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Law enforcement push for stricter domain name rules

Law enforcement push for stricter domain name rules

By:  Jeremy Kirk  On: 17 Mar 2010 For: IDG News Service (London Bureau) Creator

The U.S. FBI and Britain’s Serious Organised Crime Agency have submitted a set of recommended rules for Internet registrars to the Internet Corporation for Assigned Names and Numbers. The move stems not only from trademark disputes and cybersquatting but also concern over phishing and botnets.

Some registries already have strong rules for their registrars. Nominet, which administers the country-code ".uk" domain names, doesn't allow the use of privacy services for domain name registrants, although it does allow registrants to mask their real address from the WHOIS, said Nick Wenban-Smith, senior legal counsel.

Nominet is different from other registries. It is a country-code registry and is autonomous from ICANN. Its registrars don't have be accredited by ICANN but by Nominet, which has a different RAA.

Nominet requires its registrars to obtain accurate information. Nominet is also what's known as a "thick" registry in that it also keeps all of information around domain name registrations collected by its registrars, which also helps for law enforcement and verification purposes, Wenban-Smith said. "Thin" registries don't keep that information, which is held by their registrars.

The system isn't perfect, but Nominet is able to keep tighter control over domain names, Wenban-Smith said. Nominet has at times booted registrars that haven't been able to live up to the RAA, he said.

The country-code top-level domain registry that administers ".eu" -- Eurid -- has one to two staff members that check for malicious domain name registrations from its registrars, said Herman Sobrie, legal manager for Eurid.

Eurid does require its registrars to verify certain data, but "even if we add more obligations to the list, there will always be some registrars that aren't all that vigilant in their checks," Sobrie said.

"We are always evaluating new ways of ensuring the accuracy of the information in the WHOIS," Sobrie said.

But the problem with ICANN and its gTLD registries is not likely to be solved soon, said Josh Bourne, president of the Coalition Against Domain Name Abuse, which focuses on cybersquatting, a practice in which similar domain names are registered that could be mistaken for a legitimate company's Web site.

ICANN has launched initiatives in the past in regards to the WHOIS but the problems persist. Registrars oppose having more restrictions placed on them, but law enforcement is frustrated, Bourne said.

"They are ineffective in their duty because they can't find the criminals," Bourne said.

 










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jeremy kirk Jeremy Kirk is a contributor to the International Data Group (IDG) News Service, which publishes global technology stories from bureaus around the world to more than 300 publications in more than 60 countries.
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