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WHOIS blackout period likely starting in May

cooley.com

61–70 of 163 posts

Re: WHOIS blackout period likely starting in May

#62

I don't understand the problem. When buying a domain you do so in ICANN's jurisdiction, under their terms. Actively and voluntarily forfeiting your right to privacy should trump statutory privacy. And if that isn't enough, ICANN can fix this without compromise. One mass email. "Respond expressly allowing us to publish your PII, or lose your domain."

Yeah, that's not how the law works, sorry about that. Every human has rights that cannot simply be waived because a website says so.

Everyone has a right to privacy, and that's what the GDPR is about ensuring for EU subjects. Your thinking is extinct and I strongly suggest changing it, or fading away like everyone else who feels the same way.

Re: WHOIS blackout period likely starting in May

#63

I don't understand the problem. When buying a domain you do so in ICANN's jurisdiction, under their terms. Actively and voluntarily forfeiting your right to privacy should trump statutory privacy. And if that isn't enough, ICANN can fix this without compromise. One mass email. "Respond expressly allowing us to publish your PII, or lose your domain."

> When buying a domain you do so in ICANN's jurisdiction, under their terms.

Contract doesn't trump law, and ICANN isn't a supernation that excludes actual sovereigns from governing behavior relating to it.

> And if that isn't enough, ICANN can fix this without compromise. One mass email. "Respond expressly allowing us to publish your PII, or lose your domain."

No, it can't, IIRC, because GDPR specifically excludes this kind of “agree or no service” from qualifying as effective consent.

Re: WHOIS blackout period likely starting in May

#65

I don't understand the problem. When buying a domain you do so in ICANN's jurisdiction, under their terms. Actively and voluntarily forfeiting your right to privacy should trump statutory privacy. And if that isn't enough, ICANN can fix this without compromise. One mass email. "Respond expressly allowing us to publish your PII, or lose your domain."

> When buying a domain you do so in ICANN's jurisdiction, under their terms. Contract doesn't trump law, and ICANN isn't a supernation that excludes actual sovereigns from governing behavior relating to it. > And if that isn't enough, ICANN can fix this without compromise. One mass email. "Respond expressly allowing us to publish your PII, or lose your domain." No, it can't, IIRC, because GDPR specifically excludes t…

> No, it can't, IIRC, because GDPR specifically excludes this kind of “agree or no service” from qualifying as effective consent.

It would also set the rather terrible precedent that ICANN can add terms after the fact.

Re: WHOIS blackout period likely starting in May

#66

Earlier quoted context omitted.

> When you buy a house, your name and the purchase price are public information. Any one at any time can look up who owns a house, how much they paid for it, and how much they pay in property tax every year. Uh, really? Where?

It's a US or at least California thing. In many countries this is not reality.

It is the same in Washington state, and I suspect most other states also make this information available. I believe it is required because the taxing authority data is considered public information.

Re: WHOIS blackout period likely starting in May

#67
post #34

Earlier quoted context omitted.

When you buy a house, your name and the purchase price are public information. Any one at any time can look up who owns a house, how much they paid for it, and how much they pay in property tax every year. I get a ton of spam because of this. However, I'd rather have this system than one in which all the owners are secret. I've had to look up owner information before to contact owners of various properties, and havin…

> When you buy a house, your name and the purchase price are public information. Any one at any time can look up who owns a house, how much they paid for it, and how much they pay in property tax every year. Uh, really? Where?

Def true in Canada.

Re: WHOIS blackout period likely starting in May

#68

Earlier quoted context omitted.

What problem are you trying to solve? The problems that having an open land and property tax register solves are problems like finding fraud, money laundering, tax cheating, better valuation of properties for bank loan purposes, and so forth.

Why would YOU have to do it? For me it's enough that officials have access to this information (and common folks when requested, but with valid motivation). And as a result I don't have problems with my identity being out in the open (and I don't get a single spamy mail)

The reason this is done in public is because plenty of fraud happens when only officials can get access to property ownership and tax info -- even in countries that are relatively less corrupt.

Also, the bit about mortgages means that mortgages rates are lower when appraisals are more accurate; the largest inputs to home value appraisals in the US are sales data and tax data.

Re: WHOIS blackout period likely starting in May

#69
I really wish WHOIS would go away forever. There is absolutely no point to it. If you don’t pay to get your name private, you get SPAMMED to such an incredible degree, it’s absolutely awful. Literally 10+ calls a day, emails voicemails. So you have to buy the “privacy protection” thing, which defeats the whole purpose anyway. All WHOIS does is create an industry of people selling privacy to WHOIS. This whole narrative about “journalism” and it being used for research sounds like nonsense to me. Something tells me these people have a vested financial interest in this. Would love to hear an alternate point of view on this.

Re: WHOIS blackout period likely starting in May

#70

Earlier quoted context omitted.

You could just lie. Only the contact email really matters, and those are anonymously-routable already.

In practice, this will usually work, but it does violate ICANN rules. If this ever gets enforced, likely due to a disgruntled party making a complaint, it could backfire.

Yep, you could lose the domain. It would be a big risk to take if there's any chance someone wanted to go after the domain.
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