It is just over six months since ICANN launched its Registration Data Request System (RDRS). Patrick Hauss of the MARQUES Cyberspace Team examines the impact of the RDRS on brand owners when it comes to them gaining WHOIS data of third-party domain registrations infringing their trade mark rights.

When ICANN announced the launch of RDRS in November 2023, brand owners were hoping to see the light at the end of the GDPR tunnel. It promised:

• A new centralized tool for those seeking legitimate access to WHOIS data, allowing requestors to benefit from a one-stop shop;
• An easy way to connect requestors with the relevant ICANN-accredited registrars;
• The possibility to flag urgent requests that need to be prioritized by registrars; and
• A feature allowing brand owners to submit important information such as court decisions and any other documentation required for the registrar’s review.

With an easier process, a single form for all registrars, an inbuilt administration tool and most importantly standardisation, RDRS was designed to be a response to the barriers experienced by professionals who need to access domain data to take action against trade mark infringement.

Turbulence

Unfortunately, these promises have not been realised, and brand owners have experienced much turbulence on RDRS’s maiden flight.

First, RDRS is a proof of concept for ICANN, open for two years and designed to collect as much data as possible from both brand owners and registrars in order to design the future Standardized System for Access and Disclosure (SSAD).

Uptake has been slow. Some pressure is still being put on brand owners to use RDRS as much as possible, but the system has proven to be inefficient. Similarly, registrars were encouraged to participate during ICANN 79, as current take-up is still low.

Those who have used RDRS have identified early limitations to the system, including:

• It only works for gTLDs, and with growing threats on ccTLDs, centralisation and standardisation are not possible.
• RDRS is a case management tool. Many people were hoping to get live access to WHOIS data once the registrar accepted the request. However communication between requestor and registrar is conducted outside of the tool, and it doesn’t support any messaging or ticketing features.
• Domains registered using proxy services are out of scope.
• Participation is optional and registrars are simply invited to participate. Currently only 91registrars have joined RDRS (as of June 2024). It is still possible to make requests to registrars not participating in RDRS, but they must be performed via email or phone, for example… and outside RDRS of course.

Not the tool we were hoping for

In May 2024, ICANN announced changes to how the metrics are reported and improved functionality for both requestors and registrars.

The last RDRS Usage Metrics report published in June 2024 showed a growing number of requestors (4,496 since launch) and requests (1,371 since launch), as well as a growing interest from IP holders.

Despite this, the number of approved requests is still low – 250 since launch; just 5.5% of the total requests.

Six months after its launch, RDRS is not the tool that IP rights holders, cybersecurity investigators or consumer protection organisations were hoping for, and it looks like proposed improvements are designed more towards increasing the number of registrars onboarding rather than looking at the reasons why brand owners are not getting their requests approved.

Patrick Hauss is Head of Corporate Development and Strategic Alliances EMEA at CSC Digital Brand Services and a member of the MARQUES Cyberspace Team