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'Domains by Proxy' Hands Over Personal Details of "Pirate" Site Owner

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RazorNF

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To shield their identities from the public, many site owners use domain privacy services. Domains by Proxy is one of the most used services in this niche, but the operator of a linking site found out that it's far from secure. Responding to an inquiry from the Motion Picture Association, the company shared his personal details.

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In recent months the group has approached several site owners requesting them to take down their sites, or face legal action.

One way to identify the owners of said sites is through domain WHOIS information, which is publicly available. However, this becomes problematic when site owners use so-called domain privacy services, which hide their personal details from the public. At least, that’s what’s assumed.

As it turns out, not all of these services are as private as one might think. The operator of a linking site learned this the hard way when ‘Domains by Proxy‘ shared his personal details with the MPA.

The domain privacy service, which is owned by GoDaddy founder Bob Parsons, handed over his personal details without a subpoena, or any form of due process.

“We have received a possible legal complaint regarding your domain name xxx.com,” Domains By Proxy informed the site owner.

read more https://torrentfreak.com/domains-proxy-hands-personal-details-pirate-site-owner-140307/
 
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RazorNF said:
The domain privacy service, which is owned by GoDaddy founder Bob Parsons, handed over his personal details without a subpoena, or any form of due process.

Typical of Godaddy - at any sign of trouble, their own customers are presumed guilty until proven innocent.

However if there WAS due process, they would be obligated to turn over the info. Privacy only protects you so far ...
 
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This is the disclosure agreement for Domains By Proxy:

4. DBP'S RIGHTS TO DENY, SUSPEND, TERMINATE SERVICE AND TO DISCLOSE YOUR PERSONAL INFORMATION

You understand and agree that DBP has the absolute right and power, in its sole discretion and without any liability to You whatsoever, to:

Cancel the privacy service (which means that Your information will be available in the "Whois" directory) and/or reveal Your name and personal information that You provided to DBP when:
A. Required by law, in the good faith belief that such action is necessary in order to conform to the edicts of the law;
B. To comply with a legal process served upon DBP; or
C. In order to comply with ICANN rules, policies or procedures

Resolve any and all third party claims, whether threatened or made, arising out of Your use of a domain name for which DBP is the registrant listed in the "Whois" directory on Your behalf; or
Take any other action DBP deems necessary:
A. In the event you breach any provision of this Agreement or the DBP Anti-Spam Policy;
B. To protect the integrity and stability of the applicable domain name Registry;
C. To comply with any applicable laws, government rules or requirements, subpoenas, court orders or requests of law enforcement;
D. To comply with ICANN's Dispute Resolution Policy;
E. To avoid any financial loss or legal liability (civil or criminal) on the part of DBP, its parent companies, subsidiaries, affiliates, shareholders, agents, officers, directors and employees;
F. If the domain name for which DBP is the registrant on Your behalf violates or infringes a third party's trademark, trade name or other legal rights; and
G. If it comes to DBP's attention that You are using DBP's 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:

1. Appeal purely to the prurient interests of third parties;
2. Defame, embarrass, harm, abuse, threaten, or harass third parties;
3. Violate state, federal or international law;
4. Involve hate crimes, terrorism and child pornography;
5. Are tortious, vulgar, obscene, invasive of a third party's privacy, racially, ethnically, or otherwise objectionable;
6. Impersonate the identity of a third party;
7. Harm minors in any way; or
8. 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.

You further understand and agree that if DBP is named as a defendant in, or investigated in anticipation of, any legal or administrative proceeding arising out of Your domain name registration or Your use of DBP's services, Your private registration service may be canceled, which means the domain name registration will revert back to You and Your identity will therefore be revealed in the Whois directory as Registrant.



I think it is clear above that hiding behind Domains By Proxy, is not exactly a "secured" way to ensure your privacy.
 
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Privacy only protects you so far ...

Yup, especially if that privacy service provider risks being sued for someone else's issue.

At least Go Daddy is (somewhat) clear and consistent on this matter. Small consolation, of course, to those affected.
 
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No matter how evil some companies are, if you willingly entered into a contractual legal agreement to do business with them, then you deserve to be covered by their evil rules. No surprises there.

The problem mostly, is that we seldom take the time to read the very long Terms Of Use and Policies. Sometimes even a single word on the document, makes a big difference.
 
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