> 
> Since GDPR has pushed for a public WHOIS to disappear  (even though ICANN 
> seems to be resistant), how do those of you in the email world feel this will 
> affect those of us who believe in the best practice of having clients/users 
> turn off WHOIS Privacy on their domains?
> 
> E.G we have - for both our ESP & SMTP service, made WHOIS PRIVACY a 
> validation check upon setting up and sending and those with WHOIS PRIVACY 
> enabled are unable to send through our service(s) until its disabled.

First, I just really want to applaud that policy.  We always caution our 
certification customers that private WHOIS is seen by some as a one indicator 
(out of many, to be sure, but still one) that you may be more blackhat than 
whitehat, or, at least, some shade of grey.

> 
> I would guess this would now be a null and void policy or one that will soon 
> be impossible to enforce/rely upon?
> 

Do we yet know which registrars will be making WHOIS private by default (and 
among them, who will be offering the "outing yourself" option - i.e. making it 
public?) and which ones (if any) will still be having public as a default?

I'm actually surprised that there hasn't been more registrar pushback, as some 
of them have been charging all along for making your WHOIS data private, so 
this is impacting their revenue.

Anne

Anne P. Mitchell, 
Attorney at Law
CEO/President, 
SuretyMail Email Reputation Certification and Inbox Delivery Assistance
http://www.SuretyMail.com/
http://www.SuretyMail.eu/

Attorney at Law / Legislative Consultant
GDPR Compliance Consultant
Author: Section 6 of the CAN-SPAM Act of 2003 (the Federal anti-spam law)
Author: The Email Deliverability Handbook
Legal Counsel: The CyberGreen Institute
Legal Counsel: The Earth Law Center
Member, California Bar Cyberspace Law Committee
Member, Colorado Cybersecurity Consortium
Member, Board of Directors, Asilomar Microcomputer Workshop
Member, Advisory Board, Cause for Awareness
Member, Elevations Credit Union Member Council
Former Chair, Asilomar Microcomputer Workshop
Ret. Professor of Law, Lincoln Law School of San Jose

Available for consultations by special arrangement.
[email protected] | @AnnePMitchell
Facebook/AnnePMitchell  | LinkedIn/in/annemitchell


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