I remember some time ago there was some discussion of this...

A federal judge dealt a significant victory to domain name registrar
Register.com in a lawsuit against Web hosting firm Verio Inc. over
unauthorized use of data about its customers.

In a ruling in U.S. District Court in New York City, Judge Barbara Jones
ordered Verio to stop using customer contact information housed in
Register.com's Whois database to carry out a massive telephone and e-mail
market campaign.

http://www.wirednews.com/news/business/0,1367,40609,00.html

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