Hi there!

I'm interested in hearing the opinion of those who are experienced in the legal field. My question is whether a domain registrar has the right to ask for a scan of our passport to verify our identity. Do they have the right to refuse service if we refuse to comply? Additionally, why is the use of a domain name a paid service and not just an option?

I recently had a similar experience where a foreign domain registrar requested my passport information, which made me uncomfortable. While I understand the need to provide accurate data, I am unsure whether this is legally required or just a rule set by the ICANN (which is not a government organization). Is it legal for the registrar to require personal data in this way, and does their contract hold any weight if it contradicts Federal Law?

I would appreciate input from those knowledgeable in Federal Law and the protection of personal data, especially those familiar with laws in the US where the ICANN is based.

Any thoughts on this matter?

Hello!

Just like any other legal entity that provides services, a domain registrar may require your personal data in order to create a contract with you. However, you have the right to refuse to provide this information and decline their services altogether.

Regarding the "whois" service that displays information about the owner of a domain name, the availability of this feature for free depends on the registrar's policy. Many registrars offer this service at no extra cost, but others may charge for it.

In the US, personal data protection is governed by various laws such as the Privacy Act, the Health Insurance Portability and Accountability Act (HIPAA), and the Gramm-Leach-Bliley Act. However, when dealing with international domain registrars, the legal landscape becomes more complex.
Firstly, it's important to note that the Internet Corporation for Assigned Names and Numbers (ICANN) is a non-profit organization responsible for coordinating the maintenance and methodologies of several databases related to the namespaces and numerical spaces of the Internet. While ICANN sets policies and guidelines, it does not have statutory authority to create or enforce laws. Therefore, its rules are not legally binding in the same manner as federal or state laws.

When considering whether a domain registrar has the right to request a scan of your passport, it often depends on the laws and regulations in the registrar's home country. Some countries have stricter identity verification requirements due to anti-money laundering regulations or other legal obligations. However, these requirements may conflict with the data protection laws of other countries.

In the case of refusal to provide the requested personal data, a registrar may have the right to refuse service based on their terms and conditions. This is commonly seen in the contractual agreements between the registrar and the registrant. Nevertheless, these terms and conditions must also comply with the laws of the countries in which the registrar operates and where the registrant resides.

It is essential to carefully review the registrar's terms and conditions as well as their privacy policy to understand the extent of their data collection and usage. Furthermore, if you believe that the registrar's requirements contradict federal law, it would be advisable to seek legal counsel to evaluate the specific circumstances and assess the legal implications.

Regarding the payment for domain name registration, it's important to understand that the operation of domain name systems involves technical, administrative, and operational costs. Domain registrars provide a range of services including DNS management, WHOIS privacy, and customer support, all of which require resources and infrastructure. Therefore, the fees associated with domain registration encompass these operational expenses along with a margin for the registrar's services.
The request for personal data by a domain registrar, the refusal of service due to non-compliance, and the legality of their contractual terms in relation to federal law are complex matters that necessitate a thorough examination within the specific legal context. It's advisable to seek guidance from legal professionals with expertise in international data protection laws and contractual analysis to address these concerns effectively.