Public Registrant Search outputting how many domains registrants own. Is it legal?

[friday]

At no stage in the purchase of a domain when accepting the registration terms and conditions does a registrant grant permission to anyone to publicly display how many other domains they own.

I believe there is a distinct difference between displaying public whois information and generating new data from public whois databases. While I accept that the various whois databases around the world are more or less in the public domain I find it an invasion of privacy where combined whois information is manipulated & compiled and new data is generated that output new information such as how many domains a registrant has.

In any case it is wrong but is it legal?

 

[draggar]

If your registration is not set up as private, then it is public information, but I don't think it can be 100% accurate. What if my domains are though different registrars, different contact emails, and some are to my home address and some are to a PO box?

I don't see it as being illegal. The information is the same and still public information.

Now, if they claim you own a domain that damages your reputation (without proof that you own it) then that's called slander (and is illegal).

 

[Gerry]

This has been debated and rehashed else where on this and other forums.

The duplication, compiling of, copying, and transmitting of lists for the intention of profit is against all the TOS of registrants and ICANN regulations.

 

[Focus]

yeah, I fully agree..these f*ckers are only concerned with making money and exposing domainers who own tm domains and making it easier to find multiple names people own..thats what the tool exists for in the first place and why it was created imo

 

[Theo]

Who will sue Domaintools?

 

[oziman]

IANAL or anything,
but I have used Registrant Search several times for competetive intelligence - who owns what in my niche.

And yes, I think Jay and DomainTools are primarily concerned with making money.

As for being against ICANN TOS, I feel that ICANN has a lot more pressing things that they need to clean up (how about a better UDRP for example) before worrying about this.

My .02

oziman

 

[friday]

This has been debated and rehashed else where on this and other forums.

The duplication, compiling of, copying, and transmitting of lists for the intention of profit is against all the TOS of registrants and ICANN regulations.

Thanks for the info. I agree with you Doc Com that it has been talked about a lot. But I feel very strongly about this, it violates registrants privacy because it exposes personal information that can't be found in a regular domain whois look up. In most likelihood ICANN won't take action so it will take a class action suit by registrants to stop this.

 

[nametrader]

There is an explanation and justification to your concern Friday, it is legal or illegal I am not sure.
What I am sure though is that this kind of stuff registrant info, how many domains they own, archiving of whois info, selling it etc etc are new inventions. There is no law on this and everyone interpret it in their own way. The lucky ones win, luck is more towards the corporations.
We are just talking here about this stuff and we are all victims of it. How they are using our information is like a puzzle.
For example no one knows my mobile number(I have one private one just for domain whois sake), I am in Canada and I am getting so many political campaign calls, whois shows Canadian address and all, area code is Canadian, why the hell they are calling me? because whois information is public until you protect it, whatever anyone does with that info is left to them.

Yes Privacy should be bought I hear that, but why should I buy? when this has become a universal nuisance, why is that ICANN sleeping when they can display information, they can hide it too and only release to law enforcement when needed, we should have that option. It is very very funny that we pay to protect our information :lol:, ICANN can simply make it mandatory to provide option to check/uncheck privacy when registering or updating whois info. Oh well to the ones who say if this option is provided fraud will increase, can they tell how accurate the whois info is now there are thousands of inaccurate records, it makes no difference except protecting us.

For all good things to happen to us domainers(Yes this is business and it is may be 12 years old but what the heck it is business after all) we should have a co-op society which comprises of Domainers as its operators we all elect them. We can work together well. We can represent us well in the court of law etc etc. This kind of thing is long due.
Some exists but where is the activity, support and representation, we have to make a powerful one.

Hmmm I guess I will rest now enough typing.