I would generally agree with your statements. I would just put forward
that having a reason for a challenge is an important necessary
distinction. All of the situations you outline below would qualify by my
standards as valid requests for challenging.

Scott Allan
Director, OpenSRS
[EMAIL PROTECTED]

On Fri, 17 May 2002, Bryan Waters wrote:

> I understand the issue about unintentional bad data in the WHOIS database,
> but there is a level of responsibility related to a domain name
> registration.  In most cases, the WHOIS information is the final fallback of
> registration information for a site doing business on the net.  Physical
> businesses have licensing requirements, certifications and other relevent
> laws to adhere to...the purpose of which is to protect the consumer.
>
> The internet has none of these requirements except maybe the WHOIS data and
> the ICANN requirement that this data is valid.  A consumer that has a
> complaint against a web-site has very little recourse if even this data is
> invalid.  To operate a business and hide your identity is fraudulent and
> dishonest.  Of course there should be some sort of legal requirement that
> this information be valid...
>
> Of course...all my arguments pertain to commerce sites but...well, you are
> not allowed to lie on your driver's license either.  I guess my point is
> that there is a definite responsiblity associated with having a domain name
> registration...greater or lesser depending on the nature of the
> site/services associated with the domain and its impact on the Internet
> community.
>
> -bryanw
>
> -----Original Message-----
> From: [EMAIL PROTECTED]
> [mailto:[EMAIL PROTECTED]]On Behalf Of Scott Allan
> Sent: Friday, May 17, 2002 6:43 PM
> To: Derek J. Balling
> Cc: [EMAIL PROTECTED]
> Subject: Re: WHOIS registrant data inaccuracies followup
>
>
> On Fri, 17 May 2002, Derek J. Balling wrote:
>
> > Would you support the same type of program for, say, abuse complaints
> > to an ISP? If not, expound upon me the difference between the two?
>
> Hey Derek -
>
> I think what has me scratching my head is making sense of the
> logic/motivation of challenging names in bulk where the only abuse
> demonstrated is bad contact data...
>
> The way I see it (MHO only) this is a great lever for use where there are
> abusive related activities (SPAM, questionable content, etc...) and where
> the registrant uses false WHOIS contact data as a defense to continue
> operations. Perhaps I am missing something, but I do not see a real
> prosecutable crime in bad WHOIS data alone. Certainly it should be
> discouraged, and anyone who puts any value on their name registration is
> foolish to intentionally roll the dice through intentional obscurity.
>
> Also, there is an overhead in pursuing these matters. While we are happy
> to pursue reports where there are supporting circumstances for a
> challenge, we are cautious about the usefulness and cost of mass
> challenges for no other reason than bad contact data.
>
> Furthermore, unintentional bad contact data (as you must be aware) is the
> hidden bane of our industry. It is rampant and common. Promoting an
> environment where challenges are put forward regularly without supporting
> circumstances would not serve many many registrants. The activities you
> suggest strike me as against the spirit of the intended use of the clause.
> An abuse of an abuse-reducing policy if you will.
>
> To respond to your ISP analogy, the difference would be responding to
> evidence (which should be done) and pursuing reports based on allegation
> alone. Finally, as a challenger, I have no problem with a deposit
> requirement to support my claim, provided I get it back if my claim is
> proven to be valid.
>
> Regards,
>
> sA
>
>

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