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    Highlights of the ICANNWatch Archive
    (June 1999 - March 2001)

    This discussion has been archived. No new comments can be posted.
    WHOIS Privacy Issues Report Smokescreens Problem | Log in/Create an Account | Top | 9 comments | Search Discussion
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    Re:Anonymity protected by US Federal Legislation
    by KarlAuerbach on Friday May 16 2003, @10:30AM (#11662)
    User #3243 Info | http://www.cavebear.com/
    If I sue your domain name in-rem, and you chose not to show up (in order to hide your identity) do you think that your domain name is going to put up a good defense? Will it hire a good team of lawyers to confront the claims that the trademark owner has asserted? Will it testify or present evidence that it is not being used in ways that do not infringe on the mark?

    No, it won't - unless you or your attorneys show up, identify yourself (oops, there goes your anonymity and privacy), and make a defense.

    The in-rem provisions do nothing to protect the privacy of dns registrants, that is unless they want to lose by default when their names are challanged.

    And in the meantime ICANN requires registrars and registries to publish personally identifiable information, to the great damage to the privacy of large numbers of people. The in-rem provisions have absolutely no impact on that huge breach of privacy.
    [ Reply to This | Parent ]
    Re:Anonymity protected by US Federal Legislation by KarlAuerbach
    Re:Anonymity protected by US Federal Legislation
    by wildblue on Friday June 13 2003, @04:40AM (#11801)
    User #3681 Info
    You are assuming that the trial judge plays no part other than to rubber stamp the plaintiffs contention.

    I totally disagree. The law requires him to consider the legal issues of a case.

    I don't know anyone who had a domain taken away in arbitration that clearly should not have been taken away.

    Why are you talking about dns registrants, I don't follow you. If you register a domain name you don't have to use your own dns. Most people don't.

    ICANN cannot legally require registrar to publish personal whois information about registrants.

    It is clear that they understand this by their not coming up with a definitive policy on the accuracy of whois information.
    [ Reply to This | Parent ]

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