At 12/1/02 8:06 PM, Roger B.A. Klorese wrote:

>Robert L Mathews wrote:
>
>>Abuse reports should go the domain owner's ISP, not the domain owner's 
>>WHOIS address. The person at the WHOIS address is presumably the bad guy. 
>>It makes no sense to send complaints to the bad guy.
>>
>You seem to believe that there is usually a model where 
>domain-owner->ISP->connectivity.
>
>For most I have any dealings with, domain-owner->connectivity.  There is 
>no "hosting" ISP.

Well, I'm a little baffled here -- yes, I do believe 
"domain-owner->ISP->connectivity" in almost all cases. Probably 99.9% of 
all domain names are provided connectivity by an upstream ISP that is a 
separate organization. The few exceptions are well known domains owned by 
actual ISPs or large, recognizable organizations, such as aol.com -- but 
if you need to report abuse to aol.com, you hardly need to look at their 
WHOIS information (and doing so is not going to tell you the right place 
to send abuse reports; try it).

Even if it were always the case that "domain-owner->connectivity", 
wouldn't that just reinforce the point I made? If they're the same 
person, there's no need to complain to the domain owner; just send the 
report to the connectivity provider from ARIN, and it'll reach the right 
person anyway.


>>It 
>>was set up to provide people with a way to contact network operations 
>>personnel, and everyone who "owned" a domain was in that category.
>>
>Pretty much everyone I ever deal with is in that category.

Perhaps we're misunderstanding each other. You're saying that almost 
every domain name associated with a server from which you receive abusive 
mail or network interference is owned by the same company that provides 
physical connectivity (and presumably enforces the AUP) for that server? 
And that you rarely get spam, for example, from people who have colocated 
a server someplace and started selling Viagra, or gambling, or porn 
through their domain name?

If so, I don't have an explanation of why you would find that to be the 
case (it's certainly not the case on the general Internet, excepting the 
obvious cases like AOL users that you don't need domain WHOIS to deal 
with), but that's fine, too. If they provide the connectivity, they have 
a netblock record, and all you need is ARIN (and its cousins) to locate 
them.

This abuse reporting discussion seems irrelevant, really, because we 
don't seem to be disagreeing about abuse reporting. You're saying that 
you almost always want to send abuse reports to network operators, which 
is just what I suggested should happen. The contact information for 
network operators is by definition in ARIN WHOIS, not domain WHOIS, so I 
I don't quite follow the argument that reporting abuse to network 
operations personnel requires domain WHOIS -- it seems to argue just the 
opposite.


>Legal notices and other written correspondence must be possible.

Yes, of course. It wouldn't be totally inaccessible; people who 
legitimately needed it would still be able to get it, in the same way 
that lunatics can't get your home address from the department of motor 
vehicles any more, but insurance companies, lawyers or police officers 
can.

For example, the domain owner's postal address would still be available 
in the event of a lawsuit. And for simple form-letter copyright 
violations, the DMCA provides an official way for intellectual property 
owners to communicate directly with the ISP, who notifies the domain 
owner, and the domain owner can then respond with their physical address 
if they want to fight it.

(I've noticed that most people who defend the use of WHOIS for legal 
purposes just assume that the current WHOIS system is accurate. In the 
case of "bad guys", particularly egregious spammers, I've often found 
just the opposite to be the case, and even if it isn't intentional, a 
good fraction of domain WHOIS data is out-of-date. Again, we're 
presumably talking about evildoers here: asking them to enter their true 
address isn't something we can rely on for legal purposes. And again, 
since the ISP is always going to be contactable, they're probably going 
to be a better bet for legal communication than the domain owner anyway.)


>Since I'm in the "business" of giving them away to folks who need them 
>and can't afford to buy them (as with lots of other Internet services), 
>I have little sympathy for people turning what should be a fre service 
>into a business.  Now that it's done, it's a necessary evil I need to 
>circumvent, but that doesn't mean I need to support it.

Well, fair enough; I can't argue with that, and it sounds like you're 
doing good work. But allow me to gently point out that your argument 
pretty much boils down to the fact that you don't care a whit for Aunt 
Mabel's privacy because you don't think she should be allowed to have a 
domain name in the first place, and you believe that people who receive 
domain names the "right" way -- as the result of an (admirable) public 
service -- have an obligation to reveal something about themselves when 
they join the Internet community.

That's fine... except that Aunt Mabel *is* allowed to have a vanity 
domain name for her knitting site, and the vast majority of such people 
don't see themselves as joining a community where they will be required 
to work hard to give back as much as they take. Instead, they pay money 
to join. Sad, but there it is; 1993 is never coming back.

Since Aunt Mabel is here, your opinion unfortunately isn't really a 
rebuttal to her privacy concerns (my original point being that she cares 
an awful, awful lot about whether her home address is available to anyone 
on the Internet).

------------------------------------
Robert L Mathews, Tiger Technologies

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