Re: Register.Com sending letters now???!!!

From: Michael Brunson (brunson@intercosmos.com)
Date: Tue Jun 04 2002 - 00:19:20 EDT


Let's play a little game with Occam's Razor...

Perhaps they took the lazy and lawful route of buying
the WHOIS data?

Why would openSRS (or any registrar) do this? Another
simple answer, they must.

Here are some relevant quotes, which some of you have
probably seen many times:

---------------
REGISTRAR ACCREDITATION AGREEMENT
http://www.icann.org/nsi/icann-raa-04nov99.htm
[...]

F. Public Access to Data on SLD Registrations. During
   the term of this Agreement:
[...]

6. In addition, Registrar shall provide third-party
   bulk access to the data subject to public access
   under Section II.F.1 under the following terms and
   conditions:

 a. Registrar shall make a complete electronic copy of
    the data available at least one time per week for
    download by third parties who have entered into a
    bulk access agreement with Registrar.

 b. Registrar may charge an annual fee, not to exceed
    US$10,000, for such bulk access to the data.

 c. Registrar's access agreement shall require the
    third party to agree not to use the data to allow,
    enable, or otherwise support the transmission of
    mass unsolicited, commercial advertising or
    solicitations via e-mail (spam).

 d. Registrar's access agreement may require the third
    party to agree not to use the data to enable
    high-volume, automated, electronic processes that
    apply to Registrar (or its systems).

 e. Registrar's access agreement may 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.

 f. Registrar may enable SLD holders who are
    individuals to elect not to have Personal Data
    concerning their registrations available for bulk
    access for marketing purposes based on Registrar's
    "Opt-Out" policy, and if Registrar has such a
    policy Registrar shall require the third party to
    abide by the terms of that Opt-Out policy;
    provided, however, that Registrar may not use such
    data subject to opt-out for marketing purposes in
    its own value-added product or service.
---------------

I think that pretty much speaks for itself. if not..
Registrars must allow for companies to buy their WHOIS
data. I don't like it anymore than anyone else we I get
the letters and I dislike it even more when it takes
customers, but since those are the current rules we
shall live by them. If you want to change the rules,
that is a different topic and a different list.

Have a great night,
Michael

On Mon, 3 Jun 2002 19:41:57 -0700, Genie Livingstone
used a few recycled electrons to form:

| It's being done all the time - they spread the lookups over several
| unsuspecting whois script owners and time them about one whois querry
| per so many seconds - we catch them all the time on our whois.cgi and
| simply block that IP simply to find another rascal trying later, this is
| one of the reasons we think livestats or similar visitor monitoring are
| priceless to protect our IP from being banned since there are abuse
| attempts by harvesters
|
| cheers
| Genie
|
|
| > How about the following scenario:
| > 1. someone signed up for zone files (free)
| > 2. someone2 wrote a perl script for someone for $50 (25/hr)
| > that perl script does the following:
| > opens zone file stored localy.
| > queries using oroginal registrar whois server.
| > looks if expiration date is in the next century or less,
| > if this the case puts all necesarry information into template.
| > when all zone file are done prints results.
| > Then manyaly someone3 puts it into envelops an mails it (bulk)
| > 3. someone gets payments from the customers of other registrars.
| > 4. Since ICANN takes no action and this "additional" incomes saves the
| > company from Ch 11. this info is priceless.
|
|
|



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