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    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 wildblue on Friday May 16 2003, @12:37AM (#11658)
    User #3681 Info
    In the statement by Orin Hatch he says,

    "Allowing a trademark owner to proceed against the domain names themselves, provided they are, in fact, infringing or diluting under the Trademark Act"

    The key words here are "to proceed against the domain names themselves."

    The domain could not be lost by default since the - in rem - action is brought against the domain name itself, not the alleged owner of the name.

    This is new law no doubt, but the plantiff in the action would have to prove to the satisfaction of the court that the domain is in violation of a trademark before it is taken away from it's current owner, whoever that may be.

    As far as dns whois, I'm not sure I follow you. If you mean because the servers are known somehow the registrant of a particular name is known.

    If that is what you are talking about, then I would assume someone who wants to protect their identity would not use their own servers for a domain they do want the whois information known.
    [ Reply to This | Parent ]
    Re:Anonymity protected by US Federal Legislation
    by wendy@seltzer.com on Friday May 16 2003, @01:04PM (#11666)
    User #2661 Info
    No, they can come to court as "John Does," much as anonymous message-board-posters currently do when someone seeks their identities or tries to sue them for defamation. (See for example the motions to quash subpoenas in Cullens v. Doe [eff.org].)

    If ICANN didn't require "accuracy," use of pseudonymous contacts could be one way of preserving privacy while registering a domain name.

    [ Reply to This | Parent ]


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