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Re: [ga] scammers using whois privacy

  • To: "Jeff Williams" <jwkckid1@xxxxxxxxxxxxx>, "Hugh Dierker" <hdierker2204@xxxxxxxxx>
  • Subject: Re: [ga] scammers using whois privacy
  • From: "kidsearch" <kidsearch@xxxxxxxxxxxxx>
  • Date: Mon, 8 Jan 2007 12:30:53 -0500
  • Cc: "'ga'" <ga@xxxxxxxxxxxxxx>, "icann board address" <icann-board@xxxxxxxxx>
  • References: <314230.68380.qm@web52901.mail.yahoo.com> <45A1E6A0.73052329@ix.netcom.com>
  • Sender: owner-ga@xxxxxxxxxxxxxx

And again, Jeff, ONLY apply to personal websites. If you ask me for my credit card information or other payment or personal information through your website, then why should you be allowed to hide your own?

Chris McElroy aka NameCritic
http://www.articlecontentprovider.com

----- Original Message ----- From: "Jeff Williams" <jwkckid1@xxxxxxxxxxxxx>
To: "Hugh Dierker" <hdierker2204@xxxxxxxxx>
Cc: "'ga'" <ga@xxxxxxxxxxxxxx>; "icann board address" <icann-board@xxxxxxxxx>
Sent: Monday, January 08, 2007 1:37 AM
Subject: Re: [ga] scammers using whois privacy



Dr. Dierker and all,

 All good reasons here, and directly related to interpersonal privacy
and/or security.  And of course these reasons Dr. Dierker lists have
been again and again given starting with the very first Whois WG
conducted
by they than GNSO.  I hope such will satisfy Chris's remark.


Hugh Dierker wrote:

   I have two adult daughters. I do not want just anyone being able to
obtain the whois data for any reason what so ever. As for my adult
wife the same holds true.

  I do not want people getting these types of infos for spamming
purposes.

  I do not want someone using my info and pretending to be me.

  I do not want only the rich to have to ability to circumvent the
rules but others cannot.

  I do not want to be subject to frivilous claims by anyone who can
just look up the necessary data, with out have to show preliminary
cause.

  e

kidsearch <kidsearch@xxxxxxxxxxxxx> wrote:
      I can list several reasons and have listed them why the whois
information is a good thing for consumers, but haven't seen a list of
good reasons why it should be hidden.


----- Original Message ----- From: Hugh Dierker To: kidsearch ; Roberto Gaetano ; 'Karl Auerbach' Cc: 'Dena Whitebirch' ; 'ga' Sent: Friday, January 05, 2007 8:07 PM Subject: Re: [ga] scammers using whois privacy


I think we have a breach in language here. Users of lists, do just that, use lists. Keepers of lists, obviously do that - keep the list. The DMV example does not make the General public free users of the list. It is restricted to those with a genuine well established need to know. Our WHOIS should be the same and all we should argue about is the protocols and criterion for that need to know is. And of course never ever in multiples.

  e

  ps. There is always that gal Sally who likes white chocolate and
flowers that might bend the rules just this once ;-}



kidsearch <kidsearch@xxxxxxxxxxxxx> wrote:
          I don't have a problem with the dmv concept as long as the
average user can access the information. Yes one record at a time is
sufficient.

  It's funny that it's being advocated that domain holders have a
rigjht to priivacy, but anyone requesting information would have to
disclose all that info that Karl suggested.

  So the domainer has the right to privacy, but the requester of info
does not?

  Karl that sounds more like something ICANN would consider rather
than you. They use double standards all the time. You usually don't.

  Chris McElroy aka NameCritic
  http://www.articlecontentprovider.com

    ----- Original Message -----
  From: Hugh Dierker
  To: Roberto Gaetano ; 'Karl Auerbach' ; 'kidsearch'
  Cc: 'Dena Whitebirch' ; 'ga'
  Sent: Thursday, January 04, 2007 9:07 AM
  Subject: RE: [ga] scammers using whois privacy


This is not first for data control. Look at the model used by DMV of California. The data base is closed to the "general" public. But procedures are in place for someone with a real need to access the information. But only one a time. I do not believe spammers have the time or cost effectivenes to justify getting ones' indenty one at a time and declaring under penalty of perjury a legitimate need. (this of course has different criteria for law enforcement.)

  Karl is right on the money here and we have over a decade to prove
it.
  Why would such intellent engineer folk want to reinvent the wheel.

  e

Roberto Gaetano <roberto@xxxxxxxxx> wrote:
  Karl Auerbach wrote:

>
> And one of the curative measures that seems to constantly
> escape the minds of ICANN is that *before* any person should
> be allowed to examine whois information that person ought to
> be required to declare, in writing, into a permanent and
> public archive the following things:

[snip]


I have always problems with statements like "ICANN does not understand" or the like. Sure, some people in the ICANN Board or staff or community might be in that situation, maybe others do understand but cannot change the situation,

others do understand, but disagree, and so on with a variety of
approaches
and behaviours that is, IMHO, one of the richness of this environment.

This said, I would like to state what is *not* the opinion of ICANN,
or at
least not necessarily, but is *my* opinion.

The matter is extremely complex and far from having one single simple
solution, as the exchange btw. Chris and Karl has shown. For me, the
real
problem, besides the fact that there are different opinions and
interests
(which is part of the given landscape, and a constraint that cannot be

changed), is the fact that we are trying to use the WhoIs for
different
things, that are only loosely connected with the purpose for which the

system was designed.

Karl, or anybody who has a longer experience than myself with the
subject,
are welcome to correct me if I am wrong, but the initial purpose of
the
WhoIs, and its importance for security and stability matters, is to be
able
to identify an entity that can respond if there is a problem with the
corresponding resource (name or address). This does not imply in any
way
identification of the owner of the resource, quite the contrary, in
the vast
majority of the cases this is an agent with some kind of authority
delegated
by the owner. While I agree that the ultimate responsibility stays
with the
owner, there is no need to identify the owner in an emergency
situation.

May I use an example. Suppose I own a domain name, and suppose that I
use
some kind of hosting services for the website. Suppose that my domain
name
is used as a relay by a spammer or scammer for his/her activities. It
would
not do any good to contact me, because in my ignorance of the internet

technology I would barely understand what they are talking about, ;et
alone
to be able to do something to cure the problem. The fact is that,
under the
assumptions above, I pay a provider for a service, and if anybody can
intervene, it is the technical staff of the provider, not me.

This for what I understand to be the original purpose of the WhoIs.
Another
aspect is to identify, once the emergency has been fixed by the
technical
staff, the responsible party who has to pay for the damages, so to
speak.
This is a completely different ball game,and although we could use the
WhoIs
for storing this kind of information, I personally continue to fail to
see
any reason for having this information publicly available.

The problem raised by Chris is a legitimate, but complex one. I don't
think
that it would be an appropriate use of the WhoIs to be a repository
for
information that have to do with the contents of a web site. The
problem of
being able to trust a web site is (again IMHO, not necessarily in the
Board's opinion) something that is related to the trade or other
activity
performed on the web site. In simple words, there is the case of the
ecommerce site that claims to sell goods that will never be delivered,
but
also the site who gives false information making believe they are an
important news agency, or a fake university that claims to give
degrees, or
whatever. I am absolutely convinced that it is the trade organization
that
should react to put measures in place as safeguards to the consumers,
in
exactly the same way we do have brand protections, guaranteed origin
marks
for producers, quality labels, and so on. In short, since illegal
activities
do damage the honest traders, the community of the trade has to put in
place
measures to protect the traders (and the consumers).

I don't know if we are going to see certificates on websites that
guarantee
the contents of the website from the ecommerce point of view, but I do

believe that bodies like the ICC should be looking at this, and that
this
solution is more appropriate than to bend the WhoIs system to do
something
that it was not designed to do, and also oblige the customers to do
searches
for which they might be not technically skilled for rather than being
prompted with some visible sign that will give them the sufficient
confidence that the site can be trusted.

Roberto
(in my personal capacity)


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