOTICES1 marketing. The System would also provide a mechanism to expedite emergency requests. The Contractor would maintain auditable records of its receipt of and response to WHOIS access requests for personal data, including the number of access requests received, and the declared legitimate purposes. The Contractor would also maintain records to audit complaints of technical abuse or TOS violations. These audit records would be made publicly available in fully de-identified and aggregated form for analysis, enabling additional data driven policy development by NTIA and the usTLD community. Non-personal information relating to the domain name would remain available for retrieval via anonymous query. This information includes domain name and ID, registrar WHOIS server, registrar URL, updated date, creation date, registry expiry date, registrar, registrar IANA ID, and registrar abuse contact (email and phone number). To address the unique needs of law enforcement and other similarly situated entities, the Contractor would establish a portal for authenticated law enforcement users, which would grant such users near real-time access to personal information. The Contractor would continue to work with law enforcement authorities and others to ensure that investigatory confidentiality and unique other needs with respect to access and confidentiality are fully met. Request for Comment NTIA seeks public comments regarding the proposed Accountable WHOIS Gateway System (System). Comments that contain references, studies, research, or other empirical evidence or data that are not widely published should include copies of the referenced materials with the submitted comments. While the public is welcome to submit comments regarding the questions below and other issues relating to the proposal, we ask that comments generally be limited to issues regarding access to WHOIS in the usTLD. Specifically, NTIA seeks input on the following questions: 1. In general, what are your views on the public availability of the usTLD domain name registration data to anonymous users? Has public access by anonymous users to usTLD registration data, especially personal information, resulted in exposing registrants to spam, phishing, doxxing, identity theft and other online/offline harms? If such abuses have occurred, please provide illustrative examples. And, whether or not you are aware of examples of such VerDate Sep<11>2014 17:10 Apr 28, 2023 Jkt 259001 abuse, do you believe that there is a significant risk of such abuse occurring in the future, if the current system remains unchanged (and if so, why)? 2. Do you believe the current system of anonymous access to usTLD domain name registration data should remain unchanged? If so, why? 3. What legitimate purposes for access to usTLD domain name registration data should be included in the System’s predefined list? Please provide a rationale for each category recommended. 4. Are there policies and practices developed or employed by other ccTLDs regarding WHOIS access that could be incorporated into the usTLD space? Please be specific in your response. 5. Should the System distinguish between personal and non-personal registration data, and if so, how? 6. Should usTLD registrants be notified when their data is accessed through the System? If so, why, when or in what circumstances? 7. Under what circumstances, if any, should the Contractor require certain requestors to furnish a warrant when requesting access to usTLD registration data? 8. The Contractor has proposed that the System provide special access to recognized and authenticated law enforcement and similar entities. Please provide feedback on this concept. If this proposal is adopted, how should it work? Are there best practices in other similar situations or other TLDs that could be used for such a special access portal? What steps should be taken, if any, to ensure the confidentiality of law enforcement requests through the System? 9. What entities in addition to law enforcement, if any, should have special access to usTLD registration data through an authenticated portal? Why? 10. What accountability and/or enforcement mechanisms should be put in place in the case of breach of the System’s TOS by those that access the registration data? 11. Do you foresee any challenges to implementation of the System, or elements thereof, for example in distinguishing between personal and non-personal registration data, enforcement of System misuse, etc? If so, how might these challenges be addressed? 12. Should the Accountable WHOIS Gateway System be offered as an opt-in or opt-out service for current and new usTLD domain name registrants? Stephanie Weiner, Acting Chief Counsel. BILLING CODE 3510–60–P Frm 00012 Fmt 4703 CONSUMER FINANCIAL PROTECTION BUREAU Combined Community Bank Advisory Council and Credit Union Advisory Council Meeting Consumer Financial Protection Bureau. ACTION: Notice of public meeting. AGENCY: Under the Federal Advisory Committee Act (FACA), this notice sets forth the announcement of a public combined meeting of the Community Bank Advisory Council (CBAC or Council) and the Credit Union Advisory Council (CUAC or Council) of the Consumer Financial Protection Bureau (CFPB or Bureau). The notice also describes the functions of the Councils. DATES: The meeting date is Wednesday, May 17, 2023, from approximately 1:00 p.m. to 2:30 p.m., eastern daylight time. This meeting will be held virtually and is open to the general public. Members of the public will receive the agenda and dial-in information when they RSVP. SUMMARY: Kim George, Outreach and Engagement Associate, Section for Advisory Board and Councils, Office of Stakeholder Management, at 202–450–8617, or email: CFPB_CABandCouncilsEvents@ cfpb.gov. If you require this document in an alternative electronic format, please contact CFPB_Accessibility@ cfpb.gov. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: I. Background Section 2 of the CBAC and CUAC charters provides that pursuant to the executive and administrative powers conferred on the CFPB by Section 1012 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (DoddFrank Act), the Director of the CFPB renews the discretionary Community Bank Advisory Council and the Credit Union Advisory Council under agency authority in accordance with the provisions of the Federal Advisory Committee Act (FACA), as amended, 5 U.S.C. 10. Section 3 of the CBAC and CUAC charters states that the purpose of the CBAC and the CUAC is to advise the CFPB in the exercise of its functions under the Federal consumer financial laws as they pertain to community banks and credit unions with total assets of $10 billion or less. II. Agenda [FR Doc. 2023–09180 Filed 4–28–23; 8:45 am] PO 00000 26527 Sfmt 4703 The CBAC and the CUAC will discuss broad policy matters related to the E:\FR\FM\01MYN1.SGM 01MYN1

Agencies

[Federal Register Volume 88, Number 83 (Monday, May 1, 2023)]
[Notices]
[Pages 26526-26527]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09180]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Telecommunications and Information Administration

[Docket Number: 230412-0099]
RIN 0660-XC058


Introduction of Accountable Measures Regarding Access to Personal 
Information of .us Registrants

AGENCY: National Telecommunications and Information Administration, 
Department of Commerce.

ACTION: Request for comments.

-----------------------------------------------------------------------

SUMMARY: The United States Department of Commerce's (Department) 
National Telecommunications and Information Administration (NTIA) 
administers the contract for the country code top-level domain (ccTLD) 
for the United States, ``.us'' (usTLD). NTIA seeks input from 
interested parties on the introduction of accountability measures 
regarding access to the personal information of usTLD registrants. 
NTIA's policy goal regarding access to domain registration data is to 
ensure that the usTLD protects the privacy of its usTLD registrants 
while also enabling third parties to access usTLD domain registration 
data for legitimate purposes.

DATES: Submit comments on or before May 31, 2023.

ADDRESSES: You may submit comments, identified by docket number and/or 
RIN number, by any of the following methods:
    Federal Rulemaking website: Go to https://www.regulations.gov and 
search for Docket ID NTIA-2023-0006.
    Email comments to: [email protected].
    Mail comments to: National Telecommunications and Information 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Room 4701, Attn: Susan Chalmers, Washington, DC 20230. Comments 
submitted by mail may be in hard copy (paper) or electronic (e.g., CD-
ROM, disk, or thumb drive).

FOR FURTHER INFORMATION CONTACT: Please direct questions regarding this 
Notice to Susan Chalmers, Telecommunications Policy Specialist, at the 
address listed in the ADDRESSES section of this notice by electronic or 
regular mail as listed above, or by telephone (202) 281-5218. Please 
direct media inquiries to NTIA's Office of Public Affairs, 
[email protected] or (202) 482-7002.

SUPPLEMENTARY INFORMATION: The usTLD serves as an online home for 
American business, individuals, and localities for the benefit of the 
nation's internet community. NTIA administers the contract governing 
the operation of the usTLD, the most recent of which was awarded in 
2019 to Registry Services, LLC (the Contractor).
    NTIA requires the Contractor to maintain a publicly accessible 
registration database of usTLD domain name registrations.\1\ The 
Contractor currently provides a WHOIS directory service \2\ that allows 
users to retrieve usTLD domain name registration data directly and 
without any form of authentication from its comprehensive central usTLD 
registrant database of real usTLD registrant data.\3\ This data 
includes important contact information: individual names, physical 
addresses, telephone numbers, and email addresses of all usTLD 
registrants.
---------------------------------------------------------------------------

    \1\ .us Contract, C.4.2(iv), page 11, available at: https://ntia.gov/files/ntia/publications/us_contract_june_28_2019.pdf.
    \2\ A WHOIS directory is a database of all the registered 
domains in a particular zone. It contains information about the 
domain name registrant including the registrant contact information 
such as address, email, phone number, etc.
    \3\ Under this proposal privacy and proxy services would remain 
prohibited under the usTLD as currently required by the .us 
contract.
---------------------------------------------------------------------------

    Historically, NTIA has authorized public access to the usTLD 
registration data (WHOIS service) permitting internet users to retrieve 
the usTLD registrant data for legitimate purposes (e.g., law 
enforcement investigations, consumer protection, cybersecurity 
research, intellectual property rights protection and enforcement). In 
addition, the usTLD registrant data is accessible on an anonymous 
basis. The data (especially the personal information) may be accessed 
and used for abusive purposes (e.g., to spam, phish, harass, dox, or 
otherwise cause the registrant harm).\4\
---------------------------------------------------------------------------

    \4\ See e.g., Andrew Alleman, Reminder: there's no Whois privacy 
for .us domain names--Domain Name Wire [verbar] Domain Name Newsat. 
The Contractor has also received a number of complaints outlining 
these issues.
---------------------------------------------------------------------------

    In response to concerns about the potential for abuse of usTLD 
registrant data, NTIA is considering a proposal from its Contractor to 
create an Accountable WHOIS Gateway System (the System) to provide 
public access to usTLD registrant information. This proposal was 
created based upon recommendations developed by the usTLD community. 
Under the Contractor's proposal, the System would be designed to reduce 
the potential for abuse by eliminating anonymous and unaccountable 
access to usTLD registrant data. The System would require those seeking 
access to the usTLD registration data to provide their name, an email 
address, and to accept the Terms of Service (TOS). The TOS would 
require the user to agree not to misuse the data. Users would also be 
required to identify, from a pre-selected list, a legitimate, non-
marketing purpose for accessing the information. This list would be 
developed according to industry best practice in consultation with the 
usTLD community and approved by NTIA. Unredacted WHOIS data would then 
automatically be returned in near-real-time to the user via email. 
Queries would be rejected only if the user did not provide a name and 
email address or failed to select (or provide) a legitimate purpose and 
accept the TOS.
    The System would also permit users to identify a legitimate purpose 
outside of the pre-selected list. The Contractor using usTLD community 
developed and NTIA approved standards would manually review these 
requests and deliver, via email, unredacted data within two (2) 
business days for any non-abusive purpose unrelated to

[[Page 26527]]

marketing. The System would also provide a mechanism to expedite 
emergency requests.
    The Contractor would maintain auditable records of its receipt of 
and response to WHOIS access requests for personal data, including the 
number of access requests received, and the declared legitimate 
purposes. The Contractor would also maintain records to audit 
complaints of technical abuse or TOS violations. These audit records 
would be made publicly available in fully de-identified and aggregated 
form for analysis, enabling additional data driven policy development 
by NTIA and the usTLD community.
    Non-personal information relating to the domain name would remain 
available for retrieval via anonymous query. This information includes 
domain name and ID, registrar WHOIS server, registrar URL, updated 
date, creation date, registry expiry date, registrar, registrar IANA 
ID, and registrar abuse contact (email and phone number).
    To address the unique needs of law enforcement and other similarly 
situated entities, the Contractor would establish a portal for 
authenticated law enforcement users, which would grant such users near 
real-time access to personal information. The Contractor would continue 
to work with law enforcement authorities and others to ensure that 
investigatory confidentiality and unique other needs with respect to 
access and confidentiality are fully met.

Request for Comment

    NTIA seeks public comments regarding the proposed Accountable WHOIS 
Gateway System (System). Comments that contain references, studies, 
research, or other empirical evidence or data that are not widely 
published should include copies of the referenced materials with the 
submitted comments. While the public is welcome to submit comments 
regarding the questions below and other issues relating to the 
proposal, we ask that comments generally be limited to issues regarding 
access to WHOIS in the usTLD. Specifically, NTIA seeks input on the 
following questions:
    1. In general, what are your views on the public availability of 
the usTLD domain name registration data to anonymous users? Has public 
access by anonymous users to usTLD registration data, especially 
personal information, resulted in exposing registrants to spam, 
phishing, doxxing, identity theft and other online/offline harms? If 
such abuses have occurred, please provide illustrative examples. And, 
whether or not you are aware of examples of such abuse, do you believe 
that there is a significant risk of such abuse occurring in the future, 
if the current system remains unchanged (and if so, why)?
    2. Do you believe the current system of anonymous access to usTLD 
domain name registration data should remain unchanged? If so, why?
    3. What legitimate purposes for access to usTLD domain name 
registration data should be included in the System's pre-defined list? 
Please provide a rationale for each category recommended.
    4. Are there policies and practices developed or employed by other 
ccTLDs regarding WHOIS access that could be incorporated into the usTLD 
space? Please be specific in your response.
    5. Should the System distinguish between personal and non-personal 
registration data, and if so, how?
    6. Should usTLD registrants be notified when their data is accessed 
through the System? If so, why, when or in what circumstances?
    7. Under what circumstances, if any, should the Contractor require 
certain requestors to furnish a warrant when requesting access to usTLD 
registration data?
    8. The Contractor has proposed that the System provide special 
access to recognized and authenticated law enforcement and similar 
entities. Please provide feedback on this concept. If this proposal is 
adopted, how should it work? Are there best practices in other similar 
situations or other TLDs that could be used for such a special access 
portal? What steps should be taken, if any, to ensure the 
confidentiality of law enforcement requests through the System?
    9. What entities in addition to law enforcement, if any, should 
have special access to usTLD registration data through an authenticated 
portal? Why?
    10. What accountability and/or enforcement mechanisms should be put 
in place in the case of breach of the System's TOS by those that access 
the registration data?
    11. Do you foresee any challenges to implementation of the System, 
or elements thereof, for example in distinguishing between personal and 
non-personal registration data, enforcement of System misuse, etc? If 
so, how might these challenges be addressed?
    12. Should the Accountable WHOIS Gateway System be offered as an 
opt-in or opt-out service for current and new usTLD domain name 
registrants?

Stephanie Weiner,
Acting Chief Counsel.
[FR Doc. 2023-09180 Filed 4-28-23; 8:45 am]
BILLING CODE 3510-60-P


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