Mark Jeftovic – Confessions of an ex-opponent of Whois Privacy
Under new guidelines . . . domain holders with sites associated to “commercial activity” will no longer be able to protect their private information with WHOIS protection services. “Commercial activity” casts a wide net, which means that a vast number of domain holders will be affected. Your privacy provider could be forced to publish your contact data in WHOIS or even give it out to anyone who complains about your website, without due process. Why should a small business owner have to publicize her home address just to have a website?
Tens of millions of gTLD registrations – one-fifth or more of the total – lurk in the shadows of the public Whois, through a completely unregulated proxy registration system that is the antithesis of transparency. These registrations need to be brought into the sunlight. While there is a legitimate role for proxy registrations in limited circumstances, the current system is manipulated to make it impossible to identify or contact those responsible for abusive domain name registrations.
As a result of these experiences, we believe that absent a breach of service terms such as net abuse, the only basis for disclosing underlying Registrant data, especially to copyright and trademark complainants should be subject to: a court order (in a competent jurisdiction to the Proxy provider) a subpoena (in a competent jurisdiction to the Proxy provider) a pending civil action a URS or UDRP action. . . .
2) That a guiding principle of any future Next Gen Whois / RDS Working Groups should incorporate legal due process and end-user, (that is Registrant) control over their own data records, complete with automated mechanisms to alert Registrants when inquiries are made into their records, what the purpose of those inquiries are and allowing Registrants the ability to withhold disclosure (except in cases of overt net abuse or where a law enforcement agency is pursuing a legitimate investigation subject to a valid warrant).
Mark Jeftovic, EasyDNS
About Mark Jeftovic
Mark Jeftovic is the founder and CEO of easyDNS.com, an outsourced DNS provider since 1998 He is also the former Director to Canadian Internet Registration Authority (CIRA), 2002-2005.
Mark’s writings synthesize Austrian economics, anarcho-capitalism, cyberpunk theology and cryptocurrencies. He more closely resembles a mad scientist at large in the real world than a tenured theory-only academic, cloistered somewhere in a government-funded think-tank.
Mark is also running in the upcoming Canadian elections as a Libertarian.
He discusses his political and interviews on The Anarchast:
For 15 years he was also a founder, singer and guitarist of The Parkdale Hookers, the underground power-pop group was a frequent staple of Toronto’s NXNE festival and heard on the airwaves of CBC Radio3.
The Parkdale Hookers latest release . . . Multi Media World.