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Facebook sues Namecheap for allowing people to to register phishing domains

Volundr 7y ago
Facebook sues NameCheap for allowing people to register phishing domains, and failing to meet their obligation to provide information about those domains when notified. But it's not near as good a headline.
- mmanfrin 7y ago
  Namecheap has no obligation to give out customer data at all unless directed so by a court.
  - ceejayoz 7y ago
    Is it possible there's something in the ICANN registrar policies that requires them to do so? If not, isn't this sort of suit how you'd get a court to issue such an order?
    - Volundr 7y ago
      It appears there is: https://www.icann.org/resources/pages/approved-with-specs-2013-09-17-en#raa https://www.icann.org/resources/pages/approved-with-specs-20... See section 3.7.7.3
      - phendrenad2 7y ago
        I'll bet that clause was intended to apply to law enforcement, but as worded (IANAL) it appears to say that literally anyone could send a registrar proof of "reasonable evidence of harm", and they're liable unless they turn it over. Very odd.
- lsaferite 7y ago
  Which specific obligation are you referring to?
  - Volundr 7y ago
    The article doesn't reference, but I'd assume: https://www.icann.org/resources/pages/approved-with-specs-2013-09-17-en#raa https://www.icann.org/resources/pages/approved-with-specs-20... 3.7.7.3 Any Registered Name Holder that intends to license use of a domain name to a third party is nonetheless the Registered Name Holder of record and is responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name. A Registered Name Holder licensing use of a Registered Name according to this provision shall accept liability for harm caused by wrongful use of the Registered Name, unless it discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing the Registered Name Holder reasonable evidence of actionable harm.
    - bryan_w 7y ago
      Wow, doesn't get much clearer than that
crobertsbmw 7y ago
They aren’t even sueing for _allowing_. You can’t expect namecheap to know every possible domain that could be used to impersonate Facebook. They are sueong because namecheap isn’t cooperating in their investigation..
deleted 7y ago
[deleted]

Facebook sues NameCheap for allowing people to register phishing domains, and failing to meet their obligation to provide information about those domains when notified. But it's not near as good a headline.

mmanfrin 7y ago
Namecheap has no obligation to give out customer data at all unless directed so by a court.
- ceejayoz 7y ago
  Is it possible there's something in the ICANN registrar policies that requires them to do so? If not, isn't this sort of suit how you'd get a court to issue such an order?
  - Volundr 7y ago
    It appears there is: https://www.icann.org/resources/pages/approved-with-specs-2013-09-17-en#raa https://www.icann.org/resources/pages/approved-with-specs-20... See section 3.7.7.3
    - phendrenad2 7y ago
      I'll bet that clause was intended to apply to law enforcement, but as worded (IANAL) it appears to say that literally anyone could send a registrar proof of "reasonable evidence of harm", and they're liable unless they turn it over. Very odd.
lsaferite 7y ago
Which specific obligation are you referring to?
- Volundr 7y ago
  The article doesn't reference, but I'd assume: https://www.icann.org/resources/pages/approved-with-specs-2013-09-17-en#raa https://www.icann.org/resources/pages/approved-with-specs-20... 3.7.7.3 Any Registered Name Holder that intends to license use of a domain name to a third party is nonetheless the Registered Name Holder of record and is responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name. A Registered Name Holder licensing use of a Registered Name according to this provision shall accept liability for harm caused by wrongful use of the Registered Name, unless it discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing the Registered Name Holder reasonable evidence of actionable harm.
  - bryan_w 7y ago
    Wow, doesn't get much clearer than that

crobertsbmw 7y ago

They aren’t even sueing for _allowing_. You can’t expect namecheap to know every possible domain that could be used to impersonate Facebook. They are sueong because namecheap isn’t cooperating in their investigation..

deleted 7y ago

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