Domain Privacy a Must for Some

["R. Wilson" <randolph.wilson@xxxxxxxxx>]

ICANN:


I am a retired IT person who (without pay) sometimes operates issue
oriented web sites on behalf of various causes.  I have no address other
than my residence, and I live in a very accessible location in a major city.


Because there are those who disagree with the views expressed on these
sites, threatening emails are sometimes received.  I rely on a domain
privacy service to help protect myself and my family from any extremist
individuals or groups who may wish to do harm.


If you interfere with the operation of domain privacy services, you may
silence or endanger many voices across the political and social spectrum.


Some sites rely on advertisement or donations to help defray the cost of
operation, and may be classed as commercial sites regardless of the site's
actual intent.  And to be fair, certain types of businesses may have
similar safety issues because they are in some way controversial, or
opposed by certain elements of our society.


Domain privacy is a lawful, ethical, and necessary tool which in no way
hampers the legal process.  Every domain proxy service I have ever used
makes contact information available to law enforcement and the courts.


Furthermore, a rule eliminating commercial customers from the use of domain
privacy services may diminish the economic viability of domain proxy
businesses providing such services, causing them to become generally
unavailable, or prohibitive in cost.


Far too often in recent years, privacy rights have been cast aside for the
benefit of litigators and prosecutors.


The simple truth is, such entities, if their case is legitimate, already
have ample means to unmask site owners through the legal process.


Demonstrating that there is legitimate reason to pierce the veil of privacy
and obtain a warrant or subpoena is a very modest barrier when the
alternative is to promiscuously expose everyone to the abuses which flow
from publication of domain ownership information.


As an example of such abuse, I have seen more than one small business
defrauded by scammers using domain ownership information to generate
fraudulent domain registration invoices.  Such fraud becomes far less
viable when a domain is registered with a privacy service.


For a personal site on which I do not use domain privacy, I myself have
from time to time received such fraudulent invoices.  Not every small
business person is technically savvy enough to know if such an invoice is
legitimate, and domain privacy can be a useful tool in helping a small
business manage their web presence safely.


Please do not let special interest lobbyists persuade you to interfere with
an important privacy tool simply because they do not wish to be
inconvenienced by the basic protections provided to us all through due
process.


Or, more disturbingly, because some may want access to data that can be
used for unwarranted harassment of domain holders when they lack adequate
basis to obtain a subpoena or to pursue matters properly through the courts.


These large litigators will have no trouble obtaining information under
present law if there is the slightest basis provided for the court to
conclude that their case may be credible.


The Internet has been a great leveler between the Davids and Goliaths of
the world, but the Goliaths are hard at work in their efforts to destroy
that equalizing effect. Privacy is precious and fragile.  Please help us
safeguard it, as we shall all be poorer if it is lost.


Finally, instead of regulating away our privacy, why not add a "privacy"
flag to the registry record, blocking the publication of the information,
and referring those with a legal basis for disclosure to the registrar,
thus converting privacy from an expensive (for small users) add-on, to an
inherent part of domain registry with no additional cost involved?


Thank you,


Randolph Wilson