For quite a while I’ve been interested in how DomainTools.com has been able to sell historical whois data and also their Registrant Search domain reports.
There is an another thread here that has recently picked up again on the issue for some background:
Here is how I think they can do it legally.
A person can buy access to a registrar’s whois database for no more than a $10,000 annual fee. (the terms are quoted below along with a link to ICANN’s site)
A couple of the restrictions (quoted below) are that you can’t mass query a registrar’s database using automated methods and you can’t redistribute, repackage or sell the data under certain circumstances…more on this later
Now for the how they can do it part (my theory anyway)
- Domain Tools is the largest and most frequently used whois service. So they have tons of people on a daily basis querying whois records for domains. When someone performs a search on their site, they grab the data from the registrar and make a copy of it for them selves.
This way they organically created their own massive whois database through legitimate non automated means completely within the guidelines of ICANN and they also are able to collect the historical whois data as well since new queries are made on the same domains all the time.
Of course I still find it hard to believe they don’t perform mass auto queries to registrar’s whois db but they could point to the fact they get tons of queries organically to shield themselves from this.
- According to ICANN:
3.3.6.5 Registrar’s access agreement must require the third party to agree not to sell or redistribute the data except insofar as it has been incorporated by the third party into a value-added product or service that does not permit the extraction of a substantial portion of the bulk data from the value-added product or service for use by other parties.
Pay special attention to the bolded part. What I get from this is that you can’t sell the data if you are selling a BULK portion of a registrar’s data but if you offer a 3rd party tool that only offers some of a registrar’s whois data you appear to be fine.
Sine Domain Tools sells reports on a domain by domain basis they are ok.
What it boils down to is that they are exploiting loopholes in ICANN’s rules to offer some of their services and it appears completely legal…technically.
Here are the details straight from ICANN:
3.3.6 In addition, Registrar shall provide third-party bulk access to the data subject to public access under Subsection 3.3.1 under the following terms and conditions:
3.3.6.1 Registrar shall make a complete electronic copy of the data available at least one (1) time per week for download by third parties who have entered into a bulk access agreement with Registrar.
3.3.6.2 Registrar may charge an annual fee, not to exceed US$10,000, for such bulk access to the data.
3.3.6.3 Registrar's access agreement shall require the third party to agree not to use the data to allow, enable, or otherwise support any marketing activities, regardless of the medium used. Such media include but are not limited to e-mail, telephone, facsimile, postal mail, SMS, and wireless alerts.
3.3.6.4 Registrar's access agreement shall require the third party to agree not to use the data to enable high-volume, automated, electronic processes that send queries or data to the systems of any Registry Operator or ICANN-Accredited registrar, except as reasonably necessary to register domain names or modify existing registrations.
3.3.6.5 Registrar's access agreement must require the third party to agree not to sell or redistribute the data except insofar as it has been incorporated by the third party into a value-added product or service that does not permit the extraction of a substantial portion of the bulk data from the value-added product or service for use by other parties.
http://www.icann.org/en/registrars/ra-agreement-21may09-en.htm
