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Re:European regulators reject latest proposal by ICANN over ... by kalleboo on Sunday July 08, 2018 @11:01AM (#17484083)
Apparently enough phishers/spammers are actually dumb enough to not use whoisguard

https://www.recordedfuture.com/whois-gdpr-icann/

The reason that security researchers have had success with using WHOIS data is twofold. The first is that many attackers, even sophisticated attackers, have had poor OPSEC (operational security) when it comes to registering domains. A surprisingly large number of attackers simply didn’t bother to take steps to hide their identity or create unique, fake aliases when registering domains. Spammers were notoriously bad at hiding their identity, making it easy to identify newly registered domains as belonging to a known spammer and immediately adding it to block lists and real-time blackhole lists (RBLs).

Secondly, even attackers who realized their mistake and changed the WHOIS information of their domains after the fact, or added privacy services to the domain, were out of luck because certain companies, such as DomainTools, keep track of historical WHOIS data, and researchers could easily see the original WHOIS information.

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