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Re: [ga] Privacy and Whois databases



Actually, thats not quite accurate.  In many jursidictions property
owners can lose their property simply by failing to pay the fees (also
called taxes).  

THe concept of *Ownership* of a domain has been hotly debated over the
past few years, but the bottom line rests with the courts.  US courts
tend to think in terms of ownership , the recent Umbro case coming to
mind.

Per Koelle wrote:
> 
> Hi everybody.
> 
> Please....
> Dont use the word "owner" of a domain !
> The fact is, that you dont "own" anything, but the right to
> use a certain domain.
> IF you were "owner" of a domain, then nobody could take it
> away, just because you didnt pay some fee to the registry.
> You could at the most be "sat on hold", BUT NOT removed.
> I think, that the word "holder" is a much more precice word.
> 
> Regards
> Per Koelle
> DK Hostmaster
> 
> On Mon, 18 Oct 1999, Annie Renard wrote:
> 
> >
> >  In your previous mail you wrote:
> >
> >            The dot.god and dot.satan top level domains will both support
> >            anonymous registrations.
> >
> >        I'm not familiar with dot.god and dot.satan and some web searches turn
> >       ed
> >        up nothing.  Could you elucidate please?
> >
> >            Any addressing information is between the
> >            registrar and the domain holder, and not the business of anyone el
> >       se.
> >
> >        May I ask on what basis you make this statement?
> >
> >        The agreement that registrars make with ICANN
> >           http://www.icann.org/nsi/icann-raa-28sept99.htm
> >        says in Part F, Public Access to Data on SLD Registrations
> >        that the `name and postal address of the SLD holder' must be listed/ma
> >       de
> >        available in whois.   Admittedly `holder' is somewhat vague and you
> >        might be able to argue that this could be the registrar or some agent
> >        registration, on behalf of the person/organization who actually reques
> >       ted
> >        the domain name and will own it.
> >
> > no, the SLD holder MUST be the registrant (admin contact in the organization
> > requesting the domain name) which own the domain name, not the registrar.
> > There are many problems with some registrars which "keep" the registered
> > domaine name and the registrant have big difficulties to delegate its
> > domain name to another registrar.
> >
> >        I hope so.  I'd very much prefer to not list the domain name owner
> >        contact information, and am searching for arguments to help our legal
> >        folks buy into the idea.
> >
> > in the WHOIS database we need "professional" information of the
> > administrative contact in its organisation, not some "private" information.
> >
> > ---
> >         Annie Renard    [nic@nic.fr]
> >         AFNIC/NIC France
> >       c/o INRIA domaine de Voluceau BP105, 78153 Le Chesnay CEDEX, France
> >       http://www.nic.fr/
> >       Personal Email: Annie.Renard@nic.fr
> >

-- 
Dan Steinberg

SYNTHESIS:Law & Technology
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