Home / Blogs

Domains Locked in London Police Takedown Ordered to Be Transferred

Mark Jeftovic

The National Arbitration Forum has just handed down its decision in respect to the three domain names locked down at Public Domain Registry in response to the City of London Police Intellectual Property Crime Unit takedown requests (see earlier post). The decision is in favour of easyDNS and orders the three names to be transferred to us.

The full text of the decision is available here, the notable finding is that:

No court order has been issued which would prohibit the transfer of the domain names at issue from the Registrar of Record to the Gaining Registrar. Therefore, there is nothing in the Transfer Policy which authorizes the Registrar of Record to refuse to transfer the domain names.

Yes, exactly, that's what we've been saying all along. It's unbelievable that we had to take this all the way to a second level appeal to get a decision enforced that is simply straight-forward compliance with a clear, unambiguous rule that all registrars have to play by.

More importantly, the panel went on to say:

To permit a registrar of record to withhold the transfer of a domain based on the suspicion of a law enforcement agency, without the intervention of a judicial body, opens the possibility for abuse by agencies far less reputable than the City of London Police. Presumably, the provision in the Transfer Policy requiring a court order is based on the reasonable assumption that the intervention of a court and judicial decree ensures that the restriction on the transfer of a domain name has some basis of "due process" associated with it. (emphasis added)

This is precisely the reason we felt obligated to go all the way with this. It is now official, and out there for all to see: Even if a registrar suspends service to a domain for any number of ill conceived reasons (including the flimsiest of takedown requests from overreaching law enforcement agencies) they cannot prevent those domains from seeking greener pastures in the form of more clueful registrars — unless they have a COURT ORDER to lock the domain down.

It's been a long haul, but it's worth it.

By Mark Jeftovic, Co-Founder, easyDNS Technlogies Inc.. More blog posts from Mark Jeftovic can also be read here.

Related topics: Domain Names, ICANN, Law

WEEKLY WRAP — Get CircleID's Weekly Summary Report by Email:

Comments

Nicely done, Mark. It is very important George Kirikos  –  Jan 09, 2014 2:38 PM PDT

Nicely done, Mark. It is very important that registrants (indeed, everyone) receive due process.

Too often, service providers will simply comply, rather than fight for fundamental rights.

To post comments, please login or create an account.

Related Blogs

Related News

Topics

Industry Updates – Sponsored Posts

Public Interest Registry Releases Bi-Annual Report, .Org Domain Registrations Pass 10.4 Million

Public Interest Registry to Speak About Upcoming Launch of .ngo and .ong Domains for NPOs

DotConnectAfrica Trust Responds to ICANN 50 GAC Advice, Updates on .Africa Application IRP Status

New .ORGANIC Domain Sunrise Begins, Creating Verified Space 
for Organic Products and Services

Non-English "IDN Email" Addresses Are Finally Working!

TLD Registry to Speak at Inaugural World Domain Day India

Independent Endorsement of Dot Chinese Online & Dot Chinese Website

ICANN London Recap Webinar

Four Reasons to Move from .COM to Your .BRAND Domain

Introducing the New .ORGANIC Domain: A Trusted, Credible Space for Organic Products on the Web

.WANG - 15,000 Registrations on Day One of General Availability

Dot Brand: Why Your Brand Needs Its Own Top-Level Domain

Afilias Announces Start of .BLACK Sunrise Period

Radix Launches Three New TLDs in Sunrise With Backing from 50+ Registrar Partners

.WANG General Availability Opens on June 30, 2014

Continuing to Work in the Public Interest

.Press Domain Names - The Changing Face of Journalism

Radix Announces .Website Launch Timeline

.Host Timeline Released As Pioneer Program Kicks Off

TLD Registry Sponsored Xinnet's Partner Conference in Nanjing

Sponsored Topics