WhoIs You? Is your WhoIs info correct?

[dgridley]

While I don't normally read Bob (GoDaddy) Parson's blog, here's a bit of info I was surprised to read:

"It is now illegal to provide false information when registering a domain name.
Last year, there was a brief attempt to make registrars responsible for the accuracy of the Whois database. Fortunately, that legislation failed. What did become law was a new, stiff penalty (7 years) for providing false WHOIS information. While this looming jail time might have some sway over US-based crooks, it will do little to get accurate information from those who live overseas."

Hadn't heard of this (not that I have to worry)... and I suppose that should prompt us to review and correct any "mistakes" in our Contact info, eh?

http://www.bobparsons.com/

 

[Riceman]

have not heard of this yet, if this was the case it would of created some serious discussion on the boards. I just think someone laced Bob's coffee with something strong

 

[dgridley]

Possibly.. but I'd find it hard to believe he just pulled it out of thin air.

Serious discussion coming

Here's a reference to the bill I found: http://thomas.loc.gov/cgi-bin/bdquery/z?d107:hr.4640:

have not heard of this yet, if this was the case it would of created some serious discussion on the boards. I just think someone laced Bob's coffee with something strong

 

[Riceman]

I thought this is a bill introduced a few years ago. I have not heard anything concrete that said it has been written into the lawbooks.

It also may be a way for Godaddy to scare people into buying their overpriced Privacy Protection

 

[dgridley]

Could be... I just did a quick search. I'd still find it hard to believe he'd spout something without facts to back it up...

I thought this is a bill introduced a few years ago. I have not heard anything concrete that said it has been written into the lawbooks.

It also may be a way for Godaddy to scare people into buying their overpriced Privacy Protection

 

[Riceman]

Bob is a master showman, I would not doubt it

 

[jeter4982]

I think that is a good law, though it will be hard to enforce. I always provide true WHOIS information, because after all, that is the only real proof of ownership that you have.

Tom

 

[mole]

7 years in the can for false whois information? Define false? What about whois in the midst of transfers, or whois that got screwed up by registrars themselves (it happens) or dropcatchers, or whois that was not updated because someone died? What about email addresses that were lost or invalidated by bankrupt ISPs, passwords forgotten, what about laws in other countries?

Yeah, I tend to agree Bob seems to be manipulating with scare tactics to the innocent clueless hoards which make up the bulk of Godaddy customers for potential commercial gain from his Privacy Protection, or to ensure he can always auto-renew names without registrant emails and credit card information bouncing on his buttocks. IMHO.

 

[IAmAllanShore]

The law requires a heavy mens rea component, almost impossible to prove.
-Allan

 

[dgridley]

Mens Rea
The state of mind indicating culpability which is required by statute as an element of a crime. See, e.g. Staples v. United States, 511 US 600 (1994).

Agreed.. not to mention the expense of prosecution makes enforcement a daunting task.

The law requires a heavy mens rea component, almost impossible to prove.
-Allan

 

[Dave_Z]

I wonder if this is the one Parsons is referring to:

http://www.wsgr.com/WSGR/Display.aspx?SectionName=publications/PDFSearch/taupdate_jan_2005.htm#law

President Signs into Law "Fraudulent Online Identity Sanctions Act"

On December 23, 2004, President Bush signed into law a measure amending the Lanham Act, the key federal statute governing trademarks and false advertising, to penalize further those who deliberately submit false contact information with their domain name registrations.

The new law automatically makes certain online transgressions (infringement, dilution, counterfeiting, and cybersquatting) "willful" if they are committed in connection with false registrant contact data. This permits judges to impose higher penalties against lawsuit defendants.

This should be another useful tool in efforts to combat online fraud.

Also found a thread by AdoptableDomains about this:

http://namepros.com/showthread.php?t=48932&highlight=false+WHOIS

Just did a little more checking and here's another explanation in case some of
you guys didn't get the one I first posted:

http://www.answers.com/topic/fraudulent-online-identity-sanctions-act

The Fraudulent Online Identity Sanctions Act (HR 3754) was introduced on February 3, 2004 by Rep. Lamar Smith into the United States House of Representatives. It would modify trademark and copyright laws to create a presumption of willful infringement where an infringer has provided false information to a domain name registrar. It also allows criminal prison sentences to be extended by up to seven years when false information is provided to a domain name registrar in the course of the offense.

That 7-year line makes me more inclined to think this is the one Parsons is
talking about.

 

[dgridley]

Thanks, Dave... I suspect you may be right...

That 7-year line makes me more inclined to think this is the one Parsons is
talking about.

 

[mole]

That 7-year line makes me more inclined to think this is the one Parsons is talking about.

It's a highly qualified and contexted statement, zan, and when taken out of context and spun with hyperbole, can make it seem to the layman as though a crime was being created by not dotting the i's and crossing the t's on your whois.

 

[HFear]

While I don't normally read Bob (GoDaddy) Parson's blog, here's a bit of info I was surprised to read:

"It is now illegal to provide false information when registering a domain name.
Last year, there was a brief attempt to make registrars responsible for the accuracy of the Whois database. Fortunately, that legislation failed. What did become law was a new, stiff penalty (7 years) for providing false WHOIS information. While this looming jail time might have some sway over US-based crooks, it will do little to get accurate information from those who live overseas."

Hadn't heard of this (not that I have to worry)... and I suppose that should prompt us to review and correct any "mistakes" in our Contact info, eh?

http://www.bobparsons.com/

Wow, looks like I'll have to change the info for all my 25 .info domains. I accidentally put in my old address instead of my real one!