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YOU ALL ARE VULNERALBLE: Forum Shopping for Favorable Domain Hijacking
Czech "Court" Proposal For Expedited Domain Dispute Process
Webwork




msg:4041068
 12:31 am on Dec 11, 2009 (gmt 0)

Want to make money? Quick, easy money? Offer Domain Dispute Resolution Services. Offer the speedy, low cost version.

You want to lose a domain? The one that exists FOR YOUR WEBSITE?

No, I'm not talking about cybersquatters.

I'm not talking about parked domains.

I'm talking about ANY domain soon becoming a potential target of international domain dispute forum shopping.

Pick a forum -> File -> Who worries about proof of service/notice, this is the EXPEDITED PROCESS (EMail Notice Only) -> "HEY! LOOK! IF I send my notice email from Notice@SomeRussianORChineseDomain.ccTLD the poor dumb sucker . . err, supposed recipient NEVER receives it because it's blocked by a blacklist maintained by the poor dumb suckers ISP!"

[forum.icann.org...]

[forum.icann.org...]

 

Simsi




msg:4058727
 12:02 am on Jan 12, 2010 (gmt 0)

Pick a forum -> File -> Who worries about proof of service/notice, this is the EXPEDITED PROCESS (EMail Notice Only) -> "HEY! LOOK! IF I send my notice email from Notice@SomeRussianORChineseDomain.ccTLD the poor dumb sucker . . err, supposed recipient NEVER receives it because it's blocked by a blacklist maintained by the poor dumb suckers ISP!"

Sorry Webwork, but I didn't understand a word of that LOL. I'm guessing that what you're saying is that if I own an IDN I can't send emails to anyone because they will be blocked? But why would I lose my domain...? I'm lost.

/EDIT: Ah wait...if a dispute resolution service asks me for an email to prove I own it they will never receive it! Have i got it?

reprint




msg:4058756
 1:37 am on Jan 12, 2010 (gmt 0)

I believe it works as follows

Someone files an expedited claim on your domain name
A notification of the claim is sent (from the claim filer or domain dispute resolution company?)
Trick would be to send that email from an obscure address that is sure to be blocked by an ISP so the domain holder never gets the email.
After the allotted wait time, the claimant legally gets the domain

Is this correct? Can the claimant be the same as the one offering the domain dispute resolution services? Not that they couldn't cooperate for a split of the profits.

If so, it is ridiculous. What I dont know is what qualifies a person to offer domain dispute resolution services?

willybfriendly




msg:4058822
 4:00 am on Jan 12, 2010 (gmt 0)

So, with a fair degree of regularity I get emails purportedly from HK or China claiming to be domain dispute agents and giving me a list of names alegedly up for registration over there.

How is one to separate the chaff from the wheat if this gets adopted?

Webwork




msg:4059384
 10:12 pm on Jan 12, 2010 (gmt 0)

This latest manifestation of "all nations are equals" thinking is a BIG reason why U.S. (Commerce Committee) oversight of ICANN remains essential.

When it comes to administering justice all nations are NOT equals. Some have reputations that are downright and justifiably scary.

IF any country can play host to domain dispute procedures you . . WILL . . find yourself subject to proceedings that you will find . . outrageous, costly, wasteful, threatening - repeatedly.

I know how the game called "forum shopping" is played in so-called civilized countries, but in such countries there are layers of oversight and other processes that can make such efforts an expensive temporary advantage.

What if the entire system is . . doubtful?

WORSE: Do you understand that the only "appeal" from a mal-formed arbitration decision is to file a legal action in a court of competent jurisdiction, i.e., often a U.S. District Court?

Man, this is a real sleeper, a sort of malevolence in waiting that once it decides to go viral the number of grievances will skyrocket.

Let nations decide hearings related to their ccTLDs. Other than that the expansion of "hearing authority" is or out to be downright frightening to EVERYONE using a .Com, .Net, .Org domain for their website.

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