Re: [registrars] Credit Fraud Issue Update

[Larry Erlich <erlich@domainregistry.com>]

There are other problems with this.

A) What is the exact legality of
blacklisting?

B) Assuming blacklists are legal, while
there may only be one "Mike Palage" or "Louie Touton",
there are thousands of "Mike Smiths" and 
there could easily be 2 "Mike Smiths" living in 
the same house at the same address (Jr/Sr).

In light of "B", what use is it to notify
others of a potential fraud?

Larry Erlich

http://www.DomainRegistry.com


Michael D. Palage wrote:
> 
> Hello All:
> 
> In connection with the reported credit card fraud issue reported to the list
> earlier today, I would like to update the list on some developments.
> 
> FIRST UPDATE:
> 
> Below is the response from one of the FBI agents that we met with in Reston.
> In light of the extraterritorial nature of this action she questions the
> jurisdiction of the FBI in this matter. However, in my email response to her
> I explained the potential nexus with the United States. I would like to
> thank Miesha Vukasinovic for bring this to our attention, and I encourage
> other registrars to disseminate information which can be of benefit to the
> industry. I think we need to increase discussion about issues like this as
> part of the expanded mission of the constituency.
> 
> FBI E-Mail Response:
> 
> Mike,
> Nice to hear from you.  Hope all is well.  The last time you called, I was
> out
> of the office and you did not leave the phone number for the hotel.
> Hopefully
> the matter was resolved.  If it is an emergency, you can always page me at
> 1-800-406-3558.
> Regarding the e-mail you sent, from looking at it, I do not believe that the
> FBI
> has any venue to investigate since it appears that the victim and possibly
> subject are both overseas.  I believe that Total Registrations is based in
> the
> UK.  Is it not?  If they would like to report the crime, I would strongly
> suggest contacting the New Scotland Yard.  Our Legat based in London works
> with
> Scotland Yard and can provide assistance if needed.  If there is some US
> nexus,
> please let me know.
> Thanks,
> Keep in touch,
> Michelle
> 
> My Response to the FBI:
> 
> Dear Michelle
> I agree that your jurisdiction is questionable. However, there are several
> factors that I thought might bring it within your jurisdiction (1) the
> Shared Registry System for .COM, .ORG & .NET is operated by Verisign and (2)
> in connection with the registration process, the registrant used the DNS
> servers of Great Domains which was recently acquired by Verisign.
> I will encourage the registrar to contact New Scotland Yard. If possible
> could you please forward me the list of FBI  legats that are located around
> the world.
> Thanks again for your help.
> 
> Mike
> 
> SECOND ISSUE:
> 
> There was a question raised to Joe Sims about the potential anti-trust
> issues associated with the statements about "group boycotts". Listed below
> is Joe Sims' response that I agree with. But this issue of potential
> anti-trust issues is something that the constituency will have to closely
> follow as we consider expanding the scope of our mission and becoming more
> proactive.
> 
> Joe Sims Response:
> 
> While this is an area with some
> ambiguity, the mere notification of an apparent fraud probably would not in
> and of itself raise serious antitrust issues.  If someone could assert that
> some collection of registrars had agreed not to deal with a person, it is
> theoretically possible that could be asserted to be a group boycott, but
> even then it would likely be actionable only if the group of registrars had
> market power.  Individual decisions, on the other hand, would not generally
> be actionable, even if they produce the same practical result.  Since free
> legal advice is worth what you pay for it, I would counsel everyone not to
> rely on this casual, off-hand statement of the general state of the law,
> but I thought it might be interesting to some.

-- 
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Larry Erlich - DomainRegistry.com, Inc.
215-244-6700 - FAX:215-244-6605 - Reply: erlich@DomainRegistry.com
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