Jan. 19, 2010
4:13 a.m.
In this case the defendants were sending porn spam from addresses hidden behind WHOIS privacy services, which the court agreed was fraudulent.
From my read, the defendants didn't actually use a private registration service. They intentionally falsified their whois data. At trial, they then used the example of a proxy service as an example of something legitimate that, they believed, showed the vagueness of the statute. The court disagreed that the statute was vague, but the proxy service part of the decision was a hypothetical.
You are 100% correct not in the appeal or the conviction there is a mention that these guys used a WHOIS proxy, they provided false information and even impersonated other people. Rgds