The European Union is planning legislation that could shortly stop individuals registering domains anonymously in the region. When an Internet domain is registered, a registrar will collect information such as the purchaser’s name, address, email, and phone number. However, this information is not verified to be accurate and could contain false information.

The EU’s new directive will add new provisions regarding how domain registrars collect information from registrants and who will have access to said information. Primarily, registrants of new domains will be required to provide a correct telephone number relating to them, while their full name, email, and physical address will have to be verified too.

At this time, registrants are only required to provide a name and address, but no verification bodies check these to approve or disprove the new domain ownership.

“In order to assure the availability of reliable, verified and flawless domain name registration data, TLD registries and entities facilitating domain name registration services should be expected to assemble domain name registration data. They should intend to assure the integrity and availability of such data by implementing technical and organisational measures, such as a confirmation process for registrants,” reads an amendment in a draft of the new EU legislation.

“In particular, TLD registries and entities providing domain name registration services should establish policies and procedures for the collection and maintenance of accurate, verified and complete registration data, as well as for the prevention and correction of inaccurate registration data.”

Who is requesting this?

The Internet Corporation for Assigned Names and Numbers (ICANN) has taken a clear stance in favor of the new directive along with various copyright holder representatives and organizations.

The problem that these entities see with anonymous domains is that they are often used for illegal activities such as distributing malware, the unlicensed dissemination of copyright-protected works, and more.

As far as the owners and directors of these programs remain unidentified, they are free from law implementation separation. Also if the domains are proclaimed and taken offline by the registrars, the owners can hop to a new one and start over.

Warning to Free Speech

However, banning all anonymous domain registrations isn’t without consequences to a desirable free circulation of information on the Internet. As MEP Patrick Breyer (Pirate Party) warns, the new directive threatens the safety of activists and whistleblowers by ending their anonymity, which is, in essence, the only layer of protection they have.

“This indiscriminate identification policy for domain holders is a big step towards abolishing anonymous publications and leaks on the Internet. This policy endangers website operators, because only anonymity effectively protects against data theft and loss, stalking and identity theft, doxxing, and ‘death lists’.

The right to anonymity online is particularly indispensable for women, children, minorities, and vulnerable persons, victims of abuse and stalking, for example. Whistleblowers and press informants, political activists and people in need of counseling, fall silent without the protection of anonymity.” – MEP Patrick Breyer.

Germany’s top-level domain (.de) registry DENIC also expressed concerns about the new directive. In the revert to administrators, DENIC welcomes recommendations for improving cybersecurity across the EU but assumes that new requirements on assembling registration information will not surely provide enhanced DNS security or prevent abuse.

“We would also like to point out that identification of the registrant does not provide information about the entity exercising actual technical control over the delegated namespace and even less so about entities providing content or services within that namespace.” – DENIC.

What are the Further Actions?

The lead industry organization will utilize its position later this month, and consultations with the EU Council will obey soon after. The controversial provision may be removed, but the order passes in its prevailing form, it may overcome those who seek anonymity online to host their websites on the dark web.