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> ICANN can't do the sensible thing and just discontinue whois Note that this is not about discontinuing WHOIS, but discontinuing the collection of the "techni
by ckastner 8y ago
> ICANN can't do the sensible thing and just discontinue whois
Note that this is not about discontinuing WHOIS, but discontinuing the collection of the "technical contact" and "administrative contact".
The domain owner's data are still collected, and this collection is still being carried out by the registrar without dispute (page 3, last sentence).
The argument is that if ICANN needs to contact someone with regards to a specific domain, contacting the domain owner should be sufficient, so ICANN's argument that they "need" the Tech-C and Admin-C aren't valid.
The court agreed with that, but note that at this point, this is only about a preliminary injunction.
- merb 8y agowell you basically can write everything into Tech-C and Admin-C and you would still get a valid domain.
- ckastner 8y agoWhile factually correct, I assume that one is contractually obligated to provide valid details, and then, not doing so would then be a breach of contract.
- TheSpiceIsLife 8y agoYou can't be contractually compelled to do something illegal.
- ckastner 8y agoYep, and that's the argument that the registrar made in this case, and the court agreed. Edit: Well, technically, the court agreed that you cannot be compelled to provide this information. However, I don't see why not one could voluntarily provide this information, in which case providing invalid information would still probably be a breach of contract.
- merb 8y agoWell what's the problem of providing an Tech-C Email and an Admin-C Email and fill the other values with "technically" correct values. i.e. Name: Personal Blog Administrator Email admin@example.com the other information could be empty https://whois.icann.org/en/lookup?name=google.com https://whois.icann.org/en/lookup?name=google.com
- davidgould 8y agoThis misses the main privacy point. The registrar is the "data controller" and has to disclose and get consent for any use of the information collected including the domain owner identity other than what is required for registering the name. So without consent they cannot disclose or publish information about the domain owner. Which pretty much kills the whois service.