Congress Eyes Whois Crackdown
Decius6i5 writes "The Washington Post is reporting on a Congressional hearing in which it was proposed that putting false or misleading information in your DNS whois record should be a federal crime. Texas Representative Lamar Smith is quoted as saying 'The Government must play a greater role in punishing those who conceal their identities online.' The article claims 'Smith and Berman drafted the bill after receiving complaints from the entertainment and software industries that much of their material is made available for free on Web sites whose owners are impossible to track down because their domain name registrations often contain made-up names.' Its funny, I don't recall the RIAA having any trouble tracking down P2P users whose IP addresses didn't have any DNS names associated with them at all. This isn't the first time the issue has been raised in Congress but apparently Congress hasn't gotten any more clued after several hearings."
Yes, there are criminals with false WHOIS records.
And, at the same time, the WHOIS database is a feeding trough for spammers and scammers, encouraging otherwise honest people to put false information into their WHOIS records just to keep those spammers and scammers from getting their names, email addresses, snail mail addresses, phone numbers, fax numbers, mothers' maiden names, and whatever else their registrars ask for.
I could create a brand new, non-obvious email address on one of my domain accounts and put it in as the Admin Contact for a record I own, and use that email address absolutely nowhere else, and I bet that within three months that email address would be getting buckets full of spam.
There's an old saying you still see on bumper stickers, "When guns are outlawed, only outlaws will have guns." While that idea might be more accurately stated as "When guns are outlawed, only outlaws will accidentally shoot their own kids," the original sentiment holds for WHOIS, that is to say, "When falsified WHOIS data is outlawed, only outlaws will falsify their WHOIS data."
If the RIAA and MPAA can't find the fake WHOIS record owners, how is the government going to track down the WHOIS record owners and punish them? Why waste time passing a law that, in the end, only punishes honest people who would rather not give their unlisted home phone numbers out when buying a domain name for their kids?
You are in error. No-one is screaming. Thank you for your cooperation.
Does Verisign control the WHOIS database? Since they are a US company, is that what gives the US the right to patrol that database? If not Verisign, who? Will the US rules be applied to other countries? This is legislation that will not be enforcable!
Write your senators or representatives, via snail mail or fax and inform them of this issue, especially if they are members of the revelant committees.
Wow. Either the spammers get my info from the Whois database or the RIAA can't track down some pirates.
Which do I choose?
Arrr....
So is my senator going to come over to my house and sort my spam email and junk snail mail that I get from my whois records?
The WHOIS database provides contact information that is necessary for the proper operation of the world wide web. It is not only registrars that need access to this information, if you have a complaint about a domain, and the registrar for said domain is the same company, who do you go to for contact information.
False or missing information in whois records is already a problem that helps (for instance) spammers hide their contact information from people with legitimate reasons to contact them. If you get no response from the contact listed in the domain's SOA record, abuse, admin, webmaster, postmaster, etc, and there is no contact information posted on the site (or false contact information), what do you do? You check out the WHOIS record for the domain. If the info that's supposed to be there is present and accurate, you have a way to contact somebody, if it isn't, you have ammo for asking the registrar to suspend the domain registration, and if *they* won't, you have ammo to ask ICANN to suspend the registrar's activities.
Unfortunately, people don't realize the reason that WHOIS records exist, which is to provide contact information. That's the WHOLE reason. Removing that information makes the WHOIS database useless.
CMDRTACO CHECK YOUR EMAIL!
...all that's going to happen is that people are going to put in correct information, and then make it unlisted. When the people in Congress are given the analogy with the phone system (ie, unlisted numbers) it will become a matter of subpeonas, and then for the courts in the cases of infringement, as it should be.
libertarianswag.com
- false WHOIS information
- false email headers
- spoofed IP addresses
- misleading web pop-ups
- spyware authors
- technomorons who install spyware
- coverage of mydoom by the BBC
- jj's boobs
Ceci n'est pas une signature
About 4 years ago. I registered "whitearyanresistance.com", org and net. I put a nice little cgi in place that sent people to random sites sites like blacksonblondes.com, algore2000.com, NAMBLA and so forth.
Next step was to modify the cgi to regurgitate the IP address where the user got a message that said..
Your IP Address: xx.xx.xx.xx has been recorded for forwarding to the proper authorities. Have a nice day
Then I got tired of picking on Tom Metzger and his retarded ilk and just donated the domains to another group (not the W.A.R.).
You bet your ass I used fake info in my WHOIS then.
I do wonder though if there are legitimate cases of where people run sites where it's best to not know the identity. Much in the same way that an abused woman could never call home from a shelter because her husband who beats her would know where she is thanks to caller ID.
Maybe the Chinese Communists would send goons to whack all the Falun Gong website owners or something (I'm sure you have better examples).
"The Government must play a greater role in punishing those who conceal their identities online, particularly when they do so in furtherance of a serious federal criminal offense or in violation of a federally protected intellectual property right," Smith said...
So - that sentence can end at the first comma, and be no less accurate in representing his opinion.
Smith and Berman drafted the bill after receiving complaints from the entertainment and software industries...
'Of the corporations, by the corporations and for the corporations'
The bill would not affect people who are trying to safeguard their privacy because it
only makes it a crime to submit false registration data when it is done to help commit a
crime...
Now if we could only keep that pesky concept of what constitutes a "crime" from continually
expanding...
<grrr>
The bill would not affect people who are trying to safeguard their privacy because it only makes it a crime to submit false registration data when it is done to help commit a crime, said Mark Bohannon, senior vice president for public policy at the Software & Information Industry Association, which supports the bill.
Oh, fer Pete's sake, Taco. Would it really hurt all that much to give a full, accurate blurb on this one?
This isn't about forcing people to use their real name when registering a domain. This is about increasing the severity of the punishment for committing online fraud. Basically, if you commit fraud using a website with faked credentials, you'll face a stiffer penalty than you would had you committed fraud on a website where you used legitimate credentials to register.
I'm not saying I've fully researched this, but it sure as hell isn't the rights-trampling orgy the blurb makes it out to be, Taco. Do your homework before posting half-informed diatribes to the front page.
Obliteracy: Words with explosions
You know, we're moving towards a world in which computer users and computers themselves are licensed, much as drivers and their cars are licensed.
Is that a good or bad thing? It has its drawbacks, but on the whole I would say good. Fewer viruses, less spam, a modicum of sense from lusers. Less anonymity, yes, but there are always tradeoffs.
Toronto-area transit rider? Rate your ride.
...like it's a big deal. This is the type of law that would only get enforced when you really piss someone off. If you're running an illegal site, you can expect that they'll heap this charge on with the 1000 others they levy against you. Without a motive like illegal activity, it's difficult to prove that you were being intentionally misleading. (Unless you're dumb enough to fill it out with "Snoopy, 10 Charlie Brown Drive, Gotham City" that is...)
Javascript + Nintendo DSi = DSiCade
I don't want my physical address available to the world. Domain minders should collect it for billing and security reasons, but NOT for publicly-available databases.
Table-ized A.I.
i run a small, non profit politically based website with a chatboard. many people have come on the chatboard and threatened me with physical harm and worse because of my views.
and now they want me to put my real home phone number and real home address in the DNS records?
WHAT A BUNCH OF SHIT
What if I want to setup a domain name criticizing my private school? They censor the newspapers so the internet is the only medium in which that would be possible to do anonymously. Just as I could give out fliers while wearing a mask without breaking the law, I should be able to do the same thing on the internet. Additionally, there are alternatives that you can pay for as well (but costs more than putting in fake information). They shouldn't be legislating against the ways in which people conceal themselves; they should be legislating against the things that they DO while concealed! Being anonymous isn't a crime. Punish the crime, not the anonymity. Wow politicians are so stupid. No wonder the good ones turn into teachers instead.
When 'whois'ing your domain it gives the company's email, which gets forwarded to you (after a spam filter if you like). Same with any 'real mail' (except for junk mail if you wish).
Well worth the nominal cost (3 bucks, IIRC) at registration time.
Selling child pornography on the internet (or off it) is a federal crime, but the FBI won't even take a report on ads for it.
Selling prescription drugs with verifying a valid presecription on the internet (or off it) is a federal crime, but the FBI won't even take a report.
Using a stolen credit card number on the internet (or off it) is a federal crime, but the FBI won't even take a report, even if you have a name and address for the perp.
Who cares if Congress enacts more federal laws that the FBI won't even take a report on?
Overall, having accurate information in the WHOIS database I think is essential for the ever-growing registration of web spaces on the Internet. However, just having "valid" data in the current database really won't cut it, as previous posts have stated with spammers conveniently using this as a virtual picking ground for targets.
What there needs to be, IMHO, is a re-vamp of how WHOIS works in storing data, and how the domain registrars handle that data. Things like admin email accounts and contact information (phone numbers, addresses, etc.) should be required to register, but should be in a database maintained by the registrar, and is not available to the rest of the population. If someone has a problem with you (spamming from your domain, etc.), it should be the registrar's issue, since they sold you the domain name. They should be the point of contact, and in turn send you mail with the question or complaint. This will protect people's privacy from the would-be spammer, and then give the government accurate information on who owns what. I don't agree with the whole BB thing either, but having accountability for what one has on his/her website needs to be enforced to a point, and having this data up to date will help enforce that.
I agree with the concept of jerking the registration if the information is false, misleading, or utterly out of date (cannot be found). Add a waiting period before anyone else can register it (so someone can step forward and claim their error), and allow for private registration that can be accessed with a warent, and I think it would be a pretty good idea.
Any other ideas?
People on the Internet sometimes pretend to be someone they're not.
Anyone who is trying to conceal their identity for illegal activities will continue to do so.
Now we may just get more spam.
It seems like the government, more and more now, is treating anyone who wishes to remain anonymous, or who does things anonymously, as a criminal. Granted there is nothing in our bill of rights or constitution that protects our right to anonymity, but there should be.
There are plenty of legitimate reasons why one would wish to remain anonymous. Not to mention the fact that the US government should have no control over the internet which in essence represents the international community. Just because anonymity can be inconvenient for law enforcement doesn't mean it must be made illegal.
Ski masks, pantyhose, and latex gloves are still available for sale in the US. All these are ideal tools for concealing your identity in real life. Wearing them in real life is not illegal either. It is, however, illegal to commit a crime while employing these tools, although no more so than if one does not employ them.
-3Suns
~~~~
The Revolution will be Slashdotted
"Do your homework before posting half-informed diatribes to the front page." ...but this is Slashdot! The whole POINT is to post half-informed diatribes and cause people to assume it's a rights-trampling orgy!
/. headline for that would read: "Windows Still Used To Violate Civil Rights" or something equally idiotic.
I've said before that if someone discovered Linux was in use in a prison system somewhere, the
Honorary Member of Jackie Chan's Kung Fu Process Servers
Some Canadian registrars, such as Internic.ca offer a service called Privacy.ca that hides your registration information, so random people can't look up your info.
If it becomes a federal crime to lie in domain records, something similar could be implemented to protect those who want to remain (somewhat) anonymous.
Not having any Whois information? I remember a domain name that I wanted to register at one that had already been taken, and when I checked whois to see who had registered it, there was nothing there. Is that going to be illegal, or just having false information? If it's only illegal to falsify info, what's the point; and if no info is also illegal, then this is way too invasive.
Join moola.com, play games to earn money.
I'm doing 5-10 for typoing my name.
eskwayrd = m^2c^4
When you read the terms and conditions when you register, you are required to put in valid whois information. The problem is many registrars do not enforce it. Then when people complain, the registrar may do someone about it in 6 months, and then update it with invalid information. ICANN investigated some reports who network solutions, but failed to do anything. One address from their investigation, 123 Yellow Brick Road, Oz, Kansas, is still there.
Fight Spammers!
When will they learn? Yet another 'law' proposed to clear up that dirty old Internet.
Congress, please read: THE INTERNET EXTENDS WAY BEYOND US BORDERS.
Many scams are perpetrated from sites OUTSIDE the US, how do you think your proposed law helps?
Please stop bowing to the corporate masters!
Yes, I am a Citizen of the United States.
Anything is possible given time and money.
I'm voting libertarian from now on.
Laws should be based on things that make sense, not 200 years of repressive precedent, or over hyped "concerns" of the day that get legislated to death and stick.
Congressmen who throw out stupid ideas about taking away freedoms, privacies, or putting government punishments in place where nobody has been hurt, should be fired for violating the basic tenants of freedom, and the constitution.
The government shouldn't be punishing people who falsify private documents. I believe it's not (currently) a crime to misrepresent yourself, and online there's a lot to be said for the added safeties of misrepresentation, anonymity, and privacy.
The FCC doesn't need to decide what we watch on TV, we do. If we don't like what we see on channel whatever we don't watch it anymore. The only thing worse than the government trying to control our private lives is the people asking them to. Go to Europe you bunch of repressed whiners.
I'm sick of this all.
I don't care how this gets modded, I'm fed up, and /. is a as good a place as any to vent.
My Linux Command of the Day site : LCOD
2001-2002
The top industries supporting Howard L. Berman are:
1 TV/Movies/Music $222,791
2 Lawyers/Law Firms $117,450
Lamar Smith also gets mondo payola from MPAA/RIAA.
Berman was one of the shills who drafted a nutty bill last session that would have allowed movie and music companies to hack into people's personal computers and networks to erase or destroy "copyrighted" material. Most notably, it indemnifies corporations against personal torts resulting from their error for damages under $250. So even if you've almost finished the greatest novel ever written but failed to find a buyer yet, if they erase it, you get nothing. If they destroy your hard drives but show the replacement value is below $250, you lose. And so on.
There is nothing Berman would not do to keep sucking at the media industry tit. Even to the degree of drafting such nonsensical law that clearly violates the "equal treament" under privilege or immunity of the 14th Amendment by immunizing corporations against felonious activities conducted by them against citizens without considering due process.
THis latest bit of nonsense is just more of the same. Obviously Smith smells some extra cash within reach and is now also busy pandering to the media conglomerates.
Da Blog
I wonder how this would affect the Godaddy unlisted domain name service they offer. It could be interesting. Even with false information in the whois; surely the FBI or the MPAA or the RIAA can subpoena the information from the registering authority the domain is registered through. I doubt that any of that information would be false. So that brings me to assume that when people are looking at whois information in order to prosecute the owner, and give up on a bad whois, that the issue is either not important enough to pursue further, or that they are too stupid to figure out how to do it. Either way, New laws in this area won't change anything. How would you enforce it? Do we really need more useless tech legislation that can't be enforced? Sheesh.
This signature has Super Cow Powers