RE: [registrars] Fwd: NeuLevel Advisory (Please read) - Domain-Renewal.biz (2nd notice)

["Elana Broitman" <ebroitman@xxxxxxxxxxxx>]

Thanks Mike, and it should be noted for the GNSO Council - Bruce.

Thanks

Elana Broitman
Register.com
575 Eighth Avenue
New York, NY 10018
Phone (212) 798-9215
Fax   (212) 629-9309
ebroitman@xxxxxxxxxxxx 


-----Original Message-----
From: Michael D. Palage [mailto:michael@xxxxxxxxxx]
Sent: Monday, July 21, 2003 1:47 PM
To: Paul Westley; Registrar's Constituency
Subject: RE: [registrars] Fwd: NeuLevel Advisory (Please read) -
Domain-Renewal.biz (2nd notice)


Paul:

I have passed this information along to the ICANN Board highlighting the
Whois data mining problem.

Best regards,

Mike

> -----Original Message-----
> From: owner-registrars@xxxxxxxxxxxxxx
> [mailto:owner-registrars@xxxxxxxxxxxxxx]On Behalf Of Paul Westley
> Sent: Monday, July 21, 2003 1:24 PM
> To: Registrar's Constituency
> Subject: [registrars] Fwd: NeuLevel Advisory (Please read) -
> Domain-Renewal.biz (2nd notice)
>
>
> This guy's threats to harm Neulevel, together with all registrars and
> registrants of .BIZ domain names clearly highlight the urgent need for
> ICANN and the internet community to take firm action on the whole WHOIS
> issue. Undoubtedly this guy obtained his mailing list of .BIZ registrants
> by datamining the WHOIS.
>
> Paul Westley
> Internetters
>
> >From: "Registrar Signup - NeuLevel" <registrarsignup@xxxxxxxxxxxx>
> >To: <paul@xxxxxxxxxxxxxxxxxx>
> >Subject: NeuLevel Advisory (Please read) - Domain-Renewal.biz
> (2nd notice)
> >Sender: "Registrar Signup - NeuLevel" <registrarsignup@xxxxxxxxxxxx>
> >Date: Mon, 21 Jul 2003 12:38:58 -0400
> >X-Spam-Status: No, hits=0.7 required=5.5
> >         tests=AWL,MSG_ID_ADDED_BY_MTA_3
> >         version=2.55
> >X-Spam-Level:
> >X-Spam-Checker-Version: SpamAssassin 2.55 (1.174.2.19-2003-05-19-exp)
> >
> >Dear Registrars:
> >
> >SUBJECT:  NEULEVEL ADVISORY (PLEASE READ)
> >
> >NeuLevel has received information directly from the owner of
> >domain-renewal.biz, Mel Goudie, that he will retaliate against
> NeuLevel as
> >well as all .BIZ domain name registrants in response to our action this
> >past Friday, when we placed the domain name domain-renewal.biz
> on registry
> >hold.
> >
> >In a written statement to the Registry, Mr. Goudie has threatened to send
> >out 25,000 e-mail messages per day to .BIZ domain name registrants "so
> >that [NeuLevel] is disrupted continually for the next month or so by
> >thousands of phone calls each day."  More specifically, Mr. Goudie has
> >admitted that he will spam each of your customers with an e-mail that
> >purportedly comes from our Registry making customers believe that their
> >domain names will be deleted by NeuLevel.  The text of Mr. Goudie's
> >proposed e-mail is provided at the bottom of this e-mail.
> >
> >We take Mr. Goudie's threat of fraudulent activity extremely
> seriously and
> >are providing it to you so that you may take any actions you deem
> >necessary to alert your customers.  We are also investigating possible
> >legal action on this matter as well.
> >
> >We apologize for any inconvenience this may cause and appreciate your
> >cooperation in this matter.  Please do not hesitate to give us a call if
> >you have any questions.
> >
> >Richard Tindal
> >Vice President, Registry Services
> >
> >
> >*****************************************************************
> ***********
> >*******************************************
> >
> >From: NEULEVEL Notifications
> >
> >Subject: Domain Deletion (domainname.biz)
> >
> >Dear Registrant,
> >
> >This is notification that under our agreement with
> >ICANN, your domain name may be deleted within the next
> >24 hours, with no further notice to yourself.
> >
> >Our agreement states:
> >
> >"Registry Operator reserves the right to deny, cancel
> >or transfer any registration that it deems necessary,
> >in its discretion; (1) to protect the integrity and
> >stability of the registry; (2) to comply with any
> >applicable laws, government rules or requirements,
> >requests of law enforcement, in compliance with any
> >dispute resolution process; (3) to avoid any
> >liability, civil or criminal, on the part of Registry
> >Operator, as well as its affiliates, subsidiaries,
> >officers, directors, and employees; (4) for violations
> >of this Agreement and its Exhibits; or (5) to correct
> >mistakes made by Registry Operator or any Registrar in
> >connection with a domain name registration. Registry
> >Operator also reserves the right to freeze a domain
> >name during resolution of a dispute."
> >
> >Please contact Neulevel by telephone on +1 571 434
> >5757 if you would like to discuss this matter.
> >
> ><END>
> >
> >
> >
> >
> >-----Original Message-----
> >From: Registrar Signup - NeuLevel [mailto:registrarsignup@xxxxxxxxxxxx]
> >Sent: Friday, July 18, 2003 2:37 PM
> >To: cs@xxxxxxxxxxxx
> >Subject: Domain-Renewal.biz - Notice to Registrars
> >
> >
> >Dear Registrar Partner,
> >
> >As you may be aware, both NeuLevel and Tucows have received numerous
> >complaints from both Registrars as well as .BIZ domain name registrants
> >regarding the activities of Mr. Mel Goudie, the domain name registrant of
> >domain-renewal.biz ("Registrant") involving the purported renewal of .BIZ
> >domain names.
> >
> >According to the complaints, the domain name registrant for
> >domain-renewal.biz, has been sending out domain name renewal
> notices which
> >have not only been regarding .BIZ domain names that are not due for
> >renewal for at least a year, but also have been delivered to registrants
> >of .BIZ domain names that are not listed in the Registry's Whois database
> >as being the registrant's customers.
> >
> >We continue to believe that these types of notices may involve
> >questionable trade practices, and therefore, we feel obligated to forward
> >these notices to all of you as well as to the Federal Trade
> Commission for
> >their review.  In addition, we are also currently investigating
> whether we
> >believe that the registrant has violated the WHOIS policy
> ("WHOIS Policy")
> >which can be found when a Whois query is performed at
www.whois.biz.  More
>specifically, we are looking into whether it obtained information about
>other Registrars' customers in violation of the WHOIS policy:
>
>By submitting a WHOIS query, you agree that you will use this data only
>for lawful purposes and that, under no circumstances will you use this
>data: (1) to allow, enable, or otherwise support the transmission of mass
>unsolicited, commercial advertising or solicitations via direct mail,
>electronic mail, or by telephone; (2) in contravention of any applicable
>data and privacy protection acts; or (3) to enable high volume, automated,
>electronic processes that apply to the registry (or its systems).
>
>In addition, this past week we have received at least one complaint from a
>separate .BIZ domain name registrant that had allegedly mistakenly gone to
>the registrant's website, www.domain-renewal.biz, and entered its credit
>card information expecting to renew its domain names.  However, according
>to the complaint with the registry, although payment was accepted,
>services were not performed.
>
>We view such activities as harmful to the .BIZ domain name registry and,
>if allowed to continue, threaten the stability and integrity of the
>registry.  In light of the above, we hade no choice but to invoke our
>rights under Section III of Exhibit E to Appendix F of our
>Registry/Registrar Agreement and place the domain name on "Registry Hold"
>until this matter can be resolved.
>
>We take the conduct of this particular registrant extremely seriously and
>do not view the actions we have taken lightly.  We are continuing this
>investigation and may be seeking your assistance the coming weeks on this
>matter.
>
>Thanks again for all your cooperation.
>
>Richard Tindal
>Vice President, Registry Services