I'll snap my fingers in agreement with George and others.
Would like to know what innacurate data is and what the specific procedure
is to deal with it.

Deletion should be a very very last resort.

regards,

Swerve

> From: George Kirikos <[EMAIL PROTECTED]>
> Date: Tue, 15 Oct 2002 16:23:44 -0700 (PDT)
> To: [EMAIL PROTECTED]
> Cc: [EMAIL PROTECTED]
> Subject: Re: [ga] What Do They Mean By "Inaccurate Data"
> 
> Hello,
> 
> Great questions by John (I've taken the liberty of cc'ing this to the
> OpenSRS mailing list, as I think they are very relevant to resellers).
> 
> I would hope that OpenSRS and/or other registrars would make a
> statement as to what constitutes inaccurate WHOIS data, and under what
> conditions they'd delete a name that would appear to fail a "test". As
> John says, just because one doesn't answer the phone for just anyone
> (there are things like answering machines), or doesn't respond to every
> crackpot's emails, doesn't mean that the contact data is invalid.
> 
> Some form of annual verification, or something, to confirm that ALL of
> one's domains are fine might be best, to not have to worry about losing
> one's domains inadvertantly. Also, instead of just deleting a name
> within 15 days, I think the name should go "on hold" or something, to
> sort things out. Deletion should be a last resort. Folks DO go on
> vacations, or have e-mail outages, so a one-time test of their email or
> phone number that goes unanswered for a period doesn't mean that their
> data is invalid. I bet that there are still a lot of invalid @home.com
> email addresses in the WHOIS database, for instance.
> 
> Security of our names is paramount, when we've made a huge investment
> in acquiring and branding our domains.
> 
> Sincerely,
> 
> George Kirikos
> http://www.kirikos.com/
> 
> 
> --- "John Berryhill Ph.D. J.D." <[EMAIL PROTECTED]> wrote:
>> 
>> In briefly looking over the whois task force report, there is quite a
>> bit of
>> emphasis on "inaccurate" contact data, including a scale of graduated
>> fines
>> for "inaccurate" data maintained by registrars.
>> 
>> I do not find anywhere in the document, a definition of "inaccurate"
>> data, or
>> who ultimately determines whether data is "inaccurate".  It is
>> amazing that
>> any person of competence would draft a document revolving around a
>> central
>> concept, and never provide a definition of that concept.
>> 
>> As a point of reference, I am currently defending a domain name
>> registrant in
>> a UDRP dispute, who has had a domain name corresponding to their
>> corporate
>> name since 1995, and which has an annual revenue from this
>> corporation of
>> several hundred thousands of dollars per year.  The business is a
>> software
>> consultancy, let's call it XYZ Corp., which provides services on-site
>> to
>> corporate customers.  The business operates out of an office in one
>> of the
>> homes of the principals of the corporation, and communicates
>> primarily
>> electronically with its clients, through its domain name XYZ.com.
>> For
>> telephone calls, they utilize a telephone which is listed to the wife
>> of one
>> of the principals (they appropriated her phone number for use in the
>> family
>> business).
>> 
>> The main argument being advanced by the complainant is that the
>> respondent
>> has supplied "false" whois data.  The complainant and its three
>> Beverly Hills
>> lawyers have submitted several pages of argument and affidavits which
>> boil
>> down to an assertion of "Because the telephone number is not listed
>> by the
>> phone company to XYZ Corp., then it is not the telephone number of
>> XYZ Corp.,
>> therefore the contact data is false and the domain name is registered
>> in bad
>> faith."
>> 
>> Now, I'm not an idiot, and I don't imagine for one red-hot minute
>> that these
>> people would hesitate to spend thousands of dollars to apply pressure
>> to a
>> registrar to cancel the domain name or else risk being fined on the
>> same
>> stupid and specious argument.
>> 
>> So, my question is, when an idiot persists in making such an argument
>> that
>> contact data is "inaccurate", just what is the standard of "accuracy"
>> to be
>> applied, and who makes the final determination that it is inaccurate.
>> The
>> whois task force document addresses none of these questions, and it
>> is clear
>> to me that these questions will be of central importance in this
>> whole
>> "assertion of inaccuracy" and "documented proof of accuracy"
>> business.  It is
>> a standardless standard.
>> 
>> Also, please make it clear that these rules require the domain name
>> registrant to have a working voice telephone number, and that having
>> same is
>> a requirement for registering a domain name.  Does the telephone
>> number need
>> to be listed to the named registrant?  Does the domain name
>> registrant need
>> to be the named party on bills for that number, or is it possible for
>> one
>> family member to register a domain name using a telephone number
>> listed to
>> another family member?  Is it permissible for a home-based
>> corporation to use
>> a residential telephone number listed to a principal's wife as its
>> telephone
>> number?  Or is that "inaccurate"?  These are not joke questions, as
>> this very
>> issue has cost my clients hundreds of dollars to argue about.
>> 
>> Does the registrant have to answer the telephone when it rings?  I
>> kid you
>> not, I have been in other disputes where contact data was alleged to
>> be
>> "false" on the basis that the disputing party had called several
>> times and
>> had not gotten an answer.  Ditto for domain name registrants who
>> choose not
>> to answer every item of email sent to them.
>> 
>> There should be a procedure under which, once contact data has been
>> confirmed
>> as accurate, the domain name registrant will not subsequently be
>> required to
>> confirm the same contact data.  It is as predictable as rain in
>> September
>> that registrants who manage multiple domain names will be subject to
>> unremitting harassment, since there are no fines assessed against
>> anyone who
>> submits a "false contact data" inquiry.  Such complaints can
>> apparently be
>> submitted for free and as often as one desires.  Predictably, there
>> are no
>> burdens placed upon parties making complaints, only upon domain name
>> registrants and their registrars.   Even a nominal fee imposed on
>> complainants for processing complaints would be an improvement.
>> 
>> Ah, but once again, we see a proposed policy which has been drafted
>> by those
>> intent on making complaints, and not those who have to deal with the
>> consequences of repetitive spurious complaints.  In the minds of the
>> complainers, all complaints have merit, and it is the job of the rest
>> of the
>> world to pay their way, thus providing another petty harassment tool
>> to the
>> less high-minded.
>> 
>> Please explain where these issues are addressed in the interim
>> report, as it
>> is hard to believe that something as basic as a definition of
>> "inaccurate"
>> cannot be found therein.  There is not even a definition of something
>> as
>> basic as "registrant name" and whether it includes nicknames,
>> pen-names,
>> latinized non-Roman script names, names of unincorporated businesses
>> organizations such as partnerships etc.  It is clear that lack of
>> definitions
>> will lead to endless disputes over "accuracy" when one attempts to
>> apply ones
>> personal and vague definition of 'accurate' upon a registration
>> system that
>> encompasses millions of entities from all parts of our planet.
>> 
>> Regards,
>> 
>> John Berryhill
>> 
>> --
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> 
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