How waterproof are anonymous domain regsitrations?

faxxaff · 2005-09-21, 01:40 PM

I am currently facing an issue with one of my domains. I used it as a jumpstation with links to some brothels and escorts in a certain country as well as ads to related pornsites.

The title would be something like foreigntown-sexguide.com. Since I frequently travel to this foreign country, I just saw a big newsmagazine on TV where they made a big thing out of my site ... promoting porn and prostitution in that clean neighbourhood, etc. and they were going to take legal steps against the webmaster ... poor me

because I abused the name of their town to scroupulously give them a bad reputation.

I have the domain registration data protected privately, that means the registrar's name shows up in the whois records, only. Anybody have experiences with the privacy policies of these services? Under what circumstances will they give out my info?

SirMoby · 2005-09-21, 03:50 PM

I think that you'll have to read the TOS and the Privacy Policy. They are not all the same. Think about what country is hosting your domain and what country my be trying to get the information.

Most crime fighting organizations have budgets for purchasing information. The question you may want to ask is how much money are they willing to pay. If it's a country like Singapore I'm not sure I'd back any time soon.

ecchi · 2005-09-22, 03:54 PM

As SirMoby says, they all differ, however all those I have used (2 American, 3 European) do state that the privacy protection is only to protect you from spam, hate mail, etc. and that they will not withhold your info if it becomes a legal matter. I believe (but check this before acting on it, because it is years since I was told this and things change) that in a legal matter no domain seller will keep your details private because they would loose their right to register domain names if they did.

If you really want anonymity, you need a good fake ID, preferably in another country.

faxxaff · 2005-09-23, 04:19 AM

The whois protector reads something like this:

>>> Your contact information will only be disclosed if required by a court of competent jurisdiction, an arbitration award, directions from ICANN, or if there is a breach to our service agreement. <<<

I guess I am fairly safe as long as US courts or US law enforcements agents are nor involved. Hope my host will not share any info ...

ecchi · 2005-09-23, 04:52 AM

"a court of competent jurisdiction" - does not have to be a US court. All the town has to do is get a court order in its own court house.

"directions from ICANN" - If there is a "legal or moral" question ICANN are liable to go with the side that they see as holding the "moral high ground". Remember they are beholden to the US government, and look where there head is at at the moment.

And beware of that "an arbitration award" clause. This means that if someone sues you, sends notice to webmaster@foreigntown-sexguide.com, and you get found guilty regardless of if you were in court, or even answered the email, and the court decides you have to pay damages for giving the town a bad name, then your registrar has said it will give them your name and address so that they know where to come and collect the money.

I think your question should not be "How waterproof are anonymous domain registrations?" but "what are the laws in the country where you may be prosecuted?". If the court is liable to throw any such case out without even hearing it, or if you are liable to win, or even loose but be fined some small pittance, then go on as you are. But if there is a real risk that you will loose hard, then set yourself up a fake ID and sell your business to the fake ID.

However I think the people you have to ask are lawyers, either in the country you are talking about or a local (to you) lawyer that specialises in the laws of that country. I doubt that anyone on this board has the legal knowledge required to answer these questions for you.

faxxaff · 2005-09-23, 06:04 AM

Thanks for the input ecchi. I will definately need to do something to hide my identity better.

I was in believe that US law is effective in the US, only. Therefore I would think that a US based company is not supposed to act upon some ruling of another third world country that opposes US laws (free speech, etc.)

But as you say, itt is a question for a lawyer. But that is to expensive to do for a domain with less than 200 visitors a day ...

-

SirMoby · 2005-09-23, 09:34 AM

Now how about telling us the country? I'm curious

ecchi · 2005-09-23, 12:43 PM

RE "I was in believe that US law is effective in the US, only." Yes it is. But the conditions you quoted did not specify US law, in fact they deliberately say "a court of competent jurisdiction" which basically means "The law of the country the dispute is in" E.G. If you are German, the town you are referring to is in Australia, and your server is in Russia, then "a court of competent jurisdiction" means a German, Australian or Russian Court.

2005-09-21, 01:40 PM	#1
faxxaff I've always wondered if there was a god. And now I know there is -- and it's me Join Date: Mar 2005 Location: Vietnam Posts: 326	How waterproof are anonymous domain regsitrations? I am currently facing an issue with one of my domains. I used it as a jumpstation with links to some brothels and escorts in a certain country as well as ads to related pornsites. The title would be something like foreigntown-sexguide.com. Since I frequently travel to this foreign country, I just saw a big newsmagazine on TV where they made a big thing out of my site ... promoting porn and prostitution in that clean neighbourhood, etc. and they were going to take legal steps against the webmaster ... poor me because I abused the name of their town to scroupulously give them a bad reputation. I have the domain registration data protected privately, that means the registrar's name shows up in the whois records, only. Anybody have experiences with the privacy policies of these services? Under what circumstances will they give out my info?

2005-09-21, 03:50 PM	#2
SirMoby Jim? I heard he's a dirty pornographer. Join Date: Aug 2003 Location: Washington, DC Posts: 2,706	I think that you'll have to read the TOS and the Privacy Policy. They are not all the same. Think about what country is hosting your domain and what country my be trying to get the information. Most crime fighting organizations have budgets for purchasing information. The question you may want to ask is how much money are they willing to pay. If it's a country like Singapore I'm not sure I'd back any time soon.

2005-09-22, 03:54 PM	#3
ecchi Banned Join Date: Oct 2003 Location: About to be evicted!!!! Posts: 4,082	As SirMoby says, they all differ, however all those I have used (2 American, 3 European) do state that the privacy protection is only to protect you from spam, hate mail, etc. and that they will not withhold your info if it becomes a legal matter. I believe (but check this before acting on it, because it is years since I was told this and things change) that in a legal matter no domain seller will keep your details private because they would loose their right to register domain names if they did. If you really want anonymity, you need a good fake ID, preferably in another country.

2005-09-23, 04:19 AM	#4
faxxaff I've always wondered if there was a god. And now I know there is -- and it's me Join Date: Mar 2005 Location: Vietnam Posts: 326	The whois protector reads something like this: >>> Your contact information will only be disclosed if required by a court of competent jurisdiction, an arbitration award, directions from ICANN, or if there is a breach to our service agreement. <<< I guess I am fairly safe as long as US courts or US law enforcements agents are nor involved. Hope my host will not share any info ...

2005-09-23, 04:52 AM	#5
ecchi Banned Join Date: Oct 2003 Location: About to be evicted!!!! Posts: 4,082	"a court of competent jurisdiction" - does not have to be a US court. All the town has to do is get a court order in its own court house. "directions from ICANN" - If there is a "legal or moral" question ICANN are liable to go with the side that they see as holding the "moral high ground". Remember they are beholden to the US government, and look where there head is at at the moment. And beware of that "an arbitration award" clause. This means that if someone sues you, sends notice to webmaster@foreigntown-sexguide.com, and you get found guilty regardless of if you were in court, or even answered the email, and the court decides you have to pay damages for giving the town a bad name, then your registrar has said it will give them your name and address so that they know where to come and collect the money. I think your question should not be "How waterproof are anonymous domain registrations?" but "what are the laws in the country where you may be prosecuted?". If the court is liable to throw any such case out without even hearing it, or if you are liable to win, or even loose but be fined some small pittance, then go on as you are. But if there is a real risk that you will loose hard, then set yourself up a fake ID and sell your business to the fake ID. However I think the people you have to ask are lawyers, either in the country you are talking about or a local (to you) lawyer that specialises in the laws of that country. I doubt that anyone on this board has the legal knowledge required to answer these questions for you.

2005-09-23, 06:04 AM	#6
faxxaff I've always wondered if there was a god. And now I know there is -- and it's me Join Date: Mar 2005 Location: Vietnam Posts: 326	Thanks for the input ecchi. I will definately need to do something to hide my identity better. I was in believe that US law is effective in the US, only. Therefore I would think that a US based company is not supposed to act upon some ruling of another third world country that opposes US laws (free speech, etc.) But as you say, itt is a question for a lawyer. But that is to expensive to do for a domain with less than 200 visitors a day ... -

2005-09-23, 09:34 AM	#7
SirMoby Jim? I heard he's a dirty pornographer. Join Date: Aug 2003 Location: Washington, DC Posts: 2,706	Now how about telling us the country? I'm curious

2005-09-23, 12:43 PM	#8
ecchi Banned Join Date: Oct 2003 Location: About to be evicted!!!! Posts: 4,082	RE "I was in believe that US law is effective in the US, only." Yes it is. But the conditions you quoted did not specify US law, in fact they deliberately say "a court of competent jurisdiction" which basically means "The law of the country the dispute is in" E.G. If you are German, the town you are referring to is in Australia, and your server is in Russia, then "a court of competent jurisdiction" means a German, Australian or Russian Court.