Cyrille

It's possible that they may have obtained the data under the terms of the
"Bulk Whois Access" clauses in ICANN's Registrar Accreditation Agreement,
which mandates that registrars must make their Whois available in bulk,
updated weekly to anyone that signs the relevant agreement and pays the
money (normally US$10,000 per annum).

See clause 3.3.6 at: http://www.icann.org/registrars/ra-agreement-17may01.htm

This does however prohibit the use of this data "to allow, enable, or otherwise
support the transmission by e-mail, telephone, or facsimile of mass, unsolicited,
commercial advertising or solicitations to entities other than such third
party's own existing customers."

In short, the only way this data can be used for marketing purposes is by
ordinary mail.  This is presumably the basis of campaigns conducted by Verisign
in the US (currently under investigation by the US Federal Trade Commission
and the reason for two law suits against them - see www.icannwatch.org for
more details), the so-called Domain Registry of Canada/America/Europe/Australia
(details also at ICANNwatch) and others.

IF they've got your data by this means AND they're sending their "offers"
out by any means other than ordinary mail then they would be in breach of
the Bulk Whois Access Agreement that they have signed with the registrar
that provided the data.

It's unclear to me whether the 'customer contact' provisions in auDA's Code
of Conduct (see http://www.auda.org.au/docs/auda-2002-13.txt ) would be
relevant in a case such as they do not appear to anticipate such a situation.

regards
jon

>-- Original Message --
>Reply-To: dns§lists.auda.org.au
>From: "ginger FISH" <cyrille.lefevre&#167;scifi-art.com>
>To: <dns&#167;lists.auda.org.au>
>Date: Thu, 15 Aug 2002 17:16:23 +1000
>Subject: RE: [DNS] Internet Name Group off line?
>
>
>9am to 5:30pm ?
>Gee they're lazy flaps !
>
>
>Anybody received the latest ING scam ?
>They use the name "Internet Name Protection" ( ING is probably too well
>known now ) and the site www.nameprotection.com.au
>
>They spammed Australian registrants that have registered gTLDs, offering
>to
>register a .com.au.
>I wonder where you can get a list of Australian registrants that registered
>gTLDs ?
>I know the best place to get it at some famous registrar that had a monopoly
>a little while ago, the funny thing is that i got one for a .com i
>registered only a few months ago, so their database is fairly recent ....
>would there be a spy "somewhere" feeding them with the data ?
>
>Was the "you shall not sent scam to Australian consumers with whom you
had
>no prior dealings with " limited to .com.au or does it apply to anything
>at
>all related to domain names ?
>
>ginger FISH.
>
>
>
>
>
>-----Original Message-----
>From: Josh Rowe [mailto:josh&#167;email.nu]
>Sent: Thursday, August 15, 2002 5:04 PM
>To: dns&#167;lists.auda.org.au
>Subject: [DNS] Internet Name Group off line?
>
>
>Internet Name Group - Contact Us
>http://www.internetnamegroup.com.au/Company/contactus.asp
>
>03 9525 5285
>4:40pm Thursday August 15th, 2002
>
>"[recorded female voice]
>Thankyou for calling Internet Name Protection.
>
>We are currently unavailable to take your call at the moment, either due
>to
>an increased volume of enquiries or you have called outside our normal
>working hours.
>
>Internet Name Protection's operating hours are from 9am to 5:30pm Monday
>to
>Friday eastern standard time.
>
>Please leave your name, domain name, company name and your contact details
>and one of our customer service representative's will return your call.
>
>Thankyou and have a great day
>
>[different recorded female voice]
>sorry there is no more room to record messages"
>
>
>Josh
>--
>http://josh.id.au/
>
>
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