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National laws are stronger than ICANN rules

  • To: <whois-comments-2007@xxxxxxxxx>
  • Subject: National laws are stronger than ICANN rules
  • From: <Lauri.K.Hirvonen@xxxxxxxxx>
  • Date: Tue, 30 Oct 2007 21:05:26 +0200


I'm writing this as a private person, having Finnish citizenship and
living in Finland so I have to follow the laws of Finland.

I have noticed, that ICANN registered Registrars are selling the names
(like for .com, .net, .mobi etc) with rules and ways which are in
conflict with Finnish laws.

Example in Finland a company can not publish private person information
without prior approval for it from the private person.

Now many name resellers in Finland don't follow this rule. As default,
they publish the private person information in the Whois database with
out the permission from that private person. 

There are some resellers who offer an "opt out" service, but the private
person have to do this by him/her self and also has to pay extra for
this proxy service for Whois. This is also against the basic private
person consumer rights in Finland.

Finland belongs into European Union. So Finland is also following the EU
rules and implementing them into the local Finnish laws (with some

I understand that ICANN can not follow what are the local laws in every
country where the domain names are offered for sale. That is the job for
the company who offer their product for sale in that country to the
citizens of that country. They know that the local laws (consumer rights
and privacy) have to be followed. If not, they are in risk being sued
and have to go to court to solve the issue.

Best regards,

Lauri Hirvonen 

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