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Ask HN: Why is it legal to privately register a domain?

4 pointsby tallerhollerover 9 years ago
What is the legal basis for this? When someone builds a building or trademark's a name, their information is public domain. Why are domain's allowed to be privately registered and hidden from the public domain?

4 comments

detaroover 9 years ago
EDIT: for everyone reading, see also <a href="https:&#x2F;&#x2F;news.ycombinator.com&#x2F;item?id=10113303" rel="nofollow">https:&#x2F;&#x2F;news.ycombinator.com&#x2F;item?id=10113303</a> for context of OPs question<p>The legal basis is that there are no stronger requirements as &quot;there has to be somebody listed&quot; made by the registry for the TLD, which is a (more-or-less, depending on the case) private entity and can set those rules, within the ICANN guidelines.<p>more theoretical: Why shouldn&#x27;t it be allowed?<p>Building ownership or IP can also be done &quot;privately&quot; through companies. I bet many people owning domains are thankful that their personal information is NOT so easily accessible, and if there is a strong public need (legal case, prosecution) the intermediaries will hand out the information. Where required they&#x27;ll also forward messages they are sent.<p>FWIW, here in Germany it is harder to do so and I don&#x27;t like it, because it connects my website to myself a bit too easily, and I don&#x27;t even publish particularly critical stuff.<p>What need do you have that is more important than the rights of the owner?
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dalkeover 9 years ago
I don&#x27;t understand the basis of your question. If it&#x27;s not specifically required then it&#x27;s legal.<p>Building permits and trademarks are required to be public. Other records are not required.<p>Consider corporate ownership. Some US states allows anonymous corporate ownership. (See <a href="http:&#x2F;&#x2F;blogs.reuters.com&#x2F;great-debate&#x2F;2012&#x2F;10&#x2F;09&#x2F;its-time-to-eliminate-anonymous-shell-companies&#x2F;" rel="nofollow">http:&#x2F;&#x2F;blogs.reuters.com&#x2F;great-debate&#x2F;2012&#x2F;10&#x2F;09&#x2F;its-time-to...</a> complaining about such companies.) If it&#x27;s okay to own a company without that information being public, then why not a domain?<p>Such companies are used as shell companies. If you want to trademark a name but not have others know that it&#x27;s you, then start a Nevada LLC, owned by a Delaware LLC, owned by a company registered in the Cayman Islands, owned by you, and have the Nevada company take out the trademark.<p>Also, the term you want is &#x27;hidden from the public&#x27; not &#x27;hidden from the public domain.&#x27; &quot;Public domain&quot; applies to, for example, works that were under copyright but are no longer so.
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ryanlolover 9 years ago
Domains aren&#x27;t generally &quot;privately registered&quot;, but instead the WHOIS info is replaced with a forwarding service. Similar arrangements are fairly common with companies and trademarks.
tmalyover 9 years ago
my understanding is the private ones are actually assigning ownership to this private holding company. They show their info instead of yours. There is a small risk you could lose your domain if they decided to run with it.