> Assuming they aren't illegally mining the WHOIS (which is doubtful for 
> operations of that size), the answer is most likely that these two 
> companies purchased the information from OpenSRS under the ICANN-mandated 
> bulk WHOIS sharing program. (I'd be interested to hear if OpenSRS would 
> confirm that, although I assume they aren't able to disclose customer 
> information for privacy reasons. But if OpenSRS has never dealt with 
> these companies, it seems possible to say so without overstepping privacy 
> bounds... hint hint...)

One point of clarification.  It is *not* a violation of terms and
conditions on the usage of public whois data to use *postal mail* for
solicitations.  The ICANN policy only prohibits e-mail, telephone, and
fax bulk solicitations. (see section 3.3.5 of the Registrar Accreditation 
Agreement at http://www.icann.org/registrars/ra-agreement-17may01.htm)

So they can legally mine the public whois and send postal mail
solicitations.  But they cannot send out deceptive mailings, i.e. those
that violate postal regulations.



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