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Lawyer: GoDaddy Whois changes a “critical” contract breach

Kevin Murphy, March 13, 2018, 14:06:46 (UTC), Domain Registrars

GoDaddy is in violation of its ICANN registrar contract by throttling access to its Whois database, according to a leading industry lawyer.

Brian Winterfeldt of the Winterfeldt IP Group has written to ICANN to demand its compliance team enforces what he calls a “very serious contractual breach”.

At issue is GoDaddy’s recent practice, introduced in January, of masking key fields of Whois when accessed in an automated fashion over port 43.

The company no longer shows the name, email address or phone number of its registrants over port 43. Web-based Whois, which has CAPTCHA protection, is unaffected.

It’s been presented as an anti-spam measure. In recent years, GoDaddy has been increasingly accused (wrongly) of selling customer details to spammers pitching web hosting and SEO services, whereas in fact those details have been obtained from public Whois.

But many in the industry are livid about the changes.

Back in January, DomainTools CEO Tim Chen told us that, even as a white-listed known quantity, its port 43 access was about 2% of its former levels.

And last week competing registrar Namecheap publicly complained that Whois throttling was hindering inbound transfers from GoDaddy.

Winterfeldt wrote (pdf) that “nothing in their contract permits GoDaddy to mask data elements, and evidence of illegality must be obtained before GoDaddy is permitted to throttle or deny
port 43 Whois access to any particular IP address”, adding:

The GoDaddy whitelist program has created a dire situation where businesses dependent upon unmasked and robust port 43 Whois access are forced to negotiate wholly subjective terms for access, and are fearful of filing complaints with ICANN because they are reticent to publicize any disruption in service, or because they fear retaliation from GoDaddy…

This is a very serious contractual breach, which threatens to undermine the stability and security of the Internet, as well as embolden other registrars to make similar unilateral changes to their own port 43 Whois services. It has persisted for far too long, having been officially implemented on January 25, 2018. The tools our communities use to do our jobs are broken. Cybersecurity teams are flying blind without port 43 Whois data. And illegal activity will proliferate online, all ostensibly in order to protect GoDaddy customers from spam emails. That is completely disproportionate and unacceptable

He did not disclose which client, if any, he was writing on behalf of, presumably due to fear of reprisals.

He added that his initial outreaches to ICANN Compliance have not proved fruitful.

ICANN said last November that it would not prosecute registrar breaches of the Whois provisions of the Registrar Accreditation Agreements, subject to certain limits, as the industry focuses on becoming compliant with the General Data Protection Regulation.

But GoDaddy has told us that the port 43 throttling is unrelated to GDPR and to the compliance waiver.

Masking Whois data, whether over port 43 or not, is likely to soon become a fact of life anyway. ICANN’s current proposal for GDPR compliance would see public Whois records gutted, with only accredited users (such as law enforcement) getting access to full records.

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Comments (4)

  1. Richard Funden says:

    I forgive them. They are just doing what all registrars will be doing soon anyway. And should be doing to protect our rights.

    • JZ says:

      Would you be ok with businesses hiding who they are? that only law enforcement could find out such info? anyone who buys a domain knows whois is public info, i don’t see why this is seems as so important when anyone can use whois privacy anyways.

  2. Jan Peeters says:

    Would he really believe his own lie? “This is a very serious contractual breach, which threatens to undermine the stability and security of the Internet, …”

  3. AL says:

    My account was hacked at my place of business through email and business checking all because of Go Daddy. They were able to get into emails filter godaddy emails and purchase Domains through the business account. Then sent out a mass mailing of overdue invoice to all my business contacts.

Leave a Reply to Jan Peeters