Domain Name Whois Privacy — Registrars Defend

by Kevin Murphy

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

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 clients.

In May, ICANN stated that as far as it is concerned proxy/privacy services are liable for how clients 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 stated during a session in Cartagena today that almost every nastygram Tucows receives concerning its privacy services – the firm gets one a day – comes from an IP lawyer.

He stated 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, stated they would prefer dialogue with trademark owners and best practices for cooperation.

Tim Ruiz from Go Daddy stated ICANN ought to “kill off” the advisory in its entirety.

But IP lawyers at the meeting, counting Fabricio Vayra of Time Warner, stated 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.