DomainTools Appeals To Seek To Continue Flouting .NZ Whois Terms of Use



Lawyers for DomainTools and .NZ’s Domain Name Commission (DNCL) slugged it out for another round in the US courts as DomainTools appealed a preliminary injunction that prevented them from creating a shadow database of .nz registrant data. However, the case is likely to have wide ranging implications on registrant data collected by top-level domain registries and how that data can be used by third parties such as DomainTools.

The case has revolved around whether DomainTools should be able to access .nz registrant data. DomainTools have claimed the registrant data is a publicly available database, accessed via port 43, for free, and is necessarily so available for cybersecurity purposes.

What the record shows is that DomainTools surreptitiously downloaded 94% of DNCL’s database. It created a shadow database in clear violation of the terms of use and then it used that database to do things that DNCL’s terms of use flatly prohibit and it’s here today because it wants to resume doing those things even though it knows the terms of use flatly prohibit it.

A decision is expected anytime in the next few months.

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