[Gnso-ppsai-pdp-wg] Company Disclosures - Irish Case
James M. Bladel
jbladel at godaddy.com
Tue Aug 18 16:07:30 UTC 2015
I agree with this. I also agree with the reverse: That simply because one
form of transparency (website operator) is required by law, it does not
necessarily extend to other platforms (WHOIS, business directories, etc.)
Thanks‹
J.
On 8/18/15, 10:39 , "gnso-ppsai-pdp-wg-bounces at icann.org on behalf of
Kiran Malancharuvil" <gnso-ppsai-pdp-wg-bounces at icann.org on behalf of
Kiran.Malancharuvil at markmonitor.com> wrote:
>It doesn't really. How does an affirmative obligation to disclose one
>thing divest of any discussion about transparency in another regard?
>
>Kiran Malancharuvil
>Policy Counselor
>MarkMonitor
>415-419-9138 (m)
>
>Sent from my mobile, please excuse any typos.
>
>On Aug 18, 2015, at 8:32 AM, Thomas Rickert
><rickert at anwaelte.de<mailto:rickert at anwaelte.de>> wrote:
>
>Hi Kiran,
>in Germany (and mostly throughout the EU based on harmonized law), there
>are information and disclosure requirements for telemedia services. The
>information duties are different depending on the service or information
>offered, but they are conclusive, i.e. if you follow what is explicitly
>requested by law, then you are compliant. There is no such requirement
>for whois.
>
>I hope this helps.
>
>Best,
>Thomas
>---
>rickert.net<http://rickert.net>
>
>
>Am 18.08.2015 um 16:26 schrieb Kiran Malancharuvil
><Kiran.Malancharuvil at markmonitor.com<mailto:Kiran.Malancharuvil at markmonito
>r.com>>:
>
>Thanks Michele,
>
>I did read the entire document as well as the "leaflet" linked. Thanks
>again for providing.
>
>It hasn't been my experience that the absence of a direct reference to a
>parallel or complimentary issue in a law means that there is no law or
>legal standard governing or guiding that parallel or complimentary issue.
>
>Nor would I draw the somewhat surprising conclusion that Volker makes
>that requiring disclosure on a website makes Whois unnecessary.
>
>Question: who enforces this provision? How do consumers or consumer
>protection companies submit requests where that information is missing or
>incorrect?
>
>K
>
>Kiran Malancharuvil
>Policy Counselor
>MarkMonitor
>415-419-9138 (m)
>
>Sent from my mobile, please excuse any typos.
>
>On Aug 18, 2015, at 7:09 AM, Michele Neylon - Blacknight
><michele at blacknight.com<mailto:michele at blacknight.com>> wrote:
>
>Kiran
>
>If you read the entire document and the ³leaflet² linked to they only
>talk about websites and pages on websites. There¹s also an advisory that
>they put out some time back about email communications.
>
>There is nothing anywhere that refers to whois in any shape or form.
>
>If all the contact details, company number etc., are on the website (and
>probably in the emails) then I doubt anyone really cares about what may
>or may not be in the public whois records.
>
>Bear in mind also that the .ie ccTLD public whois contains less detail
>than that of a gTLD:
>domain: blacknight.ie<http://blacknight.ie>
>descr: Blacknight Internet Solutions Limited
>descr: Body Corporate (Ltd,PLC,Company)
>descr: Corporate Name
>admin-c: AAE553-IEDR
>tech-c: AAM456-IEDR
>registration: 21-August-2003
>renewal: 21-August-2016
>holder-type: Billable
>wipo-status: N
>ren-status: Active
>in-zone: 1
>nserver:
>ns.blacknightsolutions.com<http://ns.blacknightsolutions.com>
>nserver:
>ns2.blacknightsolutions.com<http://ns2.blacknightsolutions.com>
>source: IEDR
>person: Blacknight.com<http://Blacknight.com> Hostmaster
>nic-hdl: AAE553-IEDR
>source: IEDR
>person: Blacknight.ie<http://Blacknight.ie> Hostmaster
>nic-hdl: AAM456-IEDR
>source: IEDR
>
>If more detail, such as physical address, etc., were required under Irish
>law I¹m pretty sure the .ie ccTLD would include in their whois output.
>
>It¹s also worth noting that the whois for .ie in common with most other
>ccTLDs rate limits queries.
>
>Regards
>
>Michele
>
>--
>Mr Michele Neylon
>Blacknight Solutions
>Hosting, Colocation & Domains
>http://www.blacknight.host/
>http://blog.blacknight.com/
>http://www.blacknight.press - get our latest news & media coverage
>http://www.technology.ie
>Intl. +353 (0) 59 9183072
>Direct Dial: +353 (0)59 9183090
>Social: http://mneylon.social
>Random Stuff: http://michele.irish
>-------------------------------
>Blacknight Internet Solutions Ltd, Unit 12A,Barrowside Business
>Park,Sleaty
>Road,Graiguecullen,Carlow,Ireland Company No.: 370845
>
>
>
>
>
>
>On 18/08/2015 14:55, "Kiran Malancharuvil"
><Kiran.Malancharuvil at markmonitor.com<mailto:Kiran.Malancharuvil at markmonito
>r.com>> wrote:
>
>Hi Michele,
>
>I'm missing the part of the law that expressly states that this doesn't
>apply to Whois? (implicit exclusions of the laws applicability would
>work too) Could you send that? Or maybe it's a case?
>
>Kiran Malancharuvil
>Policy Counselor
>MarkMonitor
>415-419-9138 (m)
>
>Sent from my mobile, please excuse any typos.
>
>On Aug 18, 2015, at 5:25 AM, Michele Neylon - Blacknight
><michele at blacknight.com<mailto:michele at blacknight.com>> wrote:
>
>One of the arguments some people put forward against privacy / proxy is
>one of ³transparency²
>
>Under Irish law limited companies (not businesses / sole traders) have
>disclosure obligations on their website(s)
>These do NOT apply to whois
>
>³Every limited liability company which has a website is also required to
>display either on its homepage or to be identified on its homepage, a
>readily accessible webpage on which the following appear:
>
>the name and legal form of the company
>the place of registration of the company and the number with which it is
>registered
>the address of the registered office of the company
>in the case of a company exempt from the obligation to use the company
>type (Companies Limited by Guarantee/Designated Activity Companies) as
>part of its name, the fact that it is such a company.
>in the case of a company which is being wound up, the fact that it is
>being wound up
>if the share capital of a company is mentioned on the website, the
>reference must be to the paid-up share capital"
>
>And
>https://www.cro.ie/Registration/Company/Incidental-Obligations/Letterheads
>
>
>So you will find Irish companies that are using proxy / privacy on the
>whois but who publish all their contact details on their website(s)
>
>You¹ll also notice that many of the European registrars (myself included)
>have our company details in our email signatures - whereas most Non-EU
>based companies don¹t Š.
>
>Regards
>
>Michele
>
>--
>Mr Michele Neylon
>Blacknight Solutions
>Hosting, Colocation & Domains
>http://www.blacknight.host/
>http://blog.blacknight.com/
>http://www.blacknight.press - get our latest news & media coverage
>http://www.technology.ie
>Intl. +353 (0) 59 9183072
>Direct Dial: +353 (0)59 9183090
>Social: http://mneylon.social
>Random Stuff: http://michele.irish
>-------------------------------
>Blacknight Internet Solutions Ltd, Unit 12A,Barrowside Business
>Park,Sleaty
>Road,Graiguecullen,Carlow,Ireland Company No.: 370845
>
>
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