You are here

Summary of Economic Analysis Supporting Removal of Bulk WHOIS Access Provision in 2013 RAA

During the Negotiation Process for the 2013 RAA, the registrars approached ICANN about removing the bulk access requirement from the RAA (see Section 3.3.6 of the 2009 RAA). Based on Professor Wright’s observations, ICANN determined that the requirements of Section 3.7.7(b) of the 2009 RAA had been met, and that no individual or entity is able to exercise market power with respect to registrations or with respect to registration data used for development of value-added products and services by third parties. Based on the satisfaction of this requirement, ICANN agreed to relieve registrars that sign onto the 2013 RAA of the bulk Whois requirement, while maintaining language within the 2013 RAA that if such market power could be later demonstrated, the bulk access provision could be reinstated.

Study performed by Joshua Wright, Professor, George Mason University School of Law and Department of Economics