According to a report in hawaiinewsnow.com, one domain name registration, universityofhawaii.xxx, has the University of Hawaii asking legislators to toughen laws to make it easier to go after website operators who “fraudulent use domain names.
In a story a couple of days ago the University of Hawaii (UH) is none to happy that someone registered universityofhawaii.xxx and put up some porn on the domain and is trying to sell the domain name on eBay.com for $100K.
The UH has already threatening the porn web site operator with legal action if it doesn’t stop using the school’s name as its domain name and has given the site until Friday to stop using its name or the university has threatened to file a suit a federal suit.
Now “UH wants lawmakers to consider amending a bill on unauthorized computer use to include fraudulent use of Internet domain names.”
“We believe that individuals who willfully and purposely attempt to profit through misleading the public by misrepresenting governmental organizations should also be held accountable as the wrongdoers they are,” wrote University of Hawaii President M.R.C. Greenwood in written testimony to the State Senate Committee on Economic Development and Technology.”
“The committee’s chair, State Sen. Carol Fukunaga, said Wednesday she planned to work with the university to amend the bill to incorporate UH officials’ concerns.”
“One approach might be to update Hawaii’s decade-old statutes on ‘cybersquatting’ to include the fraudulent use of domain names, such as the kind of malicious representation we are now seeing.”
“I think it’s important to us that people who try to besmirch us don’t get to do it without some penalty,” Greenwood said.
It would be yet another attempt by the state to regulate the Internet.
However there is an old saying in the legal profession that basically says bad facts make bad law.
In this case, it could only take one domain name registration for a state to impose criminal and/or civil sanctions on those who register domain names.
Aloha and mahalo. The process is already in place: use the UDRP process to tackle such issues. Obviously, then publicize the results so that the practice gets fewer followers.
With regards to Ms. Fukunaga, what an unfortunate name.
no way random tld extensions are going to roll out anytime soon… what a huge pain this is going to be… banks with spoof emails, etc..
Ron
This bill would apply to all TLD including existing one’s like .com
No new gTLD this year.
Next
Doesn’t ICM/.xxx have an administrative takedown procedure for situations like this? On top of that, there are UDRP and ACPA options.
Of course, legislators only get press coverage out of proposing new laws, even when unnecessary and redundant.
Acro
Yes there is a process in place (UDRP) but that doesn’t mean states or the feds won’t add civil or criminal process that carries harsher penalties.
Of course the UH might skip the UDRP which is their right and file a Federal suit (at least that is the way the story reads) and go for the $100K in statutory damages plus attorney fees
Mike – Yes, that option is there as well. But why add other ‘tweaks’ that are based off a single incident? They might as well implement ‘precrime’ e.g. the notion of registering a domain that somehow allegedly infringes on a obscure mark would be considered punishable instantly. Hey, that’s DomainGang material 😀
Acro
Many laws are the outcome of one abusive or horrible situation.
Some are even named for the person or situation from which the law arose
http://www.amandaslaw.org/
Philip
Yes I believe ICM does looks like the UH is unaware of it
Acro
I’m not pushing for it or suggesting its needed just warning it could happen and its a domain like this that would push lawmakers to take action
Mike, no – I understand that you’re simply reporting the news. I’m just amazed at the absurdity of laws as thought up by our politicians.
The .xxx TLD and ICANN are innovative!
New gTLD’s are like Main Street for your business!
And here are the examples:
[ Coming soon. ]
Meanwhile, back in the real world…
How many past and recent isolated and random examples of morally challenged acts of domain name manipulation do we need before we acknowledge a pattern?
There are a wide variety to choose from.
The University of Hawaii can easily avail themselves with ICM Registry’s Rapid Evaluation Service (RES), which is designed specifically for this kind of case.
In fact, the National Arbitration Forum (NAF), who administers the RES Process, published today the results of the cases to date. It shows that all cases were decided in favor of the complainant and the infringing sites were suspending within an average of two days.
A link to the NAF announcement with statistics can be found here: http://www.adrforum.com/newsroom.aspx?itemID=1709
Here is a link to the RES Policy on the ICM Registry website: http://icm.xxx/policies/res-policy/
in other words, icm is a protection racket. they created the threat. and for a fee, they can almost guarantee to protect you from it. and naf, with their stellar reputation for ethical business practices, takes a cut.
now that’s innovative.
.XXX=Trouble
We moved to the xxx extention and rolled out our BuyItNow.xxx domain and seen sales increase and it is working great for us however taking a domain of a university and trying to do a .xxx site is wrong and should be stopped. Lets make the xxx extention the appropriate spot for adult content.
David