1

By David Rothman

Oh, this is a start. eNom is asking for an update of the whois contact information for dickgenthechev.com.

This “casino”-related domain is owned by “Gazit Bingaman.” He’s sent thousands of attempted comment-spams in the direction of the TeleRead Web log and also trespassed against other blogs.

Yes, Gazit’s assault goes on. This morning I’ll be cleaning out 368 attempted spams, although, signficantly, they’re now associated mostly with Blogspot sites rather than eNom-registered domains. No eNom-related offenders today. You bet I’ll follow up with Blogspot/Google if that’s now Gazit’s main spam platform and he keeps assulting the TeleRead blog. (Update, 12:57 p.m.: I typed too soon–Gazit’s spam is once again mentioning primeracdduplicators.com, an eNom domain.)

Time for eNom to press Gazit on other domains as well

Back to eNom. Dickgenthechev.com has not been directly promoted in Gazit’s spamming of the TeleBlog, but he’s the same guy who registered primeracdduplicators.com and sexocite.com, to which his spams of the TeleBlog have pointed. I hope that eNom will do something about those domains as well–and any others registered through the company or its affiliates.

eNom acted following word that the government of Cyprus is investigating Gazit Bingaman. I applaud eNom for checking out Gazit. Thanks! Now let’s see if eNom will cancel all his registrations if there’s no reply. I also hope it will cooperate fully with authorities in the States, Cyprus and elsewhere.

If local law elsewhere won’t suffice, ideally he can be extradited to Virginia and imprisoned there, just like a notorious email spammer from North Carolina. If laws in Virginia and elsewhere do not cover blog-spamming and other statutes don’t apply, governments need to act with new legislation. Better international cooperation would also go a long way.

Speaking of jurisdiction, as noted earlier, the government of Cyprus could not even find a town named “Salinoky,” the one that Gazit mentions in his registrations. I wouldn’t be surprised if Gazit actually turned out to be in, say, Russia. But at least, thanks to the Cypriot government, the burden is now on Gazit to prove his genuine whereabouts.

Needed: Tighter link between registration and anti-spam efforts

The whole episode illustrate the need to take a more holistic attitude toward registration and deny it to offenders like Gazit–ideally through a blacklist in which all registrars would have to participate. eNom itself says: “While we do not support or promote spamming activities, we are not under any obligation to determine or investigate whether eNom’s registrant’s participate in spamming activities, nor are we in a position to police each and every registrant.” This is a generic problem not limited to the eNom.

I believe that registrars should be legally held responsible for unplugging the domains of flagrant spammers in Bingaman’s league. Quite objectively, we know that he is on anti-spam blacklists and that his blog comments are wildely off-topic and for commercial purposes.

eNom’s letter to me

Meanwhile, below, I’ll reproduce the text of the note from Sarah Akhtar, associate general counsel at eNom:

Dear Mr. Rothman,

I am in receipt of your email to John Kane dated November 1, 2005. I understand that you believe that the registrant of dickgenthechev .com is conducting spamming operations and maintaining inaccurate WHOIS contact information. Pursuant to our agreement with ICANN, (and our Registration Agreement with our registrants) require that all registrants maintain accurate and reliable contact details and promptly correct and update the contact details during the terms of the registered name. While we do not support or promote spamming activities, we are not under any obligation to determine or investigate whether eNom’s registrant’s participate in spamming activities, nor are we in a position to police each and every registrant.

However, at any time that we are aware or believe that a registrant has provided inaccurate or unreliable contact information, we give that registrant fifteen calendar days to respond to our inquiries concerning the contact details. If the registrant does not respond within fifteen days, or if the inaccurate or unreliable contact information continues after fifteen days has elapsed, we may cancel the registrant’s registration with us. This is our obligation to ICANN and it is our agreement with our registrants.

Today our legal department sent a notice to the administrative contact at http://dickgenthechev.com/ and requested that he/she update the WHOIS contact information. If such information is not updated with the fifteen day period, we may place on hold the registration and/or cancel the registration. Please feel free to forward along any other domain name registrants that may have inaccurate or unreliable WHOIS information and we will gladly review and respond to those cases as well.

Please contact me if you have any other comments or questions.

Regards,

Sarah E. Akhtar
Associate General Counsel
eNom, Inc.

 
1