.nz WHOIS review - Fifth consultation

Please note: This consultation closed at midday, Tuesday 9 May 2017.
You can read the archived FAQs for this consultation here and an update on the entire review process is here


This is the fifth and concluding consultation relating to the WHOIS review and it is seeking comment on proposed policy changes. 

Following the fourth consultation it was decided to amend the current policy to allow individual registrants a privacy option.  This would mean only individual registrants’ name, email address and country would be displayed. Telephone number and contact address information would be withheld.  It was also decided that anybody should be able to apply for access to withheld information, but the threshold for release should be set high.  More information on the previous consultation rounds can be seen at - https://dnc.org.nz/whois-review.

Comments were sought on three proposed policy changes. The proposed amended policy clauses can be seen at https://dnc.org.nz/whois-draft-policy-clauses.  Two current .nz policies are affected by these proposed changes – the Principles and Responsibilities policy and the Operations and Procedures policy. 

1. Introducing a Registrant Privacy Option

This is the key proposed change, which introduces a Registrant Privacy Option where individual registrants – that are not in trade - are able to restrict the information displayed about them and withhold their telephone number and contact address information.

Changes proposed to the current Operations and Procedures policy are:

  • Adding ‘Registrant Privacy Option’ to the list of information Registrars are to supply if applicable (clause 7.8)
  • Adding a new Section 8 detailing the Registrant Privacy Option.  If approved this then changes the number of the following sections

2. Defining a process for requesting withheld data

The presumption is that a registrant’s withheld data will not be disclosed unless the requester can clearly establish a legitimate need and that the registrant will be notified of the request. 

Changes proposed to the current Operations and Procedures policy are:

  • Adding new clauses to the end of current Section 22 regarding the Registrant Privacy Option and requests for withheld data.
  • Adding a new Section 23 detailing the procedure for disclosure of withheld data. 

3. Amending the reference to ‘WHOIS’

‘WHOIS’ is a specific term for a technical protocol. It is proposed to make the reference to obtaining registration data more general as the policy relates to the registration data regardless of the protocol used to access it. 

Changes proposed to the current Principles and Responsibilities policy are:

  • Removing reference to WHOIS which is a specific protocol and replacing it with ‘domain name registration data query (“Query”)’.  This affects clauses 7.7, 7.8 and 11.6.

Changes proposed to the current Operations and Procedures policy are the same as that for the Principles and Responsibilities policy and affect Section 22.

Comments are now sought on the above proposed policy changes. This consultation does not extend to a reconsideration of the decision itself, or the substantive policy proposals and approach.  FAQs are available at https://dnc.org.nz/the-commission/faq If you’ve got a question that isn’t covered in the FAQs you can get in touch by using this form, or by emailing us on info@dnc.org.nz.

Submissions closed at midday, Tuesday 9 May 2017 and were published below as they were received. 

 

Submissions

Baldwins Intellectual Property pdf

NZIPA pdf

TVNZ html

NZ Bankers Association html

Stuart Bermingham html

Michael Fincham html

Ewen McNeil html

Matt Taylor html

Jonathan Brewer html

Aimee Whitcroft html

Matt Brown html

Gary Jensen html

Timo Reitnauer pdf

Jethro Carr html