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[comments-whois] On bulk access WHOIS data for marketing purposes

With respect to the recommendations tendered on bulk access WHOIS data for 
marketing purposes, let me begin by stating that I am not a lawyer but that I 
am inclined to believe that these recommendations may potentially raise 
anti-trust issues.

The current Task Force recommendation on Bulk Marketing reads:
"Registrar's access agreement shall require the third party to agree not to 
use the data to allow, enable, or otherwise support any marketing activities, 
regardless of the medium used. Such media include but are not limited to 
e-mail, telephone, facsimile, postal mail, SMS, and wireless alerts."

In the United States, the Sherman Act states:

"Every contract, combination in the form of trust or otherwise, or 
conspiracy, in restraint of trade or commerce among the several States, or 
with foreign nations, is declared to be illegal." 

By mandating that ICANN accredited registrars must deny to domain name 
resellers and others the opportunity to purchase that which was formerly 
available for marketing purposes, this task force recommendation may be 
acting in restraint of commerce.

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