Relationship between domain names and websites, and the implication for disputes over the content of a website
Hello All, I thought it might be useful to explain some of the issues associated with removing offending content (e.g for phishing sites). As a registrar, Melbourne IT often gets complaints about the content on a particular website. A website exists on a particular computer (or computers). Normally when we receive a complaint about website content, we refer the complainant to the technical operator of the website (as opposed to the party responsible for the website content). Usually this is a webhosting company. Often the web hosting company will have terms and conditions that may relate to the content of the website, and may remove the website (or suspend the relevant customer account). Note that the web hosting companies generally do not publish any information on the party responsible for the content of a particular website. A domain name can act as an identifier that links to a website. The deletion of the domain name does not remove the website content. It is relatively easy to create a new domain name and link to the same website content. It is also relatively easy to have links in SPAM email that use IP addresses rather than domain names. When a website is removed, it is also common for a Registered Name Holder to change the configuration of the domain name records so that the domain name can reference another computer hosting the same website content. So removal of one website may not solve the problem. Commonly when a domain name is being used to link to an obviously inappropriate website (e.g for phishing), the details provided by the Registered Name Holder are false. Thus we will also often use the WHOIS data complaints process, to request that the contact information be corrected. Where the contact information is not corrected we may delete the domain name. Note also that the email address used to register a domain name often does allow contact with the Registered Name Holder (e.g via free email address), whereas the name and postal address displayed is often from a stolen identity. We often get calls from people that are listed in the WHOIS for a particular domain name (they in turn have received complaints about the use of the domain name), and they have nothing to do with the domain name. We treat this as instances of false WHOIS information, and thus take the appropriate action. So in summary, dealing with content issues typically requires a combination of steps that relate to the domain name as well as the website. While ICANN's mission only relates to identifiers (e.g domain names and IP addresses) and not content, I believe that other national and international forums should be established for addressing the more general content issues of phishing and SPAM. Regards, Bruce Tonkin Registrar rep on GNSO Council
participants (1)
-
Bruce Tonkin