D&P Concerns Regarding a Domain Registrar (Privacy Laws and Other Issues)

[Shmoenevo]

Hello!

I have a question regarding domain registrars, as I am unsure if I require an offshore registrar or a regular one for my needs.

Here's a brief explanation of my situation: I have created a community on Discord over the past few years that revolves around user-generated content related to gaming server files, scripts, custom maps, etc. This content is available for free download and sharing on the platform.

As I have gained significant traffic on this platform, I am considering migrating my userbase to a self-hosted Xenforo forum and exploring monetization options.

My question is this: Could the website be held responsible in any way for user-generated content that is uploaded by users and is freely available on the website? I have included a clause in my terms of service that users must agree to when creating an account, stating that they are solely responsible for the content they upload. Similar terms are used by social media platforms like Reddit to protect themselves from liability for user-generated content.

I have observed that a competitor has been doing something similar for years, using a .gg domain, and appears to be doing just fine. They monetize their platform with website ads, though the placement could be improved.

What are your thoughts on this matter?

Best regards,

 

[Batersch]

In the case of copyright-infringing content, the DMCA offers a "safe harbor provision" for websites that host user-generated content, provided they have a mechanism in place for receiving and acting upon infringement notices. This mechanism typically involves having a prominent page on your website's navigation where users can report any infringing content, which you must promptly remove to avoid legal liability.

Additionally, there are certain types of content, such as hate speech or harassment, for which your website will be held automatically accountable. To address this, it is essential to have a comprehensive Content Policy outlined in your terms and conditions. You should also provide users with the ability to report any problematic content to ensure compliance with legal requirements.

 

[LinTaru]

It's a wise decision to include a prominent notice and takedown page on your website, especially since it aligns with what your competitors are doing. As for the Content Policy, it's great to hear that it's already planned and scheduled for implementation when the website opens.

Regarding the domain name, the choice depends on your specific preferences and branding strategy. While .com domains are widely recognized and commonly used, domains like .gg, .io, or .to can add a more unique or stealthy touch to your website. Consider selecting a domain extension that aligns well with your desired image and target audience.

 

[MagazineTopic]

It's a wise decision to include a prominent notice and takedown page on your website, especially since it aligns with what your competitors are doing. As for the Content Policy, it's great to hear that it's already planned and scheduled for implementation when the website opens.

Regarding the domain name, the choice depends on your specific preferences and branding strategy. While .com domains are widely recognized and commonly used, domains like .gg, .io, or .to can add a more unique or stealthy touch to your website. Consider selecting a domain extension that aligns well with your desired image and target audience.

There are a couple of points I'd like to address:

1. DMCA reports are reports filed against websites for copyright infringement. It's important to have measures in place to handle such reports effectively and ensure compliance with copyright laws.
2. Whether you choose a .com domain or a .gg domain, both are ultimately registered with ICANN (Internet Corporation for Assigned Names and Numbers), so the domain extension itself shouldn't significantly impact the legal aspects or the handling of your content. However, it's worth noting that some domain extensions may have certain associations or reputations, such as .SU being historically linked to fraud-related activities. It's crucial to adhere to legal requirements regardless of the chosen domain extension, as violating laws can lead to takedowns and consequences.

 

[AuthenticCoops]

Users primarily share content that is freely available on platforms like GitHub or other forums. However, there is an issue with some users uploading gaming scripts through download links that are actually sold by certain developers. I have concerns regarding this specific type of content.

My competitor has allowed users to upload this kind of content, create threads, and provide download links for game scripts on their forum for several years. Their forum seems to be doing well with a .gg domain.

To the best of my knowledge, as long as the content is user-generated and the forum staff or administrators do not participate in sharing this kind of material, it should be considered acceptable.

 

[Wilru]

Let's clarify the situation.

It is evident, and I emphasize, evident that a country code top-level domain (ccTLD) is superior to .com and .net domains. Thepiratebay has been using .org domain provided by EasyDNS for a long time and has not been seized.

Allow me to explain this more explicitly. The most secure top-level domain is .org (definitely not .com or .net, as they are controlled by Verisign, a US company). Anyone who claims that .com and .net domains cannot be seized is providing false information.

Every domain can be subject to seizure, depending on the level of prominence you have in the market. Size does matter. However, certain ccTLD domains can present significant challenges for takedown efforts, making it exceedingly difficult to do so. Undoubtedly, ccTLDs are the better choice.

In terms of privacy and adherence to laws, ccTLDs offer significant advantages due to the jurisdiction of the country associated with the domain.

While it is possible to purchase "bulletproof" .com and .net domains, they can still be seized at any time. Of course, the likelihood of seizure depends on your activities and level of prominence (such as traffic, visits, and presence of illegal content).

For these reasons, opting for a ccTLD is always the safest and more privacy-friendly choice.

I suggest purchasing domains from Njal.la, a registrar that does not require your personal information. However, it's important to note that they have strict policies against illegal activities such as the sale of pharmaceutical drugs, fake pills, drugs, phishing, fraud, or spam. Engaging in such activities will result in your website being taken down. Njal.la is particularly suitable for privacy-oriented purposes like freedom of speech and whistle-blowing.

Here are some ccTLD recommendations:

• .ru (I highly recommend this, but .su is slightly better)
• .su (I strongly recommend this ccTLD)
• .cr
• .co
• .is
• .to (Exercise caution as they have an agreement with the Tonga Registry of the .to domain, allowing them to provide owner details. Nonetheless, it is still safer than .com and .net, and your competitors will face difficulties taking action against you)
• .sc
• .li
• .vg
• .se

The weakest ccTLD from the mentioned list is undoubtedly .to.

As for where to purchase these domains, please note that they may be slightly expensive. Here are some options:

• securednet.su (actively working and secure)
• njal.la (actively working, highly secure to use)
• cheapprivacy.ru (reports are mixed, with some saying it works while others say it doesn't, so it's a 50/50 situation)
• flokinet.is (offers their own WHOIS privacy, known for their strong emphasis on privacy)
• todaynic (considered the best Chinese registrar)
• R01.ru (registration can be challenging, but securednet can assist with that)
• PRQ.se (safe to register, this is one of the data centers that Piratebay was raided in the past)

It's important to acknowledge that any ccTLD can potentially be seized or suspended, depending on the content hosted. However, it is considerably more difficult and time-consuming to do so. It requires significant pressure. Overall, opting for a ccTLD is a much safer choice in terms of privacy.

Always keep in mind that the level of risk and potential actions against you depend on the content and activities you engage in online, as well as your prominence and reach.