Bill and all, I am not going to comment on your case in particular, but I can contest and would be more than willing to sware under oath myself that no matter how many times anyone reports spaming, phishing, or other fraudulent uses of Whois acquired data, if those companies or organizations are of a significant stature, they are rarely pursued by law enforcment. One has to wonder why. I myself have reported some 99 such incidents in less than a year now, and not one as far as I know or can determine are being pursued by law enforcment. I find such extrodinary if not entirely disreputable of law enforcment, sad to say... Further still it seems odd that CIRA and ICANN have not taken the lead here in addressing these inadaquacies and inconsistancies as well. -----Original Message-----

From: Bill Silverstein <icann-list@sorehands.com> Sent: May 4, 2008 10:16 AM To: alac@atlarge-lists.icann.org Subject: [At-Large] New CIRA Whois Policy - fear mongering?

...

There's simply no basis for your fear mongering.

There is no fear mongering. I am litigating against e360Insight and included Moniker as Defendant for providing anonymous whois service to spammers. Moniker has not identified or terminated the spammers, either e360 or on the original registrant of domain names that they claim do not belong to e360)

Of course, I provided Moniker with copies of the spam (under oath) which Moniker admits that some of that spam are using BagainDepot's (sister company/co-defendant) anonymously registered domain names.

I am not law enforcement. Just one of the people who tired of spammers using his servers as a using his inbox as a garbage can. Even is law enforcement was provided this information, there still need to be additional steps taken which will slow down the identification process. Do you think the FTC will start investigating a spammer that only sent 100 spams? Anonymous domain name registrations also prevent one from identifying how many are tied to a single spammer.

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