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New Zealand's Domain Name Commission Wins Injunction in a Lawsuit Against DomainTools

New Zealand's Domain Name Commission today won a motion for preliminary injunction in a US lawsuit against the company DomainTools. Plaintiff argued that DomainTools breached the Commission's terms of use and exposed details of domain name holders who choose to have their details kept private. Domain Name Commissioner, Brent Carey, in a release today said: "We look forward to presenting our full case to the Court, as we seek to permanently prevent DomainTools from ever building a secondary .nz database offshore and outside the control of the Domain Name Commission."

DomainTools argued that this lawsuit may cause an avalanche of litigation as a result of other registries also attempting to protect the privacy of their registrants to which Judge Lasnik responded they may be correct.

The court paper here.

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One can only hope! Volker Greimann  –  Sep 12, 2018 10:41 PM PST

"this lawsuit may cause an avalanche of litigation as a result of other registries also attempting to protect the privacy of their registrants"

Has privacy whois hot been working for Charles Christopher  –  Sep 17, 2018 6:28 AM PST

Has privacy whois hot been working for you? Oh wait, .NZ does not allow it:

https://iwantmyname.com/blog/how-to-turn-on-whois-privacy-for-nz-domains

"From the .nz Domain Name Commission (items in bold were highlighted by us for clarity):

This feature allows individual registrants of a .nz domain name who are not in significant trade to withhold some of their registration information from display in a WHOIS search (to be known as a .nz query search). The registrant’s name, email address and country will still be visible; however, IRPO will withhold their registrant address and registrant telephone number from display.

But its DomainTool's fault ....

This is an issue of DomainTools and others ignoring registrar and registry terms of service. But if we are going to discuss privacy, then the issue fails on the registry for NOT ALLOWING PRIVACY WHOIS. Privacy Whois would have made DomainTools data worthless, the .NZ registry accepts responsiblity for not allowing the tool the industy VOLUNTARILY CREATED 16 YEAR AGO to address this very issue: Privacy Whois.

http://domainincite.com/23231-these-33-people-will-decide-the-future-of-whois

"It is the registrant who controls whether his information gets published after all, not the registrar."
- Volker Greimann

Only if the REGISTRY allows the registrant to have that choice ....

"The most effective way to destroy people is to deny and obliterate their own understanding of their history."
- George Orwell

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