Navigating the Masking Dilemma: Addressing the Controversy Surrounding Masked Registrant Information by Domain Name Registrars (DNRs)

Abstract

Proliferation of domain names that closely resemble well-known trademarks and brands has led to a significant increase in online consumer fraud in India. These imposter domains have deceived countless individuals, resulting in substantial financial losses. Numerous instances in India demonstrate the widespread impact of this issue, with victims falling prey to phishing scams, counterfeit goods, and other fraudulent activities. Anonymity of domain name registrants has facilitated such fraudulent online activities. Many individuals and organizations have exploited the privacy options offered by domain name registrars (DNRs) to conceal their identities and engage in deceptive practices. This has contributed to the ongoing challenges of combating online fraud and protecting consumers from harm. Ideally, while making huge commercial gains such entities should not be able to escape the liability in the garb of protecting privacy of the offenders. However, DNRs have also taken a stand that they do not have any permanent establishment in India, and they are not bound to follow Indian law as they are not signatory to the Registrar Accreditation Agreements (RAA) which bound them to provide all the relevant information to the concerned authorities in India. This paper analyses the challenges faced by the authorities in providing redressal to the consumer frauds due to opaque disclosure policy of DNRs by encapsulating the struggle between privacy and transparency. This paper examines the legal and enforcement challenges in ascertaining liability of DNRs in cases of consumer deception and fraud by imposter domain names providing services in India. The paper finally provides possible suggestions to shape effective guidelines which shall be useful for policymakers and enforcement agencies.