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Re: [ga] BULK whois


Jeff and all former DNSO GA members or other interested parties,

Neuman, Jeff wrote:

> Jeff,
>
> Thanks for your comments.  But let me turn the table on you at this point.
> Can you answer the following questions?

  Ah yes now we are going to enter the "Spin Zone" I see.  Very well...  >;)

>
>
> 1)  Who exactly are your members?

  Our members are listed on the Federal regristrar and with the FEC,
as you have been informed a number of times before.  You'll I hope
understand that I do not know all of them by name, and could not
list all of them here in this reply as it would violate Thomas's rather
sensitive adversion for posts exceeding 10k is size, a list rule.
However, Mr. Nueman, Jeff, if I may? You of course are or should
be very familier with submitting a FOIA request for the complete
list of our members, should you feel so inclined.

>  If you can please spell those specific
> members out on this list, I would be most grateful.

  I don't know each of them by name, and would not do so as it would
violate our privacy agreement with each of our members, unless I had
their spicific written permission to do so.  I can say that there are
aproximittly 35 - 40 or them at my last count.  As I am aware
they each have documented the history of their contact with Nuelevel
in some detail per my spicific advice some time ago now.  As most of
them are wll legally represented, I am sure they can take the necessary
steps if they deem it advisible to do so, to direct their further actions
whatever those actions may be.  Of course that may create a
financial burdon upon Nuelevel and perhaps yourself personally,
but that now seems far beyond my control or influence.  I am only
parroting the responses and concerns that I am getting to this
forum and yourself so as to at least bring some attention to
this growing/spreading and concerning problem.  As we, through
myself have already offered a number of times, alternitives or
solutions to correct this sort of problem the exausting of that
effort has now reached a point of germinating a more drastic
and perhaps much more costly remedy to be sought.  This I find
distastful and unfortunate, but with the obvious lack of cooperation
from ICANN and it's Registrars/Registries with Registrants, legal
actions may become the only method of addressing and perhaps
eventually solving these types of problems for some registrants,
now obviously growing in number.

  Given the wanton disenfranchizement of many participating
registrants as this thread brings out nicely, but tragically, the
unfortunate and to me personally, disturbing chain of events
is heading in a direction that will cause great constranation
to ICANN as a Organization, and many of it's Registries/Registrars.
However as far back as MdR 2000 some of us saw this perhaps
becomming necessary.

>  In the 8 years I have
> been involved in this industry (which I admit is not as long as others, but
> still not insignificant), I have NEVER heard of anyone who admitted to be
> affiliated with you or your organization.
>
> 2)  Please tell me how I personally can set an opt-out policy for .BIZ
> NeuLevel is contractually governed by the ICANN Registry Agreement with
> ICANN?  If I were to somehow dictate this new policy, please tell me how I
> would avoid a breach of contract action from ICANN? Also, tell me how I
> would not be in breach of my contracts with the Registrars?
>
> 3)  What financial burden are you referring to?
>
> Thanks for your time and I await your response.
>
> P.S. Feel free to call me if you have any questions.

  I just did, and the number you provided is a general Phone #
that has only a voice message...  Of course you may call me
at my phone # listed below any time, and I will either answer,
or return your voice mail message the same day....

> ....
>
> -----Original Message-----
> From: Jeff Williams [mailto:jwkckid1@ix.netcom.com]
> Sent: Wednesday, February 12, 2003 5:54 PM
> To: steinle@smartvia.de
> Cc: Michael D. Palage; ga@dnso.org; jeff.neuman@neulevel.biz
> Subject: Re: [ga] BULK whois
>
> Steinle and all former DNSO GA members or other interested parties,
>
>   I know our members that are Nuelevel customers have frequently
> complained about this problem with Nuelevel and other customer
> service related communications as well.
>
>   Opt-Out should be allowed and acted upon by any honest
> Registry/registrar.  Why Mr. Nueman has not directed his
> people from a policy standpoint in this direction remains
> a mystery and a travesty...
>
>   Perhaps it is time for another legal challenge to Nuelevel
> in this area, in order to get their attention, as well as perhaps
> relieve Mr. Nueman of some of his financial burden.
>
> steinle@smartvia.de wrote:
>
> >    Thanks for your reply.
> >
> > However I know that there is a "ordinary whois access" and a bulk
> > whois access.
> > All people involved always wrote about bulk whois.
> >
> > Neulevel Support:
> > "ICANN requires that we provide full WHOIS information for each domain
> > name we register.
> > You may, however, have your domain name removed from the list of bulk
> > registration records that we maintain.
> > Please contact your Registrar directly if you would like your domain
> > name to be removed from that list."
> >
> > I forwarded this message to my Registrar (to have my domains removed
> > from the list of bulk registration record).
> >
> > My registrar contacted Neulevel via Phone and wrote following
> > sentences: "We contacted Newlevel via phone and they told us,
> > that this change cannot be done. The previous mail was an failure of
> > the NEWLEVEL Supporter."
> >
> > According to NeuLevel (via my Registrar) there is no way to opt-out!
> >
> > Simon
> >
> >
> >
> >   ----- Original Message -----
> >   From: Michael D. Palage
> >   To: steinle@smartvia.de ; ga@dnso.org
> >   Cc: jeff.neuman@NeuLevel.biz
> >   Sent: Wednesday, February 12, 2003 4:59 PM
> >   Subject: RE: [ga] BULK whois
> >
> >
> >   You are mixing apples with oranges.
> >
> >   Bulk Access DOES NOT EQUAL public access to individual Whois queries
> > via port 43 or a web based interface.
> >
> >   Both the registrar and registry (in the case of thick registry
> > operators) are required by ICANN contract to provide whois information
> > in response to an individual whois query either via port 43 or a web
> > based tool. There is no opt provision for access to this data.
> >
> >   However, the registrar in his ICANN accreditation agreement is
> > required to provide "bulk access" to their Whois data (minus those
> > registrants that opt out) to any party that request it. In return the
> > registrar is able to charge up to $10,000 annually.
> >
> >   The only way I know of to remove your information from both public
> > access Whois and Bulk Whois is through Go Daddy's Domain Proxy
> > service.
> >
> >   I hope this helps navigates these complex issues,
> >
> >   Best regards,
> >
> >   Mike
> >
> >
> >
> >
> >    -----Original Message-----
> >   From: steinle@smartvia.de [mailto:steinle@smartvia.de]
> >   Sent: Wednesday, February 12, 2003 8:58 AM
> >   To: Michael D. Palage; ga@dnso.org
> >   Cc: jeff.neuman@NeuLevel.biz
> >   Subject: Re: [ga] BULK whois
> >
> >
> >     This is what I get from my Registrar and from NeuLevel:
> >
> >
> >     Dear Mr. Steinle,
> >
> >     Unfortunatelly we were not able to assert your interests regarding
> > in this matter.
> >     We contacted Newlevel via phone and they told us, that this change
> > cannot be done.
> >
> >     The previous mail was an failure of the NEWLEVEL Supporter.
> >
> >     We apologize for the trouble this may caused.
> >
> >     We really did our best.
> >
> >     Thank you for understanding in this matter.
> >
> >     Should you have any further questions or require any assistance at
> > all,
> >     please do not hesitate to contact us.
> >
> >     With kindest regards,
> >
> >     Your Team @ ...
> >
> >
> >     > > > > > > ----- Original Message -----
> >     > > > > > > From: "Support" <support@neulevel.biz>
> >     > > > > > > To: <steinle@smartvia.de>
> >     > > > > > > Sent: Tuesday, February 04, 2003 9:47 PM
> >     > > > > > > Subject: RE: {Registry#213-999} remove bulk access
> >     > > > > > >
> >     > > > > > >
> >     > > > > > > Dear Simon-
> >     > > > > > >
> >     > > > > > > ICANN requires that we provide full WHOIS information
> > for each
> >     > domain
> >     > > > > name
> >     > > > > > > we register. You may, however, have your domain name
> > removed
> >     from
> >     > the
> >     > > > > list
> >     > > > > > > of bulk registration records that we maintain. Please
> > contact
> >     your
> >     > > > > > Registrar
> >     > > > > > > directly if you would like your domain name to be
> > removed from
> >     > that
> >     > > > > list.
> >     > > > > > >
> >     > > > > > > Kind Regards
> >     > > > > > > Neulevel Support
> >     > > > > > > ___________________________________________
> >     > > > > > > NeuLevel - The home of .biz
> >     > > > > > > Email:    support@neulevel.biz
> >     > > > > > > Web Site: http://www.neulevel.biz
> >
> >       ----- Original Message -----
> >       From: Michael D. Palage
> >       To: steinle@smartvia.de ; ga@dnso.org
> >       Sent: Thursday, February 06, 2003 11:12 PM
> >       Subject: RE: [ga] BULK whois
> >
> >
> >       Speaking only on the topic of .info and .biz, it is my
> > understanding of the contracts that the registries do not have a bulk
> > access per se because it is the registrars that own the data.
> > Therefore, if one was to purchase Network Solution's bulk whois data
> > they would  be entitled to all ICANN sanctioned domain names that it
> > sponsors (.com, .org, .net .info, .biz ,etc), provided that the
> > registrant did not opt out as provided for in the ICANN Registrar
> > Accreditation Agreement.
> >
> >       Mike
> >         -----Original Message-----
> >         From: owner-ga@dnso.org [mailto:owner-ga@dnso.org]On Behalf Of
> > steinle@smartvia.de
> >         Sent: Monday, February 03, 2003 11:04 PM
> >         To: ga@dnso.org
> >         Subject: [ga] BULK whois
> >
> >
> >         Is there a BULK whois file for .info, .biz and .us like there
> > is one for cno domains?
> >         And how could one opt-out of this?
> >
> >         Thanks!
> >         Simon
> >
> >
>
> Regards,
> --
> Jeffrey A. Williams
> Spokesman for INEGroup LLA. - (Over 129k members/stakeholders strong!)
> ================================================================
> CEO/DIR. Internet Network Eng. SR. Eng. Network data security
> Information Network Eng. Group. INEG. INC.
> E-Mail jwkckid1@ix.netcom.com
> Contact Number: 214-244-4827 or 214-244-3801

Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 129k members/stakeholders strong!)
================================================================
CEO/DIR. Internet Network Eng. SR. Eng. Network data security
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@ix.netcom.com
Contact Number: 214-244-4827 or 214-244-3801


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