[Gnso-ppsai-pdp-wg] What is content and what isn't

Frank Michlick frank at domaincocoon.com
Thu Oct 30 13:22:41 UTC 2014


Hi,

On 2014-10-29 6:05 PM, Metalitz, Steven wrote:
> Volker (or others), are you aware of any provider that does not reserve the right unilaterally to terminate its service, i.e., "publish" in our definition, for a range of reasons, including but not necessarily limited to violation of the terms of service?  
>
I would imagine that most privacy providers would reserve this to
protect themselves in various forms (I am not a lawyer though); just to
be safe. This does not mean that they would make use of this provision
lightheartedly and without verification of the request.

Reserving the right to reveal information does not mean that anyone will
be able to ask for it without proper legal grounds will receive the
information - and not just because it might violate the domain owner's
right to privacy (not just in the EU), but also because the provider
wants their customers to be able to trust them.

Ultimately I believe that making it easy to reveal this information will
achieve nothing to protect anyone from real criminals, just like address
validation doesn't. If you want to do something bad, it's easy to find
an address that passes validation and yet does not match any of the
domain registrant's details. They don't need whois privacy for that, but
maybe in the future everybody will have to provide their ID in order to
be allowed to register a domain...

Giving up or limiting the right to privacy will not solve these issues.

/FM



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