Executive Summary
This Advisory considers the opportunity for a party with some form of insider information to track an Internet user’s preference for registering a domain name and preemptively register that name. SSAC likens this activity to front running in stock and commodities markets and calls this behavior domain name front running. In the domain name industry, insider information would be information gathered from the monitoring of one or more attempts by an Internet user to check the availability of a domain name.
When the domain name of interest for which an availability check is made is registered shortly after such a check, the individuals making the availability check may reasonably assume that the organization operating the web site or service they used to determine the availability of the name preemptively registered the name. Registrants have filed complaints with ICANN, registrars, and with Intellectual Property attorneys that suggest domain name front running incidents may have occurred. SSAC does not yet have any hard data to draw conclusions regarding the frequency (if any) of the occurrence of domain name front running.
SSAC acknowledges that a perception exists within the community that monitoring or spying is taking place when would-be registrants check the availability of a domain name. Much of the information presented before SSAC regarding domain name front running is anecdotal and incomplete.
