Registrar employees or reps please respond How would you have handled it?

With the ongoing situation with Brent Oxley and the lockdown of his domain names it's important for domain investors to know how other registrars would act, so please let the community know if given the same situation, what your company would have done? silence will be very telling.

@Dynadot
@namedotcom-jon
@epik
@sav
@Ross from Porkbun
@Mike Robertson Fabulous
@namesilo

Any any other registrar reps that are on Namepros

 

@Rob Monster

One of the few registrar CEOs on Namepros

He’s been pretty straightforward, what believes

Thanks Rob! Always feel my DNs safe wit you!

Samer

 

This one would be a pretty easy call. The registrar's job is to protect the registrant within the bounds of the law. There was no court order. A similar principle was applied here:

https://www.epik.com/blog/why-i-stood-up-to-legitscript.html

Similar case here:

https://www.namepros.com/threads/legitscript-and-name-com-holding-domains-hostage.1141035/

If there is no court order, there is no justification to encumber or impair a domain being used within the boundaries of terms of service.

I don't claim to know all the facts surrounding why Godaddy opted to lock Brent's domains, or threaten to "delete" domains worth $10 million, but it surely looks peculiar.

There are times when the pressure and pain from a determined complainant can be so vigorous that it would be easier to relent. However, that is not what registrars are hired to do. We are hired to stand.

 

Great idea, but also the representatives who reply please attach a link to your TOS where it shows exactly the rules related to this subject, so that it will not be just a thread like 'we are good, godaddy is bad', you need to prove it.

 

Thanks @equity78

Adding @SlackJawedYokel from Porkbun as well.

Here's the link to the ongoing thread https://www.namepros.com/threads/br...ions-of-dollars-worth-of-his-domains.1230431/

 

@Rob Monster

Thanks for the quick reponse!

I would also like to know
will you lock or transfer a US, CN or GB restrant's domains upon an India, Nigeria or Turkey court order?

 

These things are reviewed on a case by case basis.

In general, we enforce court orders, and don't enable lawlessness. We are not a safe harbor for registrants who are lawless, or engaged in criminality.

However, for a civil case where the registrant convinces us that the case without merit and where they have filed appeal, there is a good chance we would not lock a domain.

The same applies to UDRP -- if we see a UDRP decision and a registrant is filing a civil action to challenge the result, the domain stays.

Ultimately, there is due process and rule of law. The court orders should not be ignored but if registrants are working in good faith to defend their property rights, we'll work with them.

 

Jurisdiction refers to the power of a state to affect persons, property, and circumstances within its territory. It may be exercised through legislative, executive, or judicial actions. International law particularly addresses questions of criminal law and essentially leaves civil jurisdiction to national control.

 

I have had three people ask me why their favorite registrar is not responding? One person asked how can any registrar not be up on this case?

 

Well it looks like some haven't logged on here in a while and @sav is not Sav's account it's @Nick R

 

I agree a few had not logged on for a bit I just added the tags, you would hope some are monitoring, many believe GoDaddy should have a team here, so I kind of think every registrar should have someone do a daily look at least.

 

EasyDNS, a registrar based in Canada, wrote some good articles in their blog. I think they have NP account but do not use it, so, for the sake of completeness:

Whatever Happened to "Due Process" ?

https://easydns.com/blog/2013/10/08/whatever-happened-to-due-process/

Verisign punts: easyDNS To Appeal Decision of "No Decision"

https://easydns.com/blog/2013/11/26/verisign-punts-easydns-to-appeal-decision-of-no-decision/

First they came for the file-sharing domains…

https://easydns.com/blog/2010/11/27/first-they-came-for-the-file-sharing-domains/

NABP to Registrars: You Must Takedown and Seize Any Domain We Tell You To

https://easydns.com/blog/2014/01/10...takedown-and-seize-any-domain-we-tell-you-to/

The Official easyDNS Domain Takedown Policy

https://easydns.com/blog/2012/02/21/the-official-easydns-domain-takedown-policy/

 

I don't think anyone silence is telling anything. You know of messy law suits nobody needs to give their 2c right now. I appreciate the monster responded but he didn't have to.

 

Maybe @Internet.bs could comment as well since someone mentioned in the Oxley thread that they are a safe choice for registrants.

 

They do, but not frequently. They're a service provider first. A great one I may add.

@easyDNS

Great blog to follow.

 

Thank you for the tag.

At NameSilo, we review these types of situations on a case by case basis. It's difficult to comment confidently without knowing all the surrounding details, but as a US based registrar, we would request the Indian Court to work with their US counterpart and bring this civil court case there. In these types of situations, we typically work with the relevant stakeholders to understand the situation and act accordingly.

We aim to protect our customers where and when possible. However, we do also enforce legitimate court orders. Also, we would allow the registrant time to appeal their case and honor their rights to due process, as we do with UDRP cases.

 

I actually meant to post this here not in the Oxley topic

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A Canadian Registrar Canspace.ca just chimed in...

NOTICE THE PART ABOUT A CANADIAN COURT

Time to actually do it and move out of godaddy at next renewal.

 

Are they ICANN accredited? Can't find them.

 

From the other thread; moniker ;

 

@MapleDots what a good jurisdiction you live in
This part is of particular interest:

DMCA Concerns:
One of the largest reasons that Canadians have always chosen Canadian hosting providers (and in fact why many American and other worldwide clients also choose Canadian hosting providers) is the DMCA. There are countless stories of FBI agents raiding datacenters and seizing servers which contain allegedly illegal content. While we of course have no issue with illegal sites being shut down, the issue is that machines used as web hosting servers often have multiple sites hosted on them, the vast majority of which may have nothing to do with the alleged illegal content - meaning that if a server is seized by an overly broad DMCA claim, your completely legitimate site could be taken along with it. Compounding this is the fact that American web hosting providers have at times complied with completely illegitimate DMCA takedown requests.

Choosing a Canadian web hosting provider can mitigate this risk as Canadian web hosting providers are not required to immediately comply with DMCA takedown requests - meaning we have a chance to review the claim and if necessary isolate the site in question from our other clients. Even when the issue makes it to the courts, Canadian courts have a long history of denying overly broad search and seizure request brought about by the DMCA. For example, in 2012, an Ontario court outright rejected a DMCA search request stating that "that there is an enormous volume of information on the servers and that sending mirror image copies of all of this data would be overly broad, particularly in light of the scantiness of the evidence connecting these servers to the crimes alleged by the American prosecutors" (source: Michael Geist).

Source:
https://www.canspace.ca/why-choose-a-canadian-web-hosting-provider.html

Actually, this company does not seem to be included into
https://www.icann.org/registrar-reports/accreditation-qualified-list.html
- are they reselling GTLDs? From what registrar?

@MapleDots are there any other reputable Canadian *gtld* registrars you could recommend (or to avoid) in context of this thread? Except CanSpace, thank you for this link, also for hosting - definitely something to consider! From ICANN list, Tucows and EasyDNS are familiar, another one appears to be associated with Domain Registry of America (transfer spams / scams) - needs to be rechecked... But there are a few more...

 

Exactly why I was asking. It's easy to talk the talk when you're selling ccTLDs

 

I am calling on more Canadian registrars to officially respond and I know one who is icann accredited that is certain to respond in the same way.

In fact our ccTLD provider CIRA runs the registry for a number of other countries because Canada is considered a safe haven.

I will try to post more but I think the namesilo response is indicative of what you are going to see from US companies while the canspace response is indicative of what you will get from canadian registrars.

I will dig some more and post back but Canada is your friend and close neighbor.
Easy to get to if legal is involved and more protection from these take down orders.

 

PS.

I hear Epik is coming to Canada soon too so that might be an option to not only be with Epik but have them host on Canadian soil if you want.

 

True. Thanks for sharing. Didn't they start providing registry services for .ie quite recently?

 

Yes

https://www.cira.ca/newsroom/regist...reaches-new-milestone-completion-ie-migration