On Tue, Jun 04, 2002 at 12:32:47AM -0600, Dave Warren wrote:
> >
> > I don't know what the particulars are but if they did mine the whois
> > I'm guessing that their lawyer will be canceling his summer
> > vacation... but ordering a new sports car. :-)
> 
> Unfortunately, they ARE allowed to mail out solicitations, just not email
> (Based on my understanding of the ICANN regs)

They're allowed to mail out solicitations, but those solicitations have
to be legal.  For Verisign or Register.com or DRO[AC] to send a mailing
entitled "Renewal Notice" may constitute mail fraud if the notice tries
to hide the fact that you're not already a customer of the advertiser.

The whois data is just data.  ICANN's regulations prohibit use of that
data for UBE, but it's outside the scope of ICANN's mandate to protect
us from use of that data in solicitations via traditional media.  And
to be annoying about this, it shouldn't even be ICANN's responsibility
to prohibit use of whois data for UBE.  We should all be protected by
law from that sort of theft, rather than by corporate regulation.  As
it turns out, ICANN is almost as powerless as local law enforcement in
curbing this sort of FUD-mongering behaviour.

What these companies really need is a good dose of Fourierism.  Nobody
allowed out of their sandbox.

-- 
  Paul Chvostek                                             <[EMAIL PROTECTED]>
  Operations / Development / Abuse / Whatever       vox: +1 416 598-0000
  it.canada                                            http://www.it.ca/

Reply via email to