The WHOIS directory was created to provide individuals a mechanism to do the following (according to Wikipedia):
1. Supporting the security and stability of the Internet by providing contact points for network operators and administrators, including ISPs, and certified computer incident response teams;
2. Allowing users to determine the availability of domain names;
3. Assisting law enforcement authorities in investigations, in enforcing national and international laws, including, for example, countering terrorism-related criminal offenses and in supporting international cooperation procedures. In some countries, specialized non governmental entities may be involved in this work;
4. Assisting in the combating against abusive uses of ICTs, such as illegal and other acts motivated by racism, racial discrimination, xenophobia, and related intolerance, hatred, violence, all forms of child abuse, including paedophilia and child pornography, the trafficking in, and exploitation of, human beings.
5. Facilitating inquiries and subsequent steps to conduct trademark clearances and to help counter intellectual property infringement, misuse and theft in accordance with applicable national laws and international treaties;
6. Contributing to user confidence in the Internet as a reliable and efficient means of information and communication and as an important tool for promoting digital inclusion, e-commerce and other legitimate uses by helping users identify persons or entities responsible for content and services online; and
7. Assisting businesses, other organizations and users in combating fraud, complying with relevant laws and safeguarding the interests of the public.
Although many of these reasons for the WHOIS directory are useful and used often, the illicit features revolving around the database are exercised just as frequently. Although some providers of WHOIS databases employ measures to protect the data it contains, the individuals designing the automated programs to harvest the data are always working to circumvent the protection measures. People will notice that if their email is listed in this directory is being harvested by spam bots with their home address, phone number, and name. These gathers sell and use these lists to send unsolicited bulk mail and advertisements to the various contacts contained within. Why keep a database around and available to the public that is being used for such bad purposes? When do the costs of keeping a database like this easily accessible to the public outweigh the costs of keeping the information protected and private?
These databases are being used even by domain companies who control these information sources, to up-sell consumers to have "businesses listings" inside of the WHOIS database. The database was not originally designed to be a mechanism to produce a profit. An interesting question that ICANN may have to address is if companies engaging in this businesses practice are crossing a fine line with their use of the database. Should companies be permitted to create various products around the WHOIS database? Many companies are making quite a bit of money through "private" or "proxy" registrations.
These registrations put a third party company’s information visible in the WHOIS database and relay all information to the party who is actually behind this veil. There may be a conflict of interest in the people who are controlling access to the WHOIS database while selling features to privatize information in it. Would it be logical to assume that a company would not want to make it "hard" and "protect" WHOIS information because if it is easy to access, the more of a reason people should purchase a private registration.
All of these questions and concerns raised are very interesting and eventually will be hashed out; however, it may not be in the near future.
Please post any questions, comments, or concerns…
