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Thread: Protected Whois

  1. #1
    Join Date
    Mar 2003
    Posts
    879

    Protected Whois

    Hi all,
    did a search but to NO avail.

    My question is who is able to see the real info behind protected whois?
    eg.
    Code:
    NameCheap     <<    eNom         <<   ICANN
    whois guard   --  mother of NC   --  the authority
    ----------------------------------------------------------
    Yes!!NC staff --  eNom can see?? -- Yes

    1.) Other than the above 3 parties, who else can see??
    2.) Can any 3rd party ask for the info??

    A client asked for some clarification..
    TIA

  2. #2
    Join Date
    Mar 2003
    Location
    Kathmandu, Nepal
    Posts
    3,982
    I am actually not sure if even enom or icann can see depending on how the service is done. If NC uses enom's whois protection then enom can see, but icann? Not sure.... the whois is maintained by the registrar (.com/.net) and NOT the registry (which is VeriSign). I am not sure ICANN has any access to WHOIS, VeriSign I am also not sure about. My guess would be only NC and Enom know and don't think anyone can get access to that info without a legal document or udrp filing. Then again, I am not a lawyer and don't know the exact workings of such a system, asking enom might be the best idea.
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  3. #3
    Join Date
    Nov 2002
    Posts
    4,667
    Whoisguard is a NameCheap service, you are authorizing them to substitute your name.....so yes thay can see your real info. It's a side deal between you and NameCheap. ICANN & enom would not see the real info, they would see the public WHOIS...but might have access to historic ownership data.

    A court order is not required. The registrar can & will unhide your info if someone "alleges" that you are violating their trademark or legal rights even if those claims are not valid or proven. The registrar will abandon you, they don't want to get involved, take sides, or be liable in any disputes.

    Here is the NetSol agreement, the NameCheap Whoisguard agreement is almost identical.
    http://www.networksolutions.com/en_U....jhtml#prv_reg

    3. Network Solutions Right To Disclose Your Contact Information and Terminate the Private Registration Service. You acknowledge and agree that Network Solutions has the absolute right and power, as it deems necessary in its sole discretion, without providing notice and without any liability to you whatsoever, to (a) reveal to third parties the contact information provided by you to Network Solutions in connection with the account for the applicable domain name, (b) populate the public WHOIS database with the registrant's name, primary postal address, e-mail address and/or telephone number as provided by you to Network Solutions, or (c) terminate your subscription to our Private Registration Service:

    (i) if any third party claims that the domain name violates or infringes a third party's trademark, trade name or other legal rights, whether or not such claim is valid;

    (ii) to comply with any applicable laws, government rules or requirements, ICANN policies or requirements, subpoenas, court orders, requests of law enforcement or government agencies; or

    (iii) if any third party threatens legal action against Network Solutions that is related in any way, directly or indirectly, to the domain name, or claims that you are using the domain name registration in a manner that violates any law, rule or regulation, or is otherwise illegal or violative of a third party's legal rights.
    Last edited by Techno; 06-19-2005 at 02:49 AM.

  4. #4
    Join Date
    Nov 2002
    Posts
    4,667
    http://www.namecheap.com/legal/reg-agreement.asp
    Name Cheap Whoisguard Agreement

    SERVICE PROVIDER'S SUSPENSION OR TERMINATION OF SERVICE AND DISCLOSURE OF YOUR PERSONAL INFORMATION

    In the event of any of the following:

    If the WG Domain(s) is (are) alleged to violate or infringe a third party's trademark, trade name, copyright interests or other legal rights of third parties; If you breach any provision of this Agreement or an anti-Spam policy of either Service Provider; If You breach any provision of Your registrar's Registration Agreement; If necessary to protect the integrity and stability of the applicable domain name registry; If necessary to comply with any applicable laws, government rules or requirements, subpoenas, court orders or requests of law enforcement; If Backend Service provider is named as a defendant in, or investigated in anticipation of, any legal or administrative proceeding arising out of Your use of the WG Services or an WG Domain;
    If necessary to comply with ICANN's Dispute Resolution Policy or other policies promulgated by ICANN (including policies which may preclude use a service such as ID Protect); If necessary to avoid any financial loss or legal liability (civil or criminal) on the part of Backend Service Provider, its parent companies, subsidiaries, affiliates, shareholders, agents, officers, directors and employees; OR if it comes to Backend Service Provider's attention that You are alleged to be using the WG Services for purposes of engaging in, participating in, sponsoring or hiding Your involvement in illegal or morally objectionable activities, including but not limited to, activities which are designed, intended to or otherwise: (i) appeal primarily to prurient interests; (ii) defame, embarrass, harm, abuse, threaten, or harass; (iii) violate state or federal laws of the United States and/or foreign territories; (iv) involve hate crimes, terrorism or child pornography; (v) are tortious, vulgar, obscene, invasive of a third party's privacy, race, ethnicity, or are otherwise objectionable; (vi) impersonate the identity of a third party; (vii) harm minors in any way; or (viii) relate to or transmit viruses, Trojan Horses, access codes, backdoors, worms, timebombs or any other code, routine, mechanism, device or item that corrupts, damages, impairs, interferes with, intercepts or misappropriates any software, hardware, firmware, network, system, data or personally identifiable information, THEN

    You understand and agree that Backend Service Provider has the absolute right and power, in its sole discretion and without any liability to You whatsoever, to suspend the WG Services, close Your Account, terminate provisionment of the WG Services, list the information You provided in section 2 in the Whois output or provide the information You provided in section 2 to a claimant, resolve any and all third party claims, whether threatened or made, arising out of Your use of WG Domain, or take any other action which Backend Service Provider deems necessary.

  5. #5
    Join Date
    Mar 2003
    Posts
    879
    Originally posted by kohashi
    I am actually not sure if even enom or icann can see depending on how the service is done. ....
    Thanks kohashi .. I get what you mean.... I got the idea now!!!!

  6. #6
    Join Date
    Mar 2003
    Posts
    879
    Originally posted by virginia
    Whoisguard is a NameCheap service, you are authorizing them to substitute your name.....so yes thay can see your real info. It's a side deal between you and NameCheap. ICANN & enom would not see the real info, they would see the public WHOIS...but might have access to historic ownership data.
    ....
    Thanks virginia
    The NameCheap's TOS is very infomative.

    So you are saying, my info is only kept at NameCheap's database!
    Cool... I feel the sense of security in this case.

  7. #7
    Join Date
    Jul 2001
    Location
    Canada
    Posts
    1,284
    Hmm, I wonder what would happen if a third party requested the information, citing the ICANN regulation regarding accurate public registation information?
    "Obsolesence is just a lack of imagination."

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