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Services</title></head><body>
<div>Thomas Roessler's blogged about proxy providers. Perhaps some
information useful for you
<http://log.does-not-exist.org/archives/2004/02/24/1371_proxy_regi<span
></span>stration_providers.html></div>
<div><br></div>
<div>A recent high-profile (ish) anonymous blogger, Billmon
<http:/www.billmon.org> from Davos
<http://billmon.org/archives/000980.html>. Davos is in parts off
the record (so famous/rich people can tell the truth? :-) and while it
has been welcoming of blogging (Joi Ito, various panels, etc.)
anonymous comment from that place is interesting I think.</div>
<div><br></div>
<div>(blog blog blog... sorry! )</div>
<div><br>
Adam<br>
</div>
<div>(blog at <http://www.too-much.tv> dull stuff, heart not in
it...)</div>
<div><br></div>
<div><br></div>
<div><br></div>
<div>At 11:00 AM -0500 2/23/04, KathrynKL@AOL.COM wrote:</div>
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<blockquote type="cite" cite><font face="Arial" size="-1">To All:<br>
Thanks for all the responses to my questions about pen names and proxy
domain name registration services. Your input was very
helpful. <br>
<br>
Below is a draft I have prepared for NCUC's response to questions #3
about proxy services. In researching these questions, I found
that there is really no anonymity and very little privacy protection
from these proxy services -- they will quickly hand over the domain
name registrant's data if the company asking is big enough, and for
any law enforcement request (with or without due process). I
have used a few examples -- if you have any more please let me
know.<br>
<br>
Please take a look, and let me know if you have changes or
corrections. We should submit these by Wednesday. Thanks,
Kathy<br>
*********************************************************************<span
></span>**********************<br>
TF2 Questions to All Constituencies<br>
Noncommercial Users Constituancy Comments on<br>
Question 3 Re: ³Anonymous Domain Name Registrations.² <br>
<br>
Preface:<br>
The Noncommercial Constituency believes that the right to anonymous
communication on the Internet and elsewhere is a fundamental
human right. For countries that value democracy, anonymity
is often the way that a political minority publishes its dissenting or
minority opinions that argue for a change of government official and
their policies. The Internet has become a major voice for those
who engage in political dialog.<br>
<br>
For countries that do not value democracy, the need for anonymity is
even greater. It is anonymity that protects the human rights
groups and their members who research and publish about torture,
jailed dissidents, corruption, bribery, election rigging and other
crimes against their people. The Internet has become a major
voice for those who trumpet human rights abuses.<br>
<br>
For those who value cultural and personal freedom, the need for
anonymity is great. Since the beginning of writing, the use of
pseudonyms (pen names) has allowed writers to publish their candid
literary critiques of their societies (e.g., Moliere, Voltaire, George
Sand, Mark Twain). It has allowed politicians to change their
name to more popular variations (e.g., German chancellor Willi Brandt,
born Herbert Frahm) and actors to assume more pleasing titles (e.g.,
Tom Cruise, born Thomas Cruise Mapother IV and Meg Ryan, born Margaret
Hyra). The Internet has become a major voice by which people
share their plays, stories, ideas, and concerns.<br>
<br>
The tradition of anonymity and privacy in other mediums means that
online we should not be forced to relinquish our names, home
addresses, home phone numbers and personal email as a ³cost² of
posting our expression.</font></blockquote>
<blockquote type="cite" cite><font face="Arial"
size="-1"><br></font></blockquote>
<blockquote type="cite" cite><font face="Arial" size="-1">The TF2
Questionnaire asked:</font></blockquote>
<blockquote type="cite" cite><font face="Arial"
size="-1"><br></font></blockquote>
<blockquote type="cite" cite><font face="Arial" size="-1">A. Please
comment on any mechanisms that you are aware of to allow anonymous
domain registrations, or to limit the amount of contact data made
publicly available through Whois? Please also comment on the
conditions under which the registrant's anonymity is lifted when these
services are used.<br>
<br>
Overview: The Noncommercial Constituency is aware of no
mechanisms that allow (and maintain) anonymous domain registrations.
We are aware of a few services that limit the amount of contact data
provided publicly through the WHOIS database, but submit that these
groups provide little true privacy or protection.</font></blockquote>
<blockquote type="cite" cite><font face="Arial" size="-1"><br>
Discussion: Because it is the stated requirement of ICANN that
Registrars must collect and provide public access to domain name
registrant data, including name, address, phone, fax and email.
(Registrar Accreditation Agreement Section II (F)), the vast majority
of ICANN Registrars do so without providing options for privacy or
anonymity. There are a few companies that offer some level of
privacy protection, but their efforts, to the best of our knowledge do
not rise anywhere close to anonymity protection for protected
noncommercial and commercial speakers. <br>
<br>
The companies we know that provide a level of privacy in domain name
registration offer a ³proxy² service. For an
additional fee, the ³proxy provider² will place its own
information in the Registrant, Administrative Contact, and Technical
Contact fields. Unfortunately, we have found that these services
offer minimal privacy protection, but in some cases great
exposure.<br>
`<br>
1. Companies that Offer Domain Name Registration Services;
Conditions Under Which Anonymity is Lifted<br>
<br>
The best-known company today offering domain name proxy services is
ICANN-Accredited registrar Go Daddy based in the United States.
Marketing its privacy service under the business name ³Domains by
Proxy,² Go Daddy urges: ³Make your domain registration
private! Protect yourself from spam, scams, prying eyes and worse.²
For an extra fee of $12 a year (currently marked down to $9 a year),
Domains by Proxy will enter its name and contact information in the
WHOIS data, and the domain name registrant believes he/she/it is
purchasing privacy protection.<br>
<br>
At the outset, there is clearly no protection for anonymous speech in
the Domains by Proxy registration because anonymity means that the
speaker does not have to disclose his/her/its identity. Domains
By Proxy, however, makes clear in its Agreement that the Registrant
must provide his/her/its full name, address, email, phone and fax
numbers to Go Daddy as a condition of registration -- subject to loss
of the domain. <br>
<br>
³In exchange for DBP [Domains
By Proxy] becoming the Registrant of each domain name
registration on Your behalf, DBP shall keep Your name, postal
address, phone and fax numbers confidential, subject to Section 4 of
this Agreement.² <br>
Domain Name Proxy Agreement
(DNPA), Section 1.
www.domainsbyproxy.com/popup/DomainNameProxyAgreement.htm#gd<br>
<br>
Further, the Domains by Proxy agreement clearly gives Go Daddy the
ability to fully disclosure a registrant¹s personal data without
notice to the Registrant, without an opportunity to challenge the
disclosure with Go Daddy or challenge the subpoena in court, and in
situations without definitive proof of wrongdoing or
illegality. <br>
<br>
According to its Agreement, Go Daddy gives itself ³the absolute
right and power, in its sole discretion and without any liability to
You whatsoever² to ³close Your Account² and ³reveal Your name
and personal information² for numerous reasons, including:<br>
³requests from law enforcement (with or seemingly without due
process) and<br>
<br>
- ³if the domain name DBP
registers on Your behalf violates or infringes a third party¹s
trademark, trade name or other legal rights² (with or
seemingly without any
legal decision). DNPA, Section 4.<br>
<br>
History bears out Go Daddy¹s commitment to the terms of its
Agreement. In April 2003, Go Daddy disclosed the personal
information of Re-Code.com on the demand of Wal-Mart, without a court
order and without prior notice to the Registrant. Wendy Seltzer,
Staff Attorney with the Electronic Frontier Foundation, reported with
shock the disclosure in her blog: <br>
<br>
³On April 10th, Re-Code
[registrant] was informed that their anonymity service agreement
had been terminated by Domains by Proxy on the mere allegation
of unlawful activity. Unfortunately, that means the anonymizing
service fails just when it¹s needed most. It fails to
protect unpopular speakers from the chilling effect of threats.
We still need anonymous domain name registration for those
cases.² <br>
<br>
<br>
2. Other Services Offer Even Greater Exposure for Domain Name
Registrants</font></blockquote>
<blockquote type="cite" cite><font face="Arial" size="-1"><br>
Yet, Domains by Proxy may be the best example of proxy services that
we have. Go Daddy is a well-respected company, and we expect it
would honor requests for transfer and renewals by its Domains by Proxy
customers.<br>
<br>
Unfortunately, the deep need for privacy and anonymity in domain
registration is driving human rights organizations and others into the
hands of much less scrupulous businesses. These third companies are
not ICANN-accredited registrars, but contract with Registrars for
domain names on behalf of their customers. <br>
<br>
Those registering domain names under our current system are at great
risk. Because in this ³proxy² model, the third-party company
(³private proxy provider²) places its name is in the WHOIS
information on behalf of the Registrant. If the Registrant wants
to renew the domain name or transfer it to another Registrar or
registration company, it is completely at the will of the private
proxy provider. <br>
<br>
Last year in the US, this type of situation turned into disaster for
thousands of domain name holders working with third-party proxy
company that went bankrupt. The Registrants, mostly individuals,
small organizations and small businesses seeking to keep their home
information out of the global databases, lost all ability to control
their domain names. They could not renew or transfer them
because the proxy company failed to respond. Hundreds of
complaints went to the state Attorney General¹s office. Dozens
of domain names (if not more) were lost, together with their websites,
listservs and the array of noncommercial and commercial expression
that the registrant offered. The situation caused a tremendous
amount of hardship, lost expression, and lost businesses. It is
not the price that an organization or individual should have to pay
for privacy and anonymity. <br>
<br>
Conclusion:<br>
<br>
Privacy is a right, not a privilege. The NCUC submits that, to
the extent allowed by local law, ICANN-Accredited Registrars and thick
Registries should be allowed and encouraged to offer privacy and
anonymity as a regular feature of the domain name registration
process. To be consistent with the protections of human
rights, freedom of expression and due process, these privacy and
anonymity protections should be real -- not subject to the limitations
of fine print or the intimidation of a large
company.</font></blockquote>
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