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  1. #1

    Someone is using my name, address, phone as contact info on their domain on Whois

    Someone in china and/or russia is using my full name, my mailing address and my old but invalid phone number as contact info on their multiple domains registrations on Whois.

    Email address that is posted on Whois is someone elses, not mine. IP is in russia, registrar is BIZCN(dotcom), Inc. which is in china.

    Some of those hosting servers are some kind of public servers.
    Host for that domain is FREEDNS.WS registered at whois.publicdomainregistry.com

    To make matters annoying as the least I just received a letter from a U.S. attorney asking me to stop using domain of their client, which is very similar to a known company name.

    Since this is a first time I discovered that someone (under russian, European and other worlwide IP servers!) has registered a big number of domains and are all listing them under my name, but since I never registered those domains nor paid for them nor I have access to their management I feel helpless to help this UNPROFESSIONAL lawyer in Manhattan, who did not make any research who the real owner is or could be and already threatens me with huge fines and only gave me 7 days to respond, that is including arrival time of his letter and for my letter to reach him! The attorney mails his letter to me on Oct. 10 which goes to another distant state in the deep countryside and expects to receive a reply by Oct. 17 !? It sounds like a frivolous and or propped up accusations, non-meritorious claim or some kind of a new scam.

    First of all what is to be gained by using someone else's name on their domain registrations?

    Second what do you think of all this?

    I'm not asking for legal advice, but since my income is very small (wrong guy to cash out with) I will appreciate any legal advice as well if any lawyers here.

    Thank you in advance for your opinion, advise and help.

  2. #2

  3. #3
    So sorry to hear about the incident. I agree to BoxIntense that fail your report to ICANN. Then, mask your domain name(s) (if any) with private info to prevent your information being stolen again.
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  4. #4
    Private registration is expensive. Displaying your contact data on WHOIS correctly lets your customers and others respect and trust you more. Unfortunately, and it's a shame, ICANN and their approved Registrars that register domain names do not seem to VERIFY contact data for registrants and that is a very bad neglect, which demonstrates their complete unprofessionalism, nihilism, disrespect and lack of dignity. All domain contact data should be verified at all times; same as bank account or other financial data.

    I used to report fake whois, but it appeared that neither registrars nor ICANN did nothing about it, and those fake whois remain until this day, fake.

    Trying to hide one's name and address on Whois is similar to ostrich placing his head in the sand. Instead, we should legally force ICANN verify all domain registrant data, and do that seriously!

    Since internet rules our lives today, I consider the world a lawless society today. I will be taking legal action against ICANN soon (since I can not reach the shady BIZCN Inc. in China nor some shady host in Russia) and welcome to join me in the class action lawsuit.

    Lawyers who read this are welcome to help this case.

  5. #5
    Quote Originally Posted by BoxIntense View Post
    Thank you for the link. Yes I did, in the past, but on other domains, which had fake Whois data, but were not in my name. Such as trying to nail spammers who would register domains with fake Whois and ICANN would just clap their hands from joy...

  6. #6
    Quote Originally Posted by BoxIntense View Post
    P.S. This report link is very benign and useless and is very user-unfriendly. It does not allow to report outright identity theft. If anyone thinks otherwise, please let me know where I am wrong.

    It does NOT make any sense, take a look:

    Domain Name

    * Name (of who? the owner of the domain, who in my case is unknown; or me? and I am not the owner!)

    * Email (of who? mine? ok, but look below)

    I do not want my e-mail address disclosed to the registrar who the domain name is registered with.

    If checked, please give reason below.

    The above statement of email non-disclosure does not make any sense or does not match my case.
    Last edited by NeonRider; 10-18-2011 at 01:07 AM.

  7. #7
    And what would ICANN do since the BIZCN registrar is in China?

  8. #8
    ICANN (I CAN'T) can't even spell:

    Whois Data Problem Reporting System - Single Submission Request

    General Information Red Arrow Complaint Details Red Arrow Verify Compliant

  9. #9
    Quote Originally Posted by NeonRider View Post
    Instead, we should legally force ICANN verify all domain registrant data, and do that seriously!
    This approach will be even more expensive, let's say that ICANN should manually, recursively and continuously verify billions of domain that is registered until today, I can only assume that domain names will not cost 10 bucks anymore, probably 1 grand/year/domain.

    Anyway, alternative to ICANN form you can try contacting the administrative contact for .ws registrar:

    http://www.iana.org/domains/root/db/ws.html

  10. #10
    Thank you, I will; and now imagine I will have to do this for hundreds of domains? And they will probably register new ones as soon as the old ones are shut down or are "corrected" with a "real" name of the criminal (yeah right).... and so on and on without end?

    If domains will cost $100 or $1000 per year that would make domain owners more responsible and the scum would be eliminated. And there would not need to be so many 2nd level tlds, such as .name and .mommy and .daddy and .mysisterbrokehertooth, etc.

  11. #11
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    Neonrider,

    You should file those WHOIS complaints and notify the current Registrar with the steps you are taking.

    http://wdprs.internic.net/

    ICANN also requires the current Registrar to verify the WHOIS data by sending WDRP emails to the registrant.

    Document everything. This will not go away fast but if the current registrar keeps violating ICANN regulations the contract will be terminated. I can't imagine that the current registrar wants to throw away alot of cash not to mention the time investement.

    This website will give you more insight on how ICANN works in relation to their registrars.
    http://www.icann.org/en/compliance/
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  12. #12
    Quote Originally Posted by realtimeregister View Post
    Neonrider,

    You should file those WHOIS complaints and notify the current Registrar with the steps you are taking.

    http://wdprs.internic.net/

    ICANN also requires the current Registrar to verify the WHOIS data by sending WDRP emails to the registrant.

    Document everything. This will not go away fast but if the current registrar keeps violating ICANN regulations the contract will be terminated. I can't imagine that the current registrar wants to throw away alot of cash not to mention the time investement.

    This website will give you more insight on how ICANN works in relation to their registrars.
    http://www.icann.org/en/compliance/
    ok, one more ponint i want to say just contact ICANN to let them verify the registar's phone number.is would be helpful to verify whether it is the real people who do the register and any more,ICANN should check the the registar's valid documents if this is a reported domain with complain.Thus, it will be easier to get this problem resolved.

  13. #13
    ICANN could at least verify registrant's photo id, for example:

    1. Domain xxx.com is registered via Godaddy and registrant immediately owns the domain, but they have say 7 days (more or less) to mail or fax their photo id or another document which would show their address that shows up on WHOIS.

    2. Godaddy (or another registrar) also would call the phone number on record just like Craigslist does. Email address would be verified as well.

    3. If some data is incorrect, it must be corrected within certain period of time. If it is done on purpose, the registrant loses ownership to the domain name or must pay a big fine to get it back.

    Anonymous registrants or c/o should not be allowed to register domains.

    Sending a letter to my address (that never happened) costs only a stamp, say $0.50 to $1. In such case i would respond by email, mail or fax that my address is being used improperly.

  14. #14
    Quote Originally Posted by realtimeregister View Post
    Neonrider,

    You should file those WHOIS complaints and notify the current Registrar with the steps you are taking.

    http://wdprs.internic.net/

    ICANN also requires the current Registrar to verify the WHOIS data by sending WDRP emails to the registrant.

    Document everything. This will not go away fast but if the current registrar keeps violating ICANN regulations the contract will be terminated. I can't imagine that the current registrar wants to throw away alot of cash not to mention the time investement.

    This website will give you more insight on how ICANN works in relation to their registrars.
    http://www.icann.org/en/compliance/
    Over a month ago I submitted to ICANN "wrong address/name" report on a couple domains. Today, the domain still bears my name and address. Nothing has been done.

    Please take note: Registrar BIZCN(dotcom), Inc. is FRAUD. Which makes ICANN reputation questionable.

  15. #15
    Um I'm sure the mailing/phone cost isn't biggest the problem here (VoIP and e-fax are everywhere, and they are almost as cheap as free!). The cost is more at human resources they need to spend.

  16. #16
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    The easiest way will be to contact *domain registrar* and explain them the issue. Most probably they will ask you about some documents proving that you are the one listed as Domain registrant.

    Dealing with ICANN is time-consuming.
    less is more

  17. #17
    Quote Originally Posted by NotanAngel View Post
    The easiest way will be to contact *domain registrar* and explain them the issue. Most probably they will ask you about some documents proving that you are the one listed as Domain registrant.

    Dealing with ICANN is time-consuming.
    As I already mentioned I contacted registrar, but there was no response, no action. Even the "registrar's" email address is weird:

    [email protected]
    [email protected]
    (and not [email protected] . com)

    I also suspect they do not understand any English.

  18. #18
    By the way, the email address listed for that domain on WHOIS returns "does not exist". So much about ICANN'T verification of email addresses!

  19. #19
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    Quote Originally Posted by NeonRider View Post
    As I already mentioned I contacted registrar, but there was no response, no action. Even the "registrar's" email address is weird:

    [email protected]
    [email protected]
    (and not [email protected] . com)

    I also suspect they do not understand any English.
    ouch...
    this registrar looks very shady.they are listed as registrar for many scam domains, just read http://www.bobbear.co.uk/criscom-group-inc.html or http://www.bobbear.co.uk/success-payment.html.

    However I found a few more contacts, maybe you can try those?

    (please remove spaces in 'bizcn . com')

    registrar bizcn . com
    Registrar Name: bizcn . com, INC.
    Address: NO.61 WANGHAI ROAD, Longtop Group Building SOFTWARE PARK, Xiamen, Fujian Province 361008, CN
    Phone Number: +86.5922577888-2801
    Email: [email protected] . com
    Whois Server: whois.bizcn . com
    Referral URL: bizcn . com
    Admin Contact: Ming-Xuan . Yang
    Phone Number: 86-592-2577888-7777
    Email: [email protected] . com
    Admin Contact: Jimmy . Zhuang
    Phone Number: 86-592-2577888 ext 8000
    Email: [email protected] . com
    Billing Contact: Angela . Huang
    Phone Number: 86-592-2577888-2804
    Email: [email protected] . com
    Billing Contact: Jessie . Weng
    Phone Number: +86.5922577888
    Email: [email protected] . com
    Technical Contact: Ming-Xuan . Yang
    Phone Number: 86-592-2577888-7777
    Email: [email protected] . com
    Technical Contact: Angela . Huang
    Phone Number: 86-592-2577888-2804
    Email:[email protected] . com
    Last edited by NotanAngel; 10-18-2011 at 01:13 PM. Reason: emails didn't display properly
    less is more

  20. #20
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    You could always use Google Translate to translate your message into Chinese.
    Signature Under Construction.

  21. #21
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    Quote Originally Posted by NeonRider View Post
    By the way, the email address listed for that domain on WHOIS returns "does not exist". So much about ICANN'T verification of email addresses!
    If the domain portion of the registrant's email addy doesn't exist then you can register that domain and get the emails.

  22. #22
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    Quote Originally Posted by BoxIntense View Post
    This approach will be even more expensive, let's say that ICANN should manually, recursively and continuously verify billions of domain that is registered until today, I can only assume that domain names will not cost 10 bucks anymore, probably 1 grand/year/domain.

    Anyway, alternative to ICANN form you can try contacting the administrative contact for .ws registrar:

    http://www.iana.org/domains/root/db/ws.html
    $1,000 a year? Well, first off, ICANN just controls domain names and is not responsible for distributing them, iIrc, VeriSign is responsible for .com and .net domains. It would really only cost maybe a dollar or two (even that is pushing it) per a domain to verify them.
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  23. #23
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    I noticed .ws was mentioned in several posts.

    Are some of these domains .ws ones?

    If so... I should mention that ICANN rules (about Whois etc) only apply to GTLD domains but not to ccTLD ones. Country code registries operate under national law (Western Samoa law in this case). ICANN gets a say in who runs country code registries, but not in how they are run. And you can't file a Whois data inaccuracy report for ccTLD domains.

  24. #24
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    You're not the registrant of the domain, so it's a matter of a wrongly addressed letter. You can simply return or discard it.

    Besides, the attorney obviously didn't spend much thought or time on the issue - why would you?

  25. #25
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    Quote Originally Posted by xnpu View Post
    You're not the registrant of the domain, so it's a matter of a wrongly addressed letter. You can simply return or discard it.

    Besides, the attorney obviously didn't spend much thought or time on the issue - why would you?
    The attorney went by what is in the Whois. What else should he have done?

    And no, unfortunately the OP can't simply ignore the letter (that's really bad advice you've given there!). The OP is the victim of identity theft. This is a criminal matter, which needs to be reported to the Police. And the OP needs to write back to the attorney with a copy of a document from the Police confirming that he has reported the identity theft.

    Under no circumstances should the OP ignore the letter, or return it.

  26. #26
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    Disclaimer: I'm not a lawyer.

    Quote Originally Posted by Lubeca View Post
    The attorney went by what is in the Whois. What else should he have done?
    Every time I do a whois query I see a long disclaimer telling me the information may not be accurate and is provided "as-is" and without any guarantee. That unreliable information is inconvenient for the attorney doesn't change that it's still just that: unreliable information. To threaten someone based on this information without so much as checking if the phone number works is unprofessional.

    Quote Originally Posted by Lubeca View Post
    And no, unfortunately the OP can't simply ignore the letter (that's really bad advice you've given there!).
    He sure can. That you think he shouldn't is a different matter and maybe you're right - I don't know.

    Quote Originally Posted by Lubeca View Post
    The OP is the victim of identity theft.
    Is he? Typically identity theft requires that the criminal obtains a "means of identification". I doubt that information you can get from the phonebook qualifies. It only looks like identity theft because the attorney thinks he identified someone - but he did so using a data source which is known to be unreliable and even qualified as such by its publisher.

  27. #27
    Quote Originally Posted by stub View Post
    You could always use Google Translate to translate your message into Chinese.
    I already did. I contacted "Cyber Police" in China at [email protected] although I am not sure if they really are the right police.

    In fact, just received most of the reported domains were REJECTED by ICANN'T for no good reasons and those domains are NOT deleted nor suspended! Here's one of the email that ICANN'T sent me:

    Dear Sir/Madam:

    ICANN appreciates you taking the time to complete a Whois Data Problem Report regarding the domain *****************.com. However, your complaint was rejected because the Whois inaccuracy claim was found invalid and the domain falls
    under one of the following categories:

    1. Client Hold: Domain is On Hold
    2. NOT FOUND: Domain is not existent
    3. Pending Delete, Domain Suspended or Deleted

    The Whois Data Problem Reporting System only forwards valid Whois inaccuracy
    complaints directly to the registrar for review.

    For further information on what is required of registrars upon notification
    of an inaccuracy in Whois data, you may wish to view the ICANN Advisory
    located online at http://www.icann.org/announcements/advisory-03apr03.htm.

    Kind regards,

    ICANN Services

    ========================================================

    Most or all domains were REJECTED this way! My Whois inaccuracy claim was found invalid!!?? I spent 20 hours on reporting just about 15-20 domains! There are ~75 of them right now that are using my identity! What's going on?

    I respond to their statement of reasons:

    1. Client Hold: Domain is On Hold - NO, IT IS NOT!
    2. NOT FOUND: Domain is not existent - DOMAIN EXISTS IN WHOIS!
    3. Pending Delete, Domain Suspended or Deleted - IT IS NOT SUSPENDED!

  28. #28
    Quote Originally Posted by Techno View Post
    If the domain portion of the registrant's email addy doesn't exist then you can register that domain and get the emails.
    It's googlemail.com or gmail.com.... but the first portion does not exist.

  29. #29
    Quote Originally Posted by Lubeca View Post
    I noticed .ws was mentioned in several posts.

    Are some of these domains .ws ones?

    If so... I should mention that ICANN rules (about Whois etc) only apply to GTLD domains but not to ccTLD ones. Country code registries operate under national law (Western Samoa law in this case). ICANN gets a say in who runs country code registries, but not in how they are run. And you can't file a Whois data inaccuracy report for ccTLD domains.
    Most are .COM domains and some are .NET and one so far is .BIZ

  30. #30
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    As Lubeca asked - can you confirm that these are gTLD domains? not ccTLD's? If they are the latter, ICANN won't do much for you and you'll have a better chance contacting the relevant organisation in that particular country.

    UPDATE: never mind - just saw your reply :-)

  31. #31
    Quote Originally Posted by xnpu View Post
    You're not the registrant of the domain, so it's a matter of a wrongly addressed letter. You can simply return or discard it.

    Besides, the attorney obviously didn't spend much thought or time on the issue - why would you?
    Because someone is using those domains for scams, fraud, spamming and shady deals, which damages my reputation. Perhaps it is done on purpose by someone more than just online spammers. Some quite good domains are registered and are put on my name and address and since the email and phone listed is non-existent, this smells like its being done on purpose to damage my reputation. Even ICANN seems to be involved since they rejected most of my applications (reports) and those domains remain registered and bearing my name and address. That is very much illegal, but perhaps we are now under FASCIST STATE?

    The attorney is an IDIOT or these are rather done on purpose.
    The attorney attacked me to injure by stating that I am THE REGISTRANT. The used attack language and not "perhaps sir you could be the registrant, would you confirm or reject for us please" tone. And please note again that the attorney sent the letter on Oct. 10 and gave me to respond until Oct. 17 which includes arrival of my letter to them by Oct. 17. I picked up their letter on the evening of Oct. 17. Perhaps it may have arrived on Oct 15 or so, but I check my mail once a week as I don't receive much mail every day. This is not clean.

  32. #32
    Quote Originally Posted by Lubeca View Post
    The attorney went by what is in the Whois. What else should he have done?

    And no, unfortunately the OP can't simply ignore the letter (that's really bad advice you've given there!). The OP is the victim of identity theft. This is a criminal matter, which needs to be reported to the Police. And the OP needs to write back to the attorney with a copy of a document from the Police confirming that he has reported the identity theft.

    Under no circumstances should the OP ignore the letter, or return it.
    There is a special intentionally designated space for attorney's signature, yet it was not signed by the attorney. Shouldn't attorneys hand-sign such letters, especially if there is clearly a signature field? By: _____________________________ (Attorney name)

    How do you report identity theft to your local police, if that theft has occurred in China? I reported it to China Cyber Police online. In the past I attempted to file such reports to my local, state and even federal police and FBI but they all refused to accept my reports stating it was the matter of (kick the ball further)....someone else, such as the police in another state, the police in another country or simply civil matter of small claims court. And I already have experience suing at Small Claims Court, which you end up paying say $80 + XX$ and then its impossible to collect even when you win the case. One police man even told me (he asked me to go outside of their police building into the fresh air for some reason) "Are you a senator? If not, why should we help you?" I am not kidding. This was around 2001 in Wilmington, NC when I received a letter with some white powder in it and all police did was they offered to take it and discard it for me. Talking about conspiracy! The Anthrax hoax was all that it was - a hoax on purpose. Even the police was instructed not to take it seriously!

  33. #33
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    Quote Originally Posted by NeonRider View Post
    As I already mentioned I contacted registrar, but there was no response, no action. Even the "registrar's" email address is weird:

    [email protected]
    [email protected]
    (and not [email protected] . com)

    I also suspect they do not understand any English.
    This suggests that Bizcn . com may be part of something called the Longtop Group:

    http://www.internic.com/registrars/registrar-471.html

  34. #34
    Quote Originally Posted by xnpu View Post
    Disclaimer: I'm not a lawyer.



    Every time I do a whois query I see a long disclaimer telling me the information may not be accurate and is provided "as-is" and without any guarantee. That unreliable information is inconvenient for the attorney doesn't change that it's still just that: unreliable information. To threaten someone based on this information without so much as checking if the phone number works is unprofessional.



    He sure can. That you think he shouldn't is a different matter and maybe you're right - I don't know.



    Is he? Typically identity theft requires that the criminal obtains a "means of identification". I doubt that information you can get from the phonebook qualifies. It only looks like identity theft because the attorney thinks he identified someone - but he did so using a data source which is known to be unreliable and even qualified as such by its publisher.
    DomainTools.com Terms:

    "You may not use the Site or any Services provided through or in connection therewith to: (a) defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;"

    I was threatened by an attorney and was attacked-to-injure threatening me with a fine of up to $100,000 per domain, although the attorney was writing only about one domain, he wrote "per domain" as if it was multiple domains.

    The attorney should have made more research and they should have not attacked me without being sure who the real owner (if any!) of the domain is (who PAID for it), but should have written in more benign, modest language. The attorney seems to be an Associate, young, inexperienced, and I will consider legal action against them for trying to injure an innocent person.

  35. #35
    Quote Originally Posted by xnpu View Post
    Disclaimer: I'm not a lawyer.



    Every time I do a whois query I see a long disclaimer telling me the information may not be accurate and is provided "as-is" and without any guarantee. That unreliable information is inconvenient for the attorney doesn't change that it's still just that: unreliable information. To threaten someone based on this information without so much as checking if the phone number works is unprofessional.
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  36. #36
    I already did. I contacted "Cyber Police" in China at [email protected] although I am not sure if they really are the right police.

    In fact, just received most of the reported domains were REJECTED by ICANN'T for no good reasons and those domains are NOT deleted nor suspended! Here's one of the email that ICANN'T sent me:

    Dear Sir/Madam:

    ICANN appreciates you taking the time to complete a Whois Data Problem Report regarding the domain *****************.com. However, your complaint was rejected because the Whois inaccuracy claim was found invalid and the domain falls
    under one of the following categories:

    1. Client Hold: Domain is On Hold
    2. NOT FOUND: Domain is not existent
    3. Pending Delete, Domain Suspended or Deleted

    The Whois Data Problem Reporting System only forwards valid Whois inaccuracy
    complaints directly to the registrar for review.

    For further information on what is required of registrars upon notification
    of an inaccuracy in Whois data, you may wish to view the ICANN Advisory
    located online at http://www.icann.org/announcements/advisory-03apr03.htm.

    Kind regards,

    ICANN Services

    ========================================================

    Most or all domains were REJECTED this way! My Whois inaccuracy claim was found invalid!!?? I spent 20 hours on reporting just about 15-20 domains! There are ~75 of them right now that are using my identity! What's going on?

    I respond to their statement of reasons:

    1. Client Hold: Domain is On Hold - ACTUALLY, IT IS ON HOLD, BUT IT STILL APPEARS ON WHOIS AND UNTRAINED EYE WILL NOT FIND "ON HOLD" STATEMENT SINCE IT IS IN ANOTHER FOLDER)
    2. NOT FOUND: Domain is not existent - DOMAIN EXISTS IN WHOIS!
    3. Pending Delete, Domain Suspended or Deleted - IT IS NOT SUSPENDED!

  37. #37
    Just noticed someone updated the name and address to another guy, with a fake address as well, since the city does not match the state and the zip. The "new" phone they just posted on ALL domains is "disconnected or no longer in service!"

    Now another sizif's work for me is to visit all the forums where I was being called a scammer (or similar) and ask them to remove all those posts!

    BIZCN(dot-com), Inc. registrar must be kicked out by Internic-ICANN!

    Still, I must find out who does all this and sue them, even if they are in China.

    I doubt that ICANN will go after BIZCN, Inc. registrar (let alone the criminal who does this!) as long as no "registrant" or "lawyer" complains about it!

    I hope the "Cyber Police" in China is a real one and will take my complaint seriously!
    Last edited by NeonRider; 10-19-2011 at 03:32 PM.

  38. #38
    I wrote to the attorney and asked them for a written apology letter.

  39. #39
    Guess what else? Since the email on the whois record is non-existent, how did the criminals find out I was reporting them yesterday? Somehow they were informed either by ICANN or by BIZCN (yet I did not contact BIZCN!!) and all they did was they replaced my name and address with another fake address and fake phone (I just verified it is out of service) and fake email address! Now I suspect this BIZCN, Inc. "registrar" (approved by ICANN!!!)must be the criminals themselves! And that makes ICANN look less than reputable as well! Since BIZCN was doing this at least since 2008-2009 and I am sure that ICANN must have been informed by someone else about BIZCN's activities years ago and yet did nothing to stop their shady practices! These companies and corporations and even entire countries have no respect, no self-respect and no dignity!
    Last edited by NeonRider; 10-19-2011 at 03:56 PM.

  40. #40
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    There is no conspiracy here.

    It's normal for spammers to change the address in their whois record to avoid being tracked down. Normally it's easier to use an address that really exists instead of trying to make up a fake one. Especially if they are unfamiliar with the address layout for the country they are pretending to be in.

    I think ICANN pass complains to the registrar. So the domain registrant doesn't need a valid email address in the whois to be notified. The registrar likely has other means of contacting their client.
    I could tell you a joke about UDP. But I'm not sure you would get it!

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