GoDaddy Challenges Delhi Court Order Ending Default Privacy for Domain Owners
Domain registrar GoDaddy is challenging a Delhi High Court order that ends default privacy protections for domain owners. The company argues the ruling violates data privacy laws and has global implications.
GoDaddy, a major domain name registrar, has filed an appeal against a Delhi High Court order that aims to curb fraudulent websites by ending default privacy for domain owners. The company contends that the ruling strips legitimate website owners of privacy protections and imposes a global policing role on registrars.
The appeal, filed in a larger bench of the High Court, argues that the December order's directives violate data privacy regulations, including India's Digital Personal Data Protection (DPDP) Act and the EU's GDPR. GoDaddy asserts that removing default privacy and requiring the disclosure of registrant details within 72 hours exposes ordinary users to stalking and harassment. The company continues to offer and market "free privacy protection forever."
The court order, stemming from the Dabur India v. Ashok Kumar case, mandates that registrars implement electronic Know Your Customer (e-KYC) verification for all domain registrations. It also requires that identity masking be an optional paid service rather than the default setting. GoDaddy disputes the 72-hour disclosure requirement, stating it cannot independently determine who possesses a "legitimate interest."
The original order was prompted by over 1,100 domains impersonating brands like Tata Sky and Amul, allegedly used for selling fake franchises and job opportunities. The court found that several registrars were not merely passive intermediaries but had actively promoted fraudulent sites, leading to the imposition of stricter liability and disclosure requirements.
GoDaddy warns that applying the order globally would be commercially destabilizing and could lead to registrars exiting the Indian market, which is a significant emerging market for the company. The larger bench of the High Court is scheduled to hear the appeals on July 16. The case questions who has the authority to set rules for the domain name system, with the court appearing to take on a rule-making role.