Preserve the Proxies!

Under the original ethos of the 'Net, those who registered domain names were required to make publicly available their contact information.

A technical loop-hole was found. One party could register a domain name, and that party could provide its own contact information; yet the party could allow (and perhaps even be contractually required to allow) some other party to use the domain name for its own ends. So the technical registrant was a proxy agent for the practical holder. This loop-hole was challenged, but ultimately allowed to remain.

Now pressure is being brought upon ICANN to prohibit proxies for what are deemed commercial sites. The primary motivation appears to be to help firms identify and pursue those who infringe upon trademarks and other intellectual property. (At present, they would have to get a court order requiring the proxy service to release the identity of the practical holder.)

I think that this effort should be strongly resisted. At the time that the use of proxies began, I had mixed feelings about it. But use of the Internet and of the World-Wide Web has evolved, and evolved within the context of this proxied registration being an accepted practice. A rule-change now would impose new costs — sometimes quite significant — on many people, the vast majority of whom are quite innocent of any trespass on intellectual property. Further, I note that most of those who are deliberate in their infringements are unlikely to have qualms about using using proxies that simply claim to be practical holders.

You may want to read ICANN's discussion of the matter

Comments may be sent to comments-ppsai-initial-05may15@icann.org before 7 July.

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