Domain Name Wire

Registrars Defend Domain Name Whois Privacy

by Kevin Murphy

Domain registrars are fighting off critics of Whois privacy on multiple fronts at the ICANN meeting in Cartagena, Colombia this week.

In the latest example, registrars led by Tucows CEO Elliot Noss today savaged an ICANN draft advisory that would hold affiliated privacy services accountable for cybersquatting customers.

In May, ICANN said that as far as it is concerned proxy/privacy services are liable for how customers use their domains, under the Registrar Accreditation Agreement that all registrars must sign, unless they hand over the details of the true registrant.

The advisory highlighted ongoing tensions between domain registrants, which want privacy, and law enforcement and intellectual property interests, which want to be able to more easily track down cybersquatters and criminals.

But Noss said during a session in Cartagena today that almost every nastygram Tucows receives concerning its privacy services – the company gets one a day – comes from an IP lawyer.

He said that ICANN’s interpretation of the RAA assigns contract rights to third parties that would open up registrars to frivolous lawsuits.

Noss and Mason Cole from Oversee.net, representing ICANN registrars, said they would prefer dialogue with trademark owners and best practices for cooperation.

Tim Ruiz from Go Daddy said ICANN should “kill off” the advisory in its entirety.

But IP lawyers at the meeting, including Fabricio Vayra of Time Warner, said that best practice guidelines would need to be binding for all registrars in order to be effective.

The meeting ending with a vague promise from ICANN to organize further discussions.

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Tags: Domain Registrars, go daddy, oversee.net, Tucows, whois-privacy