Not in the Domain of the Courts…Nominet decisions about abusive domain name claims cannot be challenged in court

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See article from publicaffairs.linx.net

The High Court has ruled that decisions made by Nominet’s dispute resolution service (DRS) may not be appealed in the courts, in cases concerning accusations of abusive domain name registration. The court held that the registration contract did not leave a role for the court, as abusive registration is a term that only has meaning within the context of the Nominet DRS and cannot itself be the cause of legal action before the courts. The judgement overturns the ruling of the Patents County Court in a dispute between Michael Toth, who registered the domain name emirates.co.uk in 2002, and the Emirates airline, which later sought and gained possession of the domain name through Nominet’s dispute resolution service. Toth successfully appealed to the Patents County Court for a declaration that the domain name was not registered abusively. However, the case was subsequently appealed in the High Court, which last week ruled that the such cases cannot be appealed in the courts. The DRS and Procedure put in place a regime in which the question of abusive registration is one for, and only for, the Expert appointed under the DRS.

Dominion over Domains…UK follows the US lead and seizes domain of site accused of copyright violation

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See article from zdnet.com

The UK’s Serious Organised Crime Agency (SOCA) has seized the domain of a popular music blog in the style of a U.S. Department of Homeland Security domain name seizure. The RnBXclusive blog in question was running from a .com domain name, seemingly outside of British jurisdiction. Rackspace hosted the content in question, and its domain was registered with GoDaddy; both are U.S. companies. The site now just carries a threatening page including the message: If you have downloaded music using this website you may have committed a criminal offence which carries a maximum penalty of up to 10 years imprisonment and an unlimited fine under UK law. In speaking to GoDaddy, a spokesperson confirmed that the company had a presence in the UK, as has Rackspace. This seems to be enough for the UK authorities to demand a domain take down.

Police Take the Law into their Own Hands…Authorities persuade Nominet to consider taking down websites without judicial oversight

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See article from openrightsgroup.org

Nominet has been suspending domain names at the mere request of law enforcement agencies, without a fair trial. While most of these sites have been dodgy, some should not have been removed. This loophole in the justice system could be exploited and mistakes are inevitable, leading to deliberate or accidental censorship. Despite ORG’s demands that transparency and evidence remain the foundation of any policy, law enforcement agencies have refused to budge. They say they lack the resources and powers to use the courts. ORG, ISPA and LINX all announced that they were unable to support the initial Nominet Issue Group statement. It is incredibly important for justice to be transparent and open to all. Nominet have asked the Issue group for a further meeting, where ORG will explain why using the courts is a vital safeguard. Search engines asked to help with copyright censorship In addition to the discussions about a new, faster website censorship plan, Ed Vaizey is now also hosting roundtables between copyright owners and search engines. The aim is to tell search engines to do more to stop infringement by blocking, promoting or demoting certain sites. Just like previous discussions about website censorship, these proposals have no basis in evidence, come seemingly at the say so of rights-holders, with no involvement from civil society. We’re urgently looking to tell DCMS why private policing of the Internet is a bad idea. We have been invited to the next round of discussions: tomorrow, with minister Ed Vaizey. This is a big win for you and ORG. Now we can try to open the process up to everyone.

Back in the Domain of Courts…Nominet develops its domain takedown powers to provide defences against over zealous police

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See article from theregister.co.uk

Nominet is consulting and developing its procedures for taking down internet .uk domains when presented with claims of them being used illegally. Under the latest changes, Nominet will be able to deny a site suspension request unless police provide a court order or the site is accused of putting the public at serious risk. Early draft recommendations came in for criticism because police would be able to instruct Nominet to take down unlimited numbers of domains without a court order. Following previous coverage, many El Reg readers were outraged that the proposals didn’t seem to do enough to protect ordinary .uk owners from over-zealous cops. The new draft recommendations state that should a suspension notice be objected to by a domain’s registrant, Nominet would be able to consult an independent expert, likely an outside lawyer, before deciding whether to ask police for a court order. A new revision also draws a distinction between serious cases of botnets, phishing and fake pharmaceuticals sales, which pose an imminent risk to internet users, and cases of counterfeiting, which are perhaps not as risky. Nominet would draw a distinction between the two scenarios. If it received a suspension request relating to a low risk crime, such as alleged counterfeiting, it would have to inform the registrant, giving them an opportunity to object and/or rectify the problem, before it suspended the domain name. The policy has stated in all drafts that it would not be applicable to private complainants, such as intellectual property interests, and that hasn’t changed. We’re excluding all civil disputes, Blowers said. If the MPAA [for example] wanted to bring down 25,000 domains associated with online piracy, that would fall outside of this process. The policy has also been tweaked with respect to free speech issues. To take down an overtly racist or egregiously pornographic site, Nominet would not suspend the domain name without a court order. The recommendations are still in draft form but it is intended that the final version will be implemented early in 2012.

A Bitter Pill…Nominet closes down 500 UK websites over allegations of selling counterfeit pharmaceutical products

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See article from publicaffairs.linx.net

Nominet has suspended 500 .uk domains as part of an international operation to close down websites selling counterfeit pharmaceutical products. Almost 13,500 websites worldwide were suspended as part of Operation Pangea IV, an Interpol coordinated effort which resulted in the seizure of more than 2.4 million pills. Nominet acted to suspend the .uk domains following a request from The Medicines and Healthcare products Regulatory Agency (MHRA) and the Police Central e-Crime Unit. Eleanor Bradley, Nominet’s Director of Operations, said that the sites were in clear breach of Nominet’s terms and conditions, due to their owners having provided fraudulent WHOIS details.

Serious Censorship Powers…Nominet recommend that police be given wide power to shut down websites used for ‘serious’ crime, a label which covers many minor crimes too

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See article from theregister.co.uk

UK Police could get new powers to suspend internet domain names without a court order if they’re being used for illegal activity, under rules proposed by .uk registry manager Nominet. A Nominet volunteer policy team has recommended the creation of an expedited process for shutting down addresses when the police say the urgent suspension of the domain name is necessary to prevent serious and immediate consumer harm. The proposed rules, if adopted, would apply to any address ending in .uk. Shutting down a domain name effectively shuts down the associated website and email. In order for a domain to be grabbed under the policy, a law enforcement agency would have to file a declaration with Nominet that a seizure would be proportionate, necessary, and urgent. Police would not need to seek court approval, however, in order to have a site taken down. Domains being used to commit any of an extremely long list of crimes covered by the Serious Crimes Act 2007, eg counterfeiting, fraud, prostitution, money laundering, blackmail and copyright infringement, would be eligible for seizure under the policy. The policy recommendations envision an explicit exception for cases where freedom of expression is at stake. There would also be an appeals process and a periodic policy review. The latest Nominet recommendations are still open for comment. See consultation details at nominet.org.uk

Debate in the Public Domain…Debating police and Nominet powers to shut down websites at the domain registry level

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See article from bbc.co.uk

Police plans to shut down web domains are to be debated in public. In November, the Serious and Organised Crime Agency (SOCA) tabled a plan to give such powers to Nominet, which oversees the .uk domain. SOCA wants the power formalised as Nominet has no obligation to shut domains found to be used by criminals. Those who want to take part are being asked to put their names forward by 23 February at the latest. Nominet said earlier that it wanted to create a balanced group of stakeholders that would talk over the policy and its implications. A decision on who will be in the group will be taken by 2 March, said Nominet, and it is expected to have its first meeting later that same month.

In the Domain of Censors…Nominet to block UK internet domains on police request

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Based on article from theregister.co.uk

Police will effectively get more powers to censor websites under proposals being developed by Nominet, the company that controls the .uk domain registry. Following lobbying by the Serious and Organised Crime Agency (SOCA), Nominet wants to change the terms and conditions under which domain names are owned so that it can revoke them more easily in response to requests from law enforcement agencies. The changes will mean that if Nominet is given reasonable grounds to believe [domains] are being used to commit a crime it will remove them from the .uk registry. Nominet said: There are increasing expectations from Law Enforcement Agencies that Nominet and its members will respond quickly to reasonable requests to suspend domain names being used in association with criminal activity and Nominet has been working with them in response to formal requests. At present, there is no specific obligation under Nominet’s terms and conditions for owners to ensure their domain names are not used for crime. Despite this, last December, at the request of the Met’s Police Central e-Crime Unit (PCeU), Nominet revoked the domain names of 1,200 websites it said were being used to sell counterfeit designer goods. For legal cover, it claimed the owners breached their contracts by supplying registars with incorrect details. Plans for more such action, which was taken without any court oversight, are likely to raise concerns over the potential for increased censorship online. Last week, for example, the PCeU contacted the ISP hosting Fitwatch, a website the Met alleged was offering supposedly illegal advice to student protestors, and had it taken down. Mirror sites and copies of the information it carried quickly sprang up across dozens of hosts, making the attempted censorship ineffective. By working through Nominet, however, it would be much easier for police to centrally block such efforts by revoking the domain name of any website republishing the allegedly illegal information. Apparently aware of such concerns, Nominet said it will consider creating an appeals process, and that it will only act if the incident was urgent or the registrar failed to comply [with a police request to revoke a domain name].

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As the government get their hooks into the internet, then surely domain name seizure will become the number one weapon Based on article from dailymail.co.uk See also ihateryanair.org

A website set up to criticise Ryanair has been shut down by an internet censor on a technicality about earning the owner a small sum of money. The founder of IHateRyanair.co.uk – whose strapline was The World’s Most Hated Airline – was forced to surrender the web address after the budget carrier complained to the domain name dispute resolution service. The UK internet domain controller Nominet, ruled that the stinging criticism and passenger horror stories published on the site were not sufficient grounds for it to be scrapped. I Hate Ryanair website …HOWEVER… it ruled that a small profit made by Robert Tyler from sponsored links on the site meant he abused domain name rules. Disgruntled passengers’ comments have filled the pages of the website since it was set up three years ago by Tyler. Ryanair complained that the site took unfair advantage of the brand’s name and claimed it hosted damaging and defamatory articles including false comments about its safety, maintenance and operating standards. It featured free links to rivals British Airways and Virgin Atlantic under the heading Sites we like. From January to May 2010 it also displayed commercial links to third party sites offering travel insurance and foreign currency, which earned Tyler a £322 profit. Tyler argued that while Ryanair has some goodwill and reputation in legal terms, it has also built up substantial dissatisfaction over its services. It has become synonymous with trying to obtain maximum money from customers using unappealing revenue generating techniques, he added. Nominet Adjudicator Jane Seager claimed the links to third party websites that earned Tyler money were problematic. [He] only earned money because of the traffic to the website, and such traffic must have been influenced by the domain name. Tyler had effectively taken unfair advantage of Ryanair’s rights in order to gain a financial advantage and therefore should forfeit the domain name, she said. The website has now found a new home at http://www.IHateRyanair.org

Internet censor justifies ‘I Hate Ryanair’ domain removal over a tiny income

As the government get their hooks into the internet, then surely domain name seizure will become the number one weapon Based on article from dailymail.co.uk See also ihateryanair.org

A website set up to criticise Ryanair has been shut down by an internet censor on a technicality about earning the owner a small sum of money. The founder of IHateRyanair.co.uk – whose strapline was The World’s Most Hated Airline – was forced to surrender the web address after the budget carrier complained to the domain name dispute resolution service. The UK internet domain controller Nominet, ruled that the stinging criticism and passenger horror stories published on the site were not sufficient grounds for it to be scrapped. I Hate Ryanair website …HOWEVER… it ruled that a small profit made by Robert Tyler from sponsored links on the site meant he abused domain name rules. Disgruntled passengers’ comments have filled the pages of the website since it was set up three years ago by Tyler. Ryanair complained that the site took unfair advantage of the brand’s name and claimed it hosted damaging and defamatory articles including false comments about its safety, maintenance and operating standards. It featured free links to rivals British Airways and Virgin Atlantic under the heading Sites we like. From January to May 2010 it also displayed commercial links to third party sites offering travel insurance and foreign currency, which earned Tyler a £322 profit. Tyler argued that while Ryanair has some goodwill and reputation in legal terms, it has also built up substantial dissatisfaction over its services. It has become synonymous with trying to obtain maximum money from customers using unappealing revenue generating techniques, he added. Nominet Adjudicator Jane Seager claimed the links to third party websites that earned Tyler money were problematic. [He] only earned money because of the traffic to the website, and such traffic must have been influenced by the domain name. Tyler had effectively taken unfair advantage of Ryanair’s rights in order to gain a financial advantage and therefore should forfeit the domain name, she said. The website has now found a new home at http://www.IHateRyanair.org