bad whois info grounds for domain cancelation?

[seeker]

I am after a domain and have been for some time.
everytime I email the owner, the whois address bounces back. Its one of those made up names like blabla@nospamhere.com
the made up site actually exists (is regged) but also has non responsive email.
In fact, his phone number is a non existant 800 toll free number. The only strange thing is that it forwards to buydomains, but with no for sale sign or anything, just a seeq.com page.

If I report this to Icann, will they release this domain to the public?
do I rport this to the registry or Icann (assuming it is illegal and I can get it to drop).

Thanks.

[eSology]

No they won't. I have used the tool to report erroneous whois records before. The process works like this: The complaint gets forwarded to the registrar who then has x days to get it updated. I called GoDaddy about one of the names I was complaining about (it was stolen) and they stated the owner (thief more like it) will have 5 days to reply before the name gets put on-hold. I never got a clear answer but I know it works because in every case of me submitting the complaint the whois records changed. And I am not talking about challenging addresses and phone numbers just because nobody answers. I am referencing when people put xxxxx for city, dontspamme@yahoo.com for email and other gross errors.

[Anthony Ng]

That sucks. I once reported a scumbag who used a phoney e-mail address at my domain as the Admin Contact for several of his domain. It took so long that when I checked it nearly a year later, it's still there (and I got spam complaints; and yes, these are spammers, of course). I later sold that domain, and have not been following the progress (if any at all).

[seeker]

thanks.
so it does work then?
esology, did it go to pending delete after that period of 5 days or it was on hold for an unddetermined amount of days?
also who do I contact, Icann, or the registrar?

[eSology]

Here is the link: http://wdprs.internic.net/

I have yet to see one drop after my submission. I don't track them all and really only use the tool when the whois is inaccurate for:
1) domains that have been stolen
2) spammers domains (yes, I trace back through headers)
and occasionally
3) a real "jerk" on the forums.

Hey, what can I say? I am a jarhead…we tend to lean towards vigilante actions.

[seeker]

I understand.
for me its that I really want the domain, and I have been trying for months to somehow get into contact with the 'owner' but the email is fake. His address doesnt exist, and his phone number doesnt exist.
I dont want to spoil his party, but If he/che chooses to fake all that info, I might as well give it a shot and see what happens, maybe I can backorder it.

[JEsports]

Interesting info ... keep us informed on the progress Seeker if you go that route. Im sure it would take quite a while.

[Dave Zan]

seeker, have you asked the registrar about it first? Why not give it a shot
before using the WHOIS complaint link?

At least it may save the time consumed between ICANN getting the compliaint
and their telling the registrar about it. :-D

[seeker]

davezan, I'll give them both a shot. In fact I am just about to do it now.
I am sure the registrar (GD) will tell me to file a complaint with Icann anyway...

[MediaHound]

That sucks. I once reported a scumbag who used a phoney e-mail address at my domain as the Admin Contact for several of his domain. It took so long that when I checked it nearly a year later, it's still there (and I got spam complaints; and yes, these are spammers, of course). I later sold that domain, and have not been following the progress (if any at all).

Sounds exactly like a name I bought here.
hmmm
going to go check who I got it from.


edit

got it from 'peace'


Had the exact same thing happen to me, and it really caused major problems for me and my server getting involved in spam complaints. Had sleepless nights to resolve the issue with spamcop, within a certain timeframe set on my by my datacenter.
So you went through it too huh? Wasn't that terrible?

[mkx]

I understand.
for me its that I really want the domain, and I have been trying for months to somehow get into contact with the 'owner' but the email is fake. His address doesnt exist, and his phone number doesnt exist.
I dont want to spoil his party, but If he/che chooses to fake all that info, I might as well give it a shot and see what happens, maybe I can backorder it.

Why don't you just send a transfer request through your registrar for the name since if he doesn't reply, I believe you now get the name. Is it locked?

[seeker]

that would be unethical.
Funny, it is not locked.
You trying to give me ideas here? lol
I value my reputation more than the domain, although I *really* REALLY want it.

P.S.
rethinking
ok, so he has no valid whois data. He is illegal.
under the current system, I can do it.
would I be illegal?
darn, its not about ethics anymore.
He is wrong in the first place. But what if he hijacked the domain, and I get it with my real data.
that wouldnt look so good.
I dont know...
Any advice?

[MediaHound]

Don't do it.
Remember sex.com?

[mkx]

that would be unethical.
Funny, it is not locked.
You trying to give me ideas here? lol
I value my reputation more than the domain, although I *really* REALLY want it.

P.S.
rethinking
ok, so he has no valid whois data. He is illegal.
under the current system, I can do it.
would I be illegal?
darn, its not about ethics anymore.
He is wrong in the first place. But what if he hijacked the domain, and I get it with my real data.
that wouldnt look so good.
I dont know...
Any advice?

Well the truth of the matter is that I noticed a nice domain worth over $100,000 with false phone and email whois information and the website isn't even up so this thread caught my eye. I thought i'd point out the option for you to see what you would say so I can gather information myself on how legal or ethical it may be. From what I think, it can be done without criminal penalties but if the company decides to sue you, you will probably lose a lot more than the name. I am still thinking about it myself

[seeker]

yes...
the thing is, this guy is non existant, and he is according to Icann breaking the law.
ANyhow, I cant see myself doing that sort of thing, although it is tempting.
I mean, come on, a fake email, a fake number, a fake address...
and it has been like this for months...

[mkx]

Don't do it.
Remember sex.com?

Sex.com was stolen fraudulently. They wrote a letter pretending to be the owner didn't they?

Today, it would simply be requesting a transfer from your registrar for the domain name. I am pretty sure you can legally do this without a sale, just like seeing if they wanted to donate the name for free or if they don't care about the name. In this case, they will not have the chance to decline since they will not receive the email from their registrar. I think it is more of a civil matter than a criminal matter, and if there is a way to get away with it without using a corporation and bank account in Costa Rica than all the best.

[seeker]

I agree.
In theory, it is not illegal, and in fact, it is by the current system suggestable.
However, were there to be any complications, one has to wonder about 2 things.
Their reputation
and the consequenses (sex.com was indeed very very different)
HOWEVER,
this sort of thing can be abused.
i.e.
a server down with a non replying email etc...
but here I am facing a situation where for 3 months, the whois data is false.
There is nothing legit about the domain owner.
but 2 wrongs dont make a right.
They might make a sale though...

[mkx]

Just make the transfer request and if he contacts you, explain you wanted to make an offer but couldn't contact him. Then offer him money for the name, if he doesn't agree, transfer it back. Maybe just leave it parked at a page with your email address for a few months

[seeker]

man, it is tempting...

[mkx]

Yup, i'd give it a shot, be sure to let us know how it goes