Whois Display Issue at GoDaddy Poses Legal Risk

“If someone were to do a Whois search for this domain name or likely any domain name in my portfolio that doesn’t have Whois privacy enabled, it would look like I personally own the domain name.”

Domain registrars are required to collect a “name” and “organization”. They have no idea whether the domain name is registered on behalf of the individual named or the organization. In fact, GoDaddy made this clear during the GDPR discussions at ICANN some time ago. When it was proposed that redaction of WHOIS was not required for domains registered to corporations instead of individuals, GoDaddy’s position was that they cannot tell which ones are or are not intended to be registered to the identified organization, which might simply be there for identification purposes. That’s kind of interesting, when you consider that a basic requirement of a contract is to know who the parties are to the contract. One way to avoid ambiguity is to use a “role” account for the name – i.e. “Domain Administrator” which identifies the person who is the domain administrator for that Organization’s domain name (and identifies them as “Domain Administrator”). But, there is nothing inherent in having a “name” and “organization” in the whois data which distinguishes the domain name as being registered to the named individual or the organization as the “owner” (and, again, “owner” is a difficult term, since what you have with the registrar is a service contract, not a title document).

There is definately a lot to find out about this subject. I like all the points you made

With all due respect to John Berryhill, Registrars are NOT simply required to collect a “name” and “organization.” What Registrars are REQUIRED to do is: “6.1. Registrar MUST collect or generate … 6.1.9. Registrant Name” …. AND
6.5. Registrar MUST provide the opportunity for the Registered Name Holder to provide values for the following data elements. If provided by the Registered Name Holder, Registrar MUST collect the following data element values:
6.5.1. Registrant Organization…. 6.6. If the Registered Name Holder enters a value for the Registrant Organization data element, Registrar MUST inform the Registered Name Holder that: 6.6.1. The Registrant Organization will be published in RDDS if the Registered Name Holder agrees to the publication of the value; and 6.6.2. The Registrant Organization will be considered the Registered Name Holder. 6.7. Registrar MAY collect additional data elements as required by its Registry-Registrar Agreement and/or the Registry Operator’s Registration Policy….
see https://www.icann.org/en/contracted-parties/consensus-policies/registration-data-policy#collection-registration-data . GoDaddy is not unique in converting a simple task into a very complicated process. ICANN specializes in that and in allowing SLOPPY practices of registrars to continue in violation of the intent or explicit language of ICANN Policy. Overpaid ICANN management and staff are too lazy or inept to do their jobs competently. Registrars have FORMS that do NOT ask for identification of the full, correct, and legal Name of Registrant (e.g., if the registrant is an individual, list the full correct legal NAME of the individual; if a legal entity, list the full correct legal name of the legal entity, etc.) Instead, the idiotic GoDaddy FORM apparently only seeks “contact info” i.e., a “name” and “organization” as contacts for the “Registrant.” In your particular case, GoDaddy has apparently decided (without your consent) that a contact “name” = “registrant” (even though you listed your LLC as “organization”) according to GoDaddy’s “Raw Registrar RDAP Response” for selfcare.com at https://lookup.icann.org/en/lookup . Many registrants, myself included, have tried repeatedly to get this MESS corrected at ICANN and have given up. ICANN is beyond INEPT. I would not follow John Berryhill’s suggestion to replace your name with “Domain Administrator” as too many have followed that practice and somebody named “Domain Administrator” must be listed as “Registrant” of millions of domain names worldwide according to the “Raw Registrar RDAP Responses” of like-minded registrars! The quick FIX is just list your LLC twice (as “name” and “organization”) on the IDIOTIC FORM. The real FIX for this “MESS” (and GoDaddy is only one of many registrars failing in this regard) is for ICANN to strike the words “or generate” from its policy and simply REQUIRE Registrar to COLLECT the “Registrant Name” from the registrant or its duly authorized officer or agent, i.e., put the burden on the REGISTRANT to correctly identify itself in accordance with ICANN Policy. It is OBVIOUSLY beyond the competence of most ICANN-accredited registrars to correctly identify (“or generate”) the Registrant Name in accordance with existing ICANN Policy!