The Case of OpOc
vs. Special Circumstances"> There are two main proposals being considered and a number of more detailed questions. The two new models are called OPoC (the Operational Point of Contact) and the Special Circumstances proposal. OPoC, which I discussed in a recent column, is backed by many (self-styled, perhaps) privacy advocates, and is similar to GoDaddys DomainsByProxy model: The contact information is no longer that of the actual domain owner, but some third party with a code that allows them to contact the actual owner. Crucially, OPoC, as the ICANN report says, "does not include a mechanism for access to Whois data by, for example, law enforcement agencies or intellectual property rights holders."This limitation has led many to support the alternative Special Circumstances model, also known as the Netherlands Model, because the rules are similar to those governing the .nl top-level domain: "It allows individuals who demonstrate the existence of special circumstances to substitute contact details of the registrar for the data that would otherwise appear in published Whois." In other words, it allows some people to use the OPoC model if they qualify. So who qualifies? According to the ICANN report:
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Someone is spying on Whois requests and snatching the domains. How does it work? Click here to read more.
- The proposal envisages that full contact data of individuals would be held back from publication in the Whois only when this "would jeopardize a concrete and real interest in their personal safety or security that cannot be protected other than by suppressing that public access." This would seem to indicate that the vast majority of contact information would be published in the Whois, and that means of access to unpublished data would rarely be required.