USMCA would require .US, .MX and .CA domains to have public access to WHOIS

USMCA would require .US, .MX and .CA domains to have public access to WHOIS

New trade agreement includes provision for Whois of country code domain names.

The new United States-Mexico-Canada Agreement, or USMCA, includes a requirement that the three member countries provide public access to Whois data for their respective country code domain names. It also mandates that the country code domains have a UDRP-like mechanism for resolving cybersquatting disputes.

Chapter 20 of the USMCA on Intellectual Property states:

Article 20.C.11: Domain Names

In connection with each Party’s system for the management of its country-code top-level domain (ccTLD) domain names, the following shall be available:

(a) an appropriate procedure for the settlement of disputes that, based on, or modelled along the same lines as, the principles established in the Uniform Domain-Name Dispute-Resolution Policy or that:

(i) is designed to resolve disputes expeditiously and at low cost,
(ii) is fair and equitable,
(iii) is not overly burdensome, and
(iv) does not preclude resort to judicial proceedings, and

(b) online public access to a reliable and accurate database of contact information concerning domain name registrants, in accordance with each Party’s law and, if applicable, relevant administrator policies regarding protection of privacy and personal data.

In connection with each Party’s system for the management of ccTLD domain names, appropriate remedies shall be available at least in cases in which a person registers or holds, with a bad faith intent to profit, a domain name that is identical or confusingly similar to a trademark.

The part about a database of contact information does not seem to preclude allowing Whois privacy and proxy services.

The United State’s country code domain is .US, Mexico’s is .MX and Canada’s is .CA.

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