The ICANN 75 meeting in Kuala Lumpur is upon us and WHOIS data access issues continue to be of significant concern for businesses and other stakeholders. One of the recent concerns that has been raised in connection with access to WHOIS data is whether some registrars still require legal process/orders to be submitted to get redacted WHOIS information.
Since the implementation of the General Data Protection Regulation (GDPR), some registrars have been requiring a legal process/order to deliver this redacted WHOIS data to brand holders. While some registrars have moved away from this requirement, our data shows that over 89 registrars of the 340 registrars to whom we have made requests still require some form of legal action or process. Here is a sampling of some of the responses received:
- If you seek user or account information of a…customer in connection with a civil legal matter, you must personally serve us with a valid subpoena.
- …we require a Subpoena or a U.S. Court Order to be issued by Law Enforcement in the U.S… Please contact the U.S. Department of Justice (USDOJ) and follow the MLAT process, which would grant us approval to present the data to the U.S. DOJ, who in turn would share the data with you.
- ...in regards to the information you have requested from our users, we require a duly issued and valid subpoena, warrant, or court order…