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Is This A Surprise?

  • To: "privacy-proxy-study@xxxxxxxxx" <privacy-proxy-study@xxxxxxxxx>
  • Subject: Is This A Surprise?
  • From: "Michele Neylon :: Blacknight" <michele@xxxxxxxxxxxxx>
  • Date: Wed, 7 Oct 2009 16:52:37 +0100

I'm not 100% sure what exactly ICANN was hoping to "discover" with  
this study or what this study's "goal" is, so providing comments on it  
is awkward.

As things stand most gTLD's have fundamentally broken WHOIS, as  
private individuals are given some very simple options:

1 - Use valid details
2 - Use invalid details (while keeping them plausible)
3 - Use invalid details that are completely implausible
4 - Use a privacy / proxy service to hide their details

While this study may have only looked at a snapshot of domain names,  
as would be expected, even its results are probably inaccurate to a  
certain degree due to registrants opting to provide invalid, yet  
plausible details. Since there is zero validation on whois data it is  
very easy for a registrant to invent a name, address etc.,

If a registrant uses valid details then they are giving up their right  
to privacy, which is protected in many countries. That ICANN policy  
forces them to do so and forces registrars to enforce this kind of  
policy is insane.

So what option do registrants really have, but to opt for a proxy  
service?

If gTLD registries and ICANN were to adopt a more "user friendly" and  
"privacy friendly" policy with respect to WHOIS data then proxy  
services would no longer be necessary (except in a much narrower set  
of circumstances).

If Telnic (.tel) were able to convince ICANN that individuals had a  
right to privacy in whois, then why should any other gTLD be any  
different? (That ICANN had to be persuaded to accept something that is  
enshrined in EU law in the first instance is nuts!)

The IP rights lobbyists like the idea of WHOIS being accessible to  
them, however I fail to see how proxy registrations help them achieve  
their goals

Regards

Michele

Mr Michele Neylon
Blacknight Solutions
Hosting & Colocation, Brand Protection
http://www.blacknight.com/
http://blog.blacknight.com/
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