RE: [registrars] domainsbyproxy.com

["John Berryhill" <john@xxxxxxxxxxxxxxxxx>]

>Do you think that is a legal service? My reading of the whois guidelines
>makes me believe that the real owner has to appear in the whois. 


It is specifically authorized by ICANN in the Registrar Accreditation
Agreement:

http://www.icann.org/registrars/ra-agreement-17may01.htm#3
------------------
3.7.7.3 Any Registered Name Holder that intends to license use of a domain
name to a third party is nonetheless the Registered Name Holder of record
and is responsible for providing its own full contact information and for
providing and updating accurate technical and administrative contact
information adequate to facilitate timely resolution of any problems that
arise in connection with the Registered Name. A Registered Name Holder
licensing use of a Registered Name according to this provision shall accept
liability for harm caused by wrongful use of the Registered Name, unless it
promptly discloses the identity of the licensee to a party providing the
Registered Name Holder reasonable evidence of actionable harm
--------------

Your customer may file a UDRP, and it is then incumbent upon GoDaddy to
supply the contact information to the dispute resolution provider.

The National Arbitration Forum is notable in its inability to understand
that ICANN has established this procedure, so even when the proxy service
provides the contact information to the NAF, they will still often go
forward with the name of the proxy service and you will see UDRP decisions
which issue against proxy services.  They don't care.  They don't have to.