Chris,

Without a signature that email you have presented is worthless and could
have been written by yourself for all we know.

Dave Hooper.

]-----Original Message-----
]From: Chris Disspain [mailto:ceo§auda.org.au]
]Sent: Friday, 28 September 2001 2:55 PM
]To: dns§auda.org.au
]Subject: [DNS] re what is this
]
]
]Below is an extract from an email just received from the organisation that
]auDA identified as the one who had used AUNIC to create the one
]tel list. It
]is self explanatory.
]
]
]"Dear Chris,
]
]I appreciate your request for a response, when I first read your original
]email, I was rather concerned, since I wasn't able to find what it was that
]you wanted.
]
]I saw an opportunity to attempt to attract a number of new customers,
]customers who were obviously in need of a new service company. I avoided
]sending 'spam' as much as possible, and instead sent out, by post, letters
]explaining to people what was happening and their options. I received a
]number
]of calls, where I took great pains to explain that I wasn't their only
]choice,
]but they should in fact make a move somewhere. Furthermore, I didn't send
]anything to anyone until AFTER One.Tel had already announced that
]everything
]would be closed down. ie, while there was a chance that they might survive,
]I
]left them alone to do their best (unlike C&W Optus, IMHO).
]
]I knew of the problems associated with 'spam', and I know that there are
]many
]companies that use the whois data for the purpose of sending spam, as well
]as
]for sending out 'Renewal Notices' for domain names. Also thinking that the
]whois database was in fact a public record, for public use to find
]the owner
]details of a domain, I used it for that purpose.
]
]I now know that I was wrong. I didn't in actual fact have authorisation to
]use
]that data for the purposes I did. There were in fact certain terms and
]conditions that I should have agreed to before using the whois data.
]
]Technical Reasoning:
]There were a number of whois requests from my system around June. Yes, they
]were late at night/early morning, that was a simple choice to run the
]queries
]at a time when there would be less impact on any service, whether
]bandwidth,
]or machine load on the whois servers. I also ensured that there would be
]some
]'sleep' time between each request, to also have as little impact as
]possible.
]I was trying to be considerate, ie, doing the lookups at 'quiet times',
]sending via post (where I pay the cost), fielding phone calls (giving out
]information that One.Tel Administrators should have, even downloading
]websites, and emailing them to people, for no charge, who had no
]affiliation
]to me).
]
]In general, I can see by reading the terms and conditions, that using the
]information for the purposed I did was not permitted. However, I am not
]entirely sure of how we can proceed past this point such that we are both
]satisfied. ie, what is it that I need to do? From your original email I
]assumed the first I would hear is from some solicitor. I am hopeful that I
]can
]avoid that particular path, and as such am keen to work with you to come to
]a
]mutually satisfying solution.
]
]PS, from my reading of the T&C's, it would seem that allowing
]people to do a
]whois query from a website and see the results is also not allowed, is that
]correct? Or is it only restricted if the number of queries exceeds a
]'reasonable' number? How do major domain name companies provide the web
]based
]forms if this is the case? Is there some other way to perhaps provide a
]local
]cache of the whois data, or similar?
]
]Also, do you only follow up on companies that you notice, or is there some
]sort of reporting mechanism, where suspected mis-use of whois data can be
]reported? Specifically, with regards to un-solicited domain name renewal
]notices.
]
]Finally, thank you for your time and patience in dealing with this matter."
]
]For clarity;
]* auDA followed this matter up immediately upon receipt of the
]list from the
]anonymous source
]* the extract is the complete email with the identifying
]information removed
]* I will not publish the name of the organisation
]* auDA was not aware that this had occurred prior to receiving the
]anonymous
]email
]
]Regards
]
]Chris Disspain
]CEO - auDA
]ceo§auda.org.au
]+61-3-9226-9495
]www.auda.org.au
]
]
]--
]This article is not to be reproduced or quoted beyond this forum without
]express permission of the author. 329 subscribers.
]Archived at http://listmaster.iinet.net.au/list/dns (user: dns, pass: dns)
]Email "unsubscribe" to dns-request§auda.org.au to be removed.
]
]

--
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Email "unsubscribe" to dns-request§auda.org.au to be removed.