Moniker and spammer sued...

[ZuraX]

A guy sued a spammer(e360Insight, Bargain Depot) for spamming him and Moniker for providing him anonymous domain name registration.

What will happen to things like WHOIS Guard and the like if Moniker loses?
Will this also make Registrars take spamming seriously to were they start dropping spammers domains?
http://www.barbieslapp.com/spam/e360/timeline.htm

 

[goatish]

Interesting. I believe the complaint and supplemental materials indicate that there is a redaction for Moniker from the original Complaint, and Plaintiff Silverstein explains this was based on Moniker agreeing to provide information about the domain names owned by the defendant(s), which would then exempt Moniker from monetary damages.

 

[labrocca]

Anonymous whois should be abolished.

 

[Charley]

Anonymous whois should be abolished.

I've seen many of such instances. People give voice mail numbers that are not their own. Some names have adminstrative contacts which are FAKE.

 

[Jeffrey]

I used Whoisguard on one of my domain names because i sometimes blog against our country's corrupt police. Though still not a guarantee, but at least i'm a bit hard to find.

 

[rudyhernandez]

I Agree with labrocca.
Anonymous whois sure does present more problems than safety.

Rudy
Logistik labs

 

[DjFlush]

I used Whoisguard on one of my domain names because i sometimes blog against our country's corrupt police. Though still not a guarantee, but at least i'm a bit hard to find.

Same here

 

[Rebel-Man]

Privacy services can be a good thing, if one is used it should never mask the actual registrant of the domain. Only the contact information should be masked not the actual owner. This would serve to protect both the registrant and the registrar.

 

[Dave_Z]

Anonymous whois sure does present more problems than safety.

It can present more problems if people are especially not aware of those risks.
But we don't even know how many "suffered" versus how many benefitted.

If Moniker loses, they can drop the WHOIS privacy service or still keep it and
modify their legal agreements addressing this matter. But let's see how this'll
play out.

 

[topics]

Anonymous whois sure does present more problems than safety.

No it doesn't.

 

[ZuraX]

Yes it does. Hard to track down a spammer if they use anonymous whois..

 

[rudyhernandez]

This form allows Internet users to submit reports to ICANN-Accredited Registrars concerning
incomplete or inaccurate Whois data.

It's called the Whois Data Problem Report System

http://wdprs.internic.net/




Rudy
Logistik Labs

 

[ZuraX]

Thats of no help. When you try to report the domain via that form it shows the WHOIS info...
They just block it to everyone else unless they goto their stupid web site.

 

[NameCharger]

Thats of no help. When you try to report the domain via that form it shows the WHOIS info...
They just block it to everyone else unless they goto their stupid web site.

Try scrolling down further, it allows you to enter the invalid info.

 

[ZuraX]

Frivolous? The Judge doesnt think so...
And thats what really matters...

Why report anon-WHOIS domains anyways? The register has the real info and they sure arnt going to delete a domain of their customer for using a service they sold them...

 

[NameCharger]

My opinion:

Was a subpoena issued to the registrar and did the registrar refuse to comply with the subpoena? If not, why is the registrar even mentioned?

How about the electric company which provided power to the spammers computer that sent the spam? Or every manufacturer of every component in the spammer's computer for enabling spammer to send spam?

Liability should fall back on the one who deliberately and repeatedly sent the unsolicited emails, not the registrar.

 

[loko123]

i like privacy, i won't surely like marketing advertiser calling my phone all day. if privacy is off i would be forced to leave a blank in my contact phone number.

 

[ZuraX]

My opinion:

Was a subpoena issued to the registrar and did the registrar refuse to comply with the subpoena? If not, why is the registrar even mentioned?

How about the electric company which provided power to the spammers computer that sent the spam? Or every manufacturer of every component in the spammer's computer for enabling spammer to send spam?

Liability should fall back on the one who deliberately and repeatedly sent the unsolicited emails, not the registrar.

The way it is I have always thought that anon-whois was against ICANN rules regarding valid WHOIS info. So yes the register deserves to be in the suit. Since they are helping hide a criminal.

i like privacy, i won't surely like marketing advertiser calling my phone all day. if privacy is off i would be forced to leave a blank in my contact phone number.

Then you would be here crying when ICANN takes your domains off you....

 

[labrocca]

I used Whoisguard on one of my domain names because i sometimes blog against our country's corrupt police. Though still not a guarantee, but at least i'm a bit hard to find.

I understand the need to be private but you can do blog without your own domain. You are using the privacy service to break your local laws and that doesn't make me comfortable either. That's why whois privacy imho should be abolished. There is almost no legitimate reason to use it.

i like privacy, i won't surely like marketing advertiser calling my phone all day. if privacy is off i would be forced to leave a blank in my contact phone number.

I use my real info on all my whois domains (over 500 domains) and have yet to recieve a marketing call based on that. Paranoia isn't a legit reason for whois privacy.

 

[travinb]

how funny it is that private whois is promoted and sold as a registrants weapon against getting spammed hehe...

Also, regarding this issue, moniker is not at all liable in anyway, because as per the registrar registrarnt agreement (complusary for all registrars to have) one of the terms has the registrant agreeing never to use his domain for spamming and related activities...