Previous Politech message: "Ben Edelman's report on intentional errors in 'whois' database" http://www.politechbot.com/p-03520.html --- Date: Tue, 14 May 2002 04:26:22 -0400 To: politechat_private From: "Robert L. Ellis" <rellis@internet-attorneys.com> Subject: Fwd: FC: Ben Edelman's report on intentional errors in "whois" database Declan, Ben has performed a valuable service in his studies on domain name misinformation and unrelated-content misdirection, so I hate to nitpick. But since part of this discussion is about draft legislation that claims to address the problem (HR-4640) we should try to be accurate about legal terminology. In his case study of NicGod, Ben refers to registrants who "intentionally provide systematically inaccurate contact information to registrars for inclusion in the WHOIS database," and writes that "[s]uch fraud can include the entry of invalid street addresses and phone numbers . . . ." Entering such misinformation may be repugnant, but it is not fraud. Nothing in Ben's study that I could find documented any cases of fraud arising out of the false information given to the registrars. Indeed, Ben does not accuse these folks of doing anything illegal as far as I can tell. A similar misunderstanding seems to characterize discussions of HR-4640. Contrary to reports, that bill would NOT criminalize the practice of entering false domain registration information. Providing false or misleading information to a registrar would be a crime ONLY if done "with intent to defraud." The "intent" provision renders the bill more or less useless (and I predict it will die in committee), since "intent to defraud" would be virtually impossible to prove. The "intent" of the NicGod people and their ilk is probably not to defraud, but rather to protect their anonymity while engaging in their (currently legal) bottom-feeding activity. In any event, criminal penalties seem rather extreme. Wouldn't it be easier simply to provide that the domain name would be forfeited? And for that matter, as long as the WHOIS database is a public record and can be exploited by spammers and con artists, why should it be wrong to enter false information? Why not simply enter all false information except for email contact, register for five years, change the email contact to a fake one, and then just before renewal time change it back? (Assuming one is willing to risk losing the domain via a UDRP.) It's no different than an unlisted number. If spammers and con artists are willing to engage in guerilla tactics, why not the rest of us? - Bob Ellis ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Ellis Venable & Busam A Partnership of Professional Organizations 33 North High Street, Columbus, OH 43215-3076 +1 614.221.2422 phone 221.5244 fax www.internet-attorneys.com --- From: adminat_private (admin) To: <edelmanat_private> Cc: <declanat_private>, <infoat_private>, <brewsterat_private> Subject: FW: Ben Edelman's report on intentional errors in "whois" database Date: Tue, 14 May 2002 08:04:30 -0400 And so who gave Archive.org (Owned by Amazon.com) permission to reproduce all the web pages? .... Or doesn't the DMCA apply to companies like Amazon? Russ Smith --- From: "D McOwen" <dmcowenat_private> To: <declanat_private> Cc: <edelmanat_private> Subject: RE: Ben Edelman's report on intentional errors in "whois" database Date: Tue, 14 May 2002 07:24:39 -0400 Hi Declan, Mr Edelman, The main question I have had since this obviously fraudulent cottage Industry has flourished is "whois" backing and funding all of the money to buy and hold all these ASCII characters for ransom? It is also obviously infinitely deep pockets, anyone guess as to how much money has been thrown in to kidnap the Internet? It is sobering to finally see that maybe the focus of leaders is starting to shift from going after benign and for the good computer technology to the actual "criminal" element out there preying on the benefits of the Internet and computers. Dave McOwen http://www.freemcowen.com --- ------------------------------------------------------------------------- POLITECH -- Declan McCullagh's politics and technology mailing list You may redistribute this message freely if you include this notice. To subscribe to Politech: http://www.politechbot.com/info/subscribe.html This message is archived at http://www.politechbot.com/ Declan McCullagh's photographs are at http://www.mccullagh.org/ ------------------------------------------------------------------------- Sign this pro-therapeutic cloning petition: http://www.franklinsociety.org -------------------------------------------------------------------------
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