28 Abuse Prevention and Mitigation

Prototypical answer:

gTLDFull Legal NameE-mail suffixDetail
.homeTop Level Domain Holdings Limitedgmail.comView

Strong abuse prevention is an important benefit to the Internet community. .HOME and its registry services provider, Minds + Machines, agree that a registry must not only aim for the highest standards of technical and operational competence but must also act as a steward on behalf of the Internet community in promoting the public interest. One of those public interest functions for a responsible domain name registry includes working towards the eradication of abusive domain name registrations, including, but not limited to, those resulting from:
* illegal or fraudulent actions
* spam
* phishing
* pharming
* distribution of malware
* fast flux hosting
* botnets
* distribution of child pornography
* online sale or distribution of illegal pharmaceuticals

Minds + Machines provides the staff and technology to handle abuse prevention and mitigation. Roles and responsibilities refer to Minds + Machines staff. The Compliance Administrator (CA) serves as the primary Abuse Point of Contact (as required by ICANN). CA will be responsible for overall policy development and enforcement.

CA will administer the complaint resolution process, and communicate with registrars (with the assistance of the Registrar Liaison), with law enforcement, the World Intellectual Property Organization and industry organizations such as the Anti-Phishing Working Group and the Registration Abuse Policies Working Group. Minds + Machines’ Chief Technical Officer (CTO) will also serve as the secondary Abuse Point of Contact. The CA, CTO or other personnel will be reachable on a 24⁄7 basis to deal with any alleged abuses that require immediate attention, whether from law enforcement or otherwise.

On the technical side, the Chief Technology Officer (CTO) is responsible for implementing abuse prevention and mitigation software on the Espresso registry platform and the abuse information and reporting features of the website.

All of the Registry staff will be trained to (i) respond to communication concerning abuse via the published (the required abuse point-of-contact) and restricted (only available to law enforcement and the customers) contact details; (ii) perform sufficient verification to distinguish genuine claims from the malicious and from false positives; (iii) enter the details into the abuse tracking and monitoring system; (iv) identify and contact the registrar of record, inform them of the complaint, initiate a prompt investigation of the complaint and note any information received back from the registrar; and (v) report progress to the complainant at appropriate times.

Primary and secondary Abuse Points of Contact, as well as designated employees, will be supplied with pagers and smart phones, and create an “on call” roster to assure 24x7 availability of abuse prevention and mitigation resources.

The website will prominently display and provide easy access to policies, resources available for handling complaints regarding abuse, and how to contact the designated Abuse Point of Contact. The Abuse Point of Contact staff will provide timely responses to complaints.

An abuse and complaint tracking and monitoring system will be set up as part of the registry software and maintained by Minds + Machines on our behalf. No further resourcing or provisioning will be required to maintain this effective 24x7 system.

The abuse prevention and mitigation program (the “Program”) is based on best practice policy recommendations developed by the Council of Country Code Administrators (CoCCA), on lessons learned from previous new gTLD launches, on the operating experience of TLDs such as .COM, and on participation in policy working groups and debate at ICANN. All policies are consistent with and conform to ICANN consensus policies where applicable. Twenty‐five ccTLDs use the CoCCA policy framework to ensure protection of the registry, and to minimize abusive registrations and other activities that affect the legal rights of others. We have updated the best parts of these policies to the new gTLD environment to protect the specific needs of the registry and the registrants, and the rights and needs of third parties. Wherever applicable, we follow the recommendations of NIST SP 800-83 Guide to Malware Incident Prevention and Handling.

The Program is comprised of policies, procedures and resource allocation that aim to prevent and mitigate abusive practices at all levels of registry operations and domain name use.

The Program aims to: (i) prevent the registration of names that violate policies; (ii) provide efficient procedures for the reporting and removal of names that violate policies if they are registered; (iii) provide efficient procedures for the reporting and removal of domains which engage in abusive or unlawful practices; and (iv) secure and protect domain name ownership and Whois information.

The Program is designed to provide for the transparent and non-discriminatory registration of domain names; to protect Whois data and privacy; to ensure adherence by registrars and registrants to the Acceptable Use Policy (AUP); to protect trademarks and prevent registration of blocked and reserved names; to prevent the registration of illegal terms and inappropriate names; to prevent violations of the law; to combat abuse of the DNS; to address cybercrime; to protect intellectual property, and to align use of the registry with the applicable regulatory and legislative environments. We note that while as a registry operator we cannot remove prohibited or unlawful content from the Internet, we can and will seek to ensure that the network is not part of the abuse or publication chain.

The Program is balanced between the need to prevent abusive registrations and uses, the need to properly implement ICANN policies and follow applicable laws, and the need to respect the legal rights of registrants and others. The goal is to encourage legitimate use while discouraging abusive or illegal use. We recognize the importance for the overall health and reputation of the registry that we handle abusive registrations and use quickly, fairly and impartially.

The Program will be administered to (i) ensure that registrars adhere to registration policies; (ii) enforce the policies with registrars and registrants; and (iii) prevent any violations as effectively and efficiently as possible. The means for enforcing policies and procedures will be the comprehensive contract, which sets out penalties for non-compliance; and the registry software, through which some regulations and procedures will be enforced (for instance, blocking reserved names and displaying Trademark Clearinghouse notices and warnings).

The Program employs a model that includes registry-level suspensions for AUP and other policy violations; and also provides that the use of a domain is subject at all times to the AUP’s provisions concerning cybercrime, prohibited content, intellectual property abuses and other issues of importance to the Internet, security, intellectual property, legal and law enforcement communities.

Below we describe various agreements and policies, each of which will be a part of the Program:

(1) REGISTRANT AGREEMENT - The Registrant Agreement, which must be presented to the registrant for agreement by the registrar as a condition of registration, binds the registrant to ICANN-mandated rights protection mechanisms, including the Uniform Dispute Resolution Policy (“UDRP”), AUP, Privacy Policy, Whois Policy, and the Complaint Resolution Service. At the time of registration, registrars will be contractually required, pursuant to the Registry-Registrar Agreement, to bind registrants to these agreements.
(2) REGISTRY-REGISTRAR AGREEMENT (RRA) - The primary mechanism for ensuring that registrars adhere to registration guidelines, meet the obligations set forth in the policies and pass them on to registrants will be through the RRA we will sign with registrars. The terms of the RRA adhere to ICANN policies and contain additional abuse safeguards. The RRA includes provisions that must also be included in the contract between registrars and registrants. Registrars may include additional provisions, but those provisions may not conflict with the language provided by us, and registrars must include the terms and conditions in their entirety, and legally bind registrants to them. It is by this mechanism that registration and use policies, regulations and procedures will be passed on to registrants. The RRA contains provisions to combat abusive registrations or use as required by ICANN policies, applicable laws, and the registryʹs Acceptable Use Policy.

(3) ACCEPTABLE USE POLICY (AUP) - The AUP is incorporated by reference into the Registrant Agreement. It defines the acceptable use of second-level domains, and is designed to ensure that the registry is used for appropriate and legal purposes. It specifically bans, among other practices, the use of a domain name for abusive or illegal activities, including (i) illegal, fraudulent, misleading, or deceptive actions or behavior; (ii) spamming (the use of electronic messaging systems to send unsolicited bulk messages, including email spam, instant messaging spam, mobile messaging spam, the spamming of Web sites and Internet forums, and use of email in a Distributed Denial of Service (DDoS) attack); (iii) phishing (the use of counterfeit Web pages that are designed to trick recipients into divulging sensitive data such as usernames, passwords, or financial data); (iv) pharming (the redirecting of unknowing users to fraudulent sites or services, typically through DNS hijacking or poisoning); (v) willful distribution of malware (the dissemination of software designed to infiltrate or damage a computer system without the owner’s consent--e.g. computer viruses, worms, keyloggers and Trojan horses); (vi) fast-flux hosting (use of fast-flux techniques to disguise the location of Web sites or other Internet services, or to avoid detection and mitigation efforts, or to host illegal activities); (vii) botnet command and control (services run on a domain name that are used to control a collection of compromised computers or “zombies,” or to direct DDoS attacks); (viii) distribution of obscene material, including but not limited to child pornography, bestiality, excessive violence; (ix) illegal or unauthorized access to computer networks or data (illegally accessing computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another party’s system, often referred to as “hacking,” or any activity that may be used as a precursor to an attempted system penetration, such as port scanning, stealth scanning, probing, surveillance or other information gathering activity); (x) deceptive or confusing uses of the domain or any content provided thereon with respect to any third party’s rights; (xi) disrupting the registry network or the provision of any content capable of disruption of computer or systems or data networks; (xii) providing circumvention technologies, technical information or other data that violates export control laws; (xiii) spoofing (forging email network headers or other identifying information); and (xiv) distribution of any other illegal or offensive material including hate speech, harassment, defamation, abusive or threatening content, or any other illegal material that violates the legal rights of others including but not limited to rights of privacy or intellectual property protections.

(4) PRIVACY AND WHOIS POLICY - The Privacy & Whois Policy is incorporated into the terms and conditions presented to potential registrants. It is designed to prevent abuse by: (i) requiring that registrants provide us with accurate information to be included in their “thick” Whois listing; (ii) by requiring that registrars proactively require registrants to verify and⁄or modify their Whois information to ensure its accuracy on an ongoing basis as per ICANN policy; and (iii) making the failure to provide or maintain complete and accurate Whois information a material breach of the Registrant Agreement, which will allow us to cancel any registration for which the Whois information is not accurate or complete.

(5) EXPIRED DOMAIN DELETION POLICY As per ICANN policy, the Expired Domain Deletion Policy sets out how a domain name is registered and renewed, and includes policies and procedures for redemption and grace periods.

(6) NAMING POLICY - The Naming Policy sets out policies governing prohibited, blocked, and reserved names and eligibility criteria for registrants. It also provides registrants with information regarding trademark and third party rights in names, and offers guidance on choosing a domain name that comports with the policies, regulatory and legal policies, and the rights of third parties. This Policy will provide registrants with the list of blocked and reserved names; explain the rights of trademark holders and the role of the Trademark Clearing House in the registration process; and explain the policies concerning “typosquatting” - misspellings, “typos” or other names that give false or misleading impressions.

A plain language version of the policies will be made available to registrars and potential registrants. Registrants will be required to give their informed consent to be bound by the policies during the registration process, but we recognize that registrants may not fully understand what they are agreeing to when they register a domain name, because the contractual language can be difficult, particularly for a non-native reader of English. As an example, registrars will present the terms and conditions to the registrants and secure their agreement prior to registration. The terms and conditions are many pages long and contain words and concepts that may not be familiar to an average Internet user. Since registrants cannot adhere to policies if they cannot understand them, we will also require registrars to provide a prominent link to a “plain-language” overview of the policies posted on the website. This link will set forth the major terms and conditions in non-legal terms in order to make them understandable to the average registrant. While contracts will be the official and legally binding agreements, we believe the plain-language overview will be very useful for conveying to registrants the major points of their obligations with regard to their domain name itself and their use of that domain name.

The policies and the plain language overview will be prominently available on the website together with explanations and links to the Uniform Rapid Suspension (URS) Service, the UDRP, and the Complaint Resolution Service, with instructions and facilities for reporting alleged abuses to us directly.

The Program will include policies and procedures designed to prevent abusive registrations and use from the start by providing users with guidelines for choosing names, informing them of the proper and improper use of those names, and the consequences of abuse. The anti-abuse measures prior to registration include:

(1) Implementation of the Trademark Claims Service (TCS): In the case where a potential registration is an exact match to an applicable trademark in the Trademark Clearing House, the TCS automated notification service will inform registrants that the name they may be about to register may be a violation of the trademark rights of a third party, and that their registration may be subject to challenge and possible cancelation. We will not, however, reserve or block domain name registration of terms, or confusingly similar terms, which might infringe intellectual property or other rights. The Naming Policy will however advise registrants that prior to registering the name, it is the registrants’ responsibility to determine whether or not any particular term might infringe the intellectual property or other legal rights of an entity or individual. The Policy will also encourage registrants to perform a trademark search with respect to the term comprising the domain name prior to registration, and inform the registrant that it is solely liable in the event that the name constitutes an infringement or other violation of a third party’s rights, which may include criminal liability for willful, fraudulent conduct.

(2) Prohibition of a duplicate application for registration of a domain name with another registrar: The policies prohibit a registrant from submitting an application for a domain name if the registrant has previously submitted an application for registration of a domain name for the same term with another registrar where the registrant is relying on the same eligibility criteria for both domain name applications, and the name has previously been rejected by a registrar or by the registry.

(3) Preventing numerous attempts to register reserved or blocked names: The policies provide that registrants who repeatedly try to register reserved or blocked names, or names that infringe the rights of others, will be banned from registering domain names. Further, any domain names registered to them will be cancelled or transferred, as provided for in the Registrant Agreement and AUP. We specifically inform such users that we reserve the right to refer them to appropriate legal authorities.

(4) Blocking⁄flagging certain names: We will be able to enforce many of the registration policies at the point of registration through the Espresso platform. For example, the Espresso platform can block certain prohibited names from registration. In addition, domain names that are doubtful--for instance names that contain within them blocked or reserved names--or portions thereof--may be flagged for further review before they are delegated. We believe that a robust implementation of registration policies through the registry software is the best first line of defense against certain types of violations. The Espresso platform is easily programmed to disallow any registrations set forth on the list of blocked or reserved names.

Even with policy implementation, oversight, and automated anti-abuse features, abuse registration and use may occur. In addition, innocuous domain names may be used for abusive purposes, such as phishing or spamming. Therefore, post-registration policies and procedures are designed to effectively and efficiently prevent and mitigate abuses with respect to registered domain names themselves and also their use.

(1) Suspension⁄Cancellation: The policy framework allows us to suspend or cancel registrations that violate certain terms of the Registrant Agreement and related policies. We reserve the right to cancel or suspend any name that in our sole judgment is in violation of the terms of service. With cancelation, to the extent permitted by applicable law, we may publish notice of the cancelation, along with a rationale for the decision.

We believe that this step is important for several reasons: (i) It will help us keep the trust of Internet users, who will see that our actions are not arbitrary; (ii) it will act as a deterrent, as violators’ names will be published; and (iii) it will provide valuable additional information to users about which names are considered violations, by providing examples of names that have been canceled because they are offending terms.

In the case of clear-cut violations of the policies, we will take immediate action without refund of the registration fee.

(2) Putting domain names in a “pending” status: In certain cases where we determine that a registration may be in breach of the policies, we may put a registration in “pending” status, in which the registration itself is not affected, but in which the domain name will not resolve. Names in a “pending” state can be restored to operational status. In this case, we will inform the registrant of the initial determination and provide the registrant with a speedy mechanism, such as the Complaint Resolution Service, to assist us in resolving the issue, or to appeal the decision.

(3) Infringement of trademarks: With respect to registrations that infringe trademarks, ICANN has policies and procedures in place that provide a wide net of protections. These policies provide for very quick cancelation of obvious infringements via the Uniform Rapid Suspension (URS), and for less obvious violations, the UDRP. These policies are the result of many years’ experience and extensive negotiations with the trademark community. Additionally, these mechanisms are reasonably well understood by both trademark holders and registrants. We believe that abiding by ICANN’s established policies for dealing with alleged trademark infringing registrations provides the best level of protections for both trademark owners and applicants. We will make the URS and UDRP mandatory procedures for handling such disputes through contracts with the registrars.

A more detailed discussion of the rights protection mechanisms may be found in Question 29: Rights Protection Mechanisms.

(4) Complaint Resolution Service (CRS): While ICANN has a number of procedures in place to prevent abusive registrations, especially with regard to violations of intellectual property rights, we will in addition implement a CRS. The CRS is a formal process that provides a low-cost, efficient, neutral, and clear-cut mechanism for complaints from the public concerning alleged illegal content, abusive or disruptive use of a domain name (e.g. phishing or spam) or other inappropriate conduct to be fairly adjudicated. The policies provide that the CRS is available to anyone, including rights holders. The CRS is a multi-step process designed to ensure fairness and is analogous to an ombudsperson process. It provides an easy method for lodging complaints while protecting registrants from arbitrary, harassing, or repetitive meritless claims. The CRS is described in detail in Question 29.

(5) Trademark Claims Service (TCS): In addition to warning potential registrants prior to registration that their choice of domain name may infringe the rights of others, the TCS will inform trademark holders that a potential infringement of their mark has been registered. This will provide the trademark holder with the opportunity to challenge the registration, via the URS, UDRP, or court action. The TCS will provide means to inform trademark holders who have successfully deposited their trademarks in the Trademark Clearing House that a domain name has been registered that exactly matches their trademark.

As set forth in the Registrant Agreement, Whois Privacy Policy and related agreements we will take significant steps to collect and maintain complete and accurate Whois information.

To ensure Whois accuracy, the Registration Agreement requires that a registrant provide us with (i) true, current, complete, accurate, and reliable registration information; and requires (ii) that the registrant will maintain, update, and keep their registrant information true, current, complete, accurate, and reliable by notifying their registrar of a change to any such information in a timely manner. The Registration Agreement makes clear that providing true, current, complete, and accurate contact information is an absolute condition of registration of a domain name. Registrants are required to acknowledge that a breach of these provisions will constitute a material breach of the Registration Agreement, and that if any registration information provided during registration or subsequent modification to that information is false, inaccurate, incomplete, or misleading, or conceals or omits pertinent information, we may in our sole discretion terminate, suspend or place on hold the domain name of any Registrant without notification and without refund to the Registrant.

Whois accuracy verification at the point of registration as well as over the life of a registration will be carried out by the ICANN-accredited registrars pursuant to the terms of ICANN policy as embodied in the RRA.

Registrants are required to provide the following information to an accredited registrar, who will then provide it to us: (i) Legally recognized first and last name of the contact person for the registrant (this contact person may be the registrant itself), and if the Registrant is an organization, association, corporation, Limited Liability Company, Proprietary Limited Company, or other legally recognized entity, we require that the contact person must be a person authorized under the applicable law in the applicable territory to legally bind the entity; (ii) valid postal address of the Registrant; (iii) working e-mail address of the Registrant, and (iv) working telephone number for the Registrant, including country code, area code, and proper extension, if applicable. Attempted registrations lacking any of these fields will be automatically rejected by the system.

The Registration Agreement provides that the registrant is responsible for keeping the registrant information up to date and responding in a timely fashion to communications from registrars regarding their registered domain names.

Validation of Whois information prior to registration has not met with success among top-level domains. Historically, in many country-code top-level domains, pre-validation has been abandoned due to depressed user adoption and criticism from end users and industry businesses, such as web hosting companies, ISPs, and domain name registrars. With few exceptions, major registries validate Whois information after the domain name is delegated, if at all. This reduces cost, which keeps prices down and allows for the near-instant registration of domain names by ordinary registrants.

We will not use pre-delegation validation of registrant data. The strong policies against abusive registrations, combined with the easy-to-use CRS and active enforcement response, will better balance the needs of consumers and law enforcement or other users of Whois information than pre-verification, and in addition will result in higher customer satisfaction.

We will discourage illegitimate or abusive registrations by pricing our domain names above the price of .COM or .BIZ, which we believe will discourage various forms of noxious behaviors, as cybercriminals typically register large numbers of domains for their schemes and will therefore face a larger cost of doing business if they attempt to use the registry for their schemes. We therefore propose to price domain names at a wholesale cost higher than existing gTLDs as a way to discourage malicious use of second-level domain names. With fewer illegitimate registrations, we expect that Whois accuracy will be higher.

The RRA provides that a registrar must ensure that access to registrant accounts are adequately protected, at a minimum, by secure log-in process that requires username and password authentication, and comport with other security related ICANN registrar accreditation requirements. Registrars must ensure that its connection to the Shared Registry System (SRS) is secure and that all data exchanged between registrar’s system and the SRS is protected against unintended disclosure. Registrars are required to use multi-factor authentication and encryption methods for each EPP session with the SRS using both a server certificate identified by the Registry and the registrar password, which is disclosed only on a need to know basis.

To protect unauthorized transfers of domain names, the registry generates a Unique Domain Authentication ID, or UDAI (also known as an “authorization code” or “auth code”), and provides the UDAI only to the registrant, in a secure manner. A UDAI is a randomly generated unique identifier used to authenticate requests to transfer domain names from one registrar to another. A UDAI is generated when a domain name is registered. Registrars will be obliged to promptly support domain transfers from qualified registrants upon request and may not withhold them to prevent a domain name from being transferred, nor may they require burdensome manual steps (such as requiring a signature) as a condition of transferring a domain name to a new registrar.

Registrars will further be required to identify a duly authorized officer (or similar senior manager) to handle cases where a company or organization wants to make changes but where the original registration was performed by an individual working for the company in his or her own name. For example, a company might hire a web developer to design a web site, and ask the developer to register a domain name, which they may do, but in his or her own name. The purpose of this policy is to prevent mistakes in the case of a transfer of ownership. The instructions on the change of registrant form must ensure (i) that the current authorized registrant is authorizing the changes; (ii) that the prospective registrant is identified and that all relevant contact information has been provided; (iii) that the prospective registrant acknowledges the changes and agrees to be bound by all of agreements and policies; (iv) that the process utilized by the registrar for the change of registrant process is clearly identified to registrants; and (v) that all documentation and correspondence relating to the transfer is retained. Registrars may request a statutory declaration where they have concerns about the authority to effect the change in registrant details if the registrars have concerns about the authority to effect a change in registration or any detail thereof and include an indemnity clause for any costs, losses, or liabilities incurred in the reasonable performance of their duties in processing the registrantʹs request, or in dealing with claims arising from the allocation or use of the name.

The Minds + Machines CA will be responsible for ensuring that the ICANN-accredited registrars are implementing security protocols to provide adequate controls regarding access to registrants’ registration information. The RRA will provide that we may audit the registrant account access policies and procedures of the ICANN-accredited registrars to ensure their compliance with the policies. These audits will be carried out by the CA on a random basis or in response to a report or a complaint that a registrar is not complying with the account access policies. Failure to correct deficiencies identified in any audit may be considered a material breach of the RRA.

The registry policies and Shared Registration System (SRS) rules do not allow for orphan glue records in the zone. All glue records are automatically removed from the zone when the parent domain is deleted by the Espresso SRS. This automated registry software process prevents what are known as “fast-flux” phishing attacks.

The Abuse Prevention and Mitigation functions will be carried out by members of the Minds + Machines Technical and Legal staff. The CTO oversees the technical team in their development and implementation of, abuse prevention mechanisms such as black lists, removal of orphan glue records, automated warning emails, and creation and ongoing management of domain status fields such as “suspended” when a domain registration is under review for policy violation. The VP of Policy, the Director of Legal Affairs and the Compliance Administrator perform the duties of Abuse Point of Contact, complaint review, collaboration with law enforcement, and other legal duties necessary to conform to ICANN consensus policies, registry Acceptable Use Policies, and local laws.

Our registry functions are outsourced to Minds + Machines. Their staff resource allocation follows. All costs associated with the technical functioning of the registry are covered by Minds + Machines as per our contract with them. Please see the attachment to “Q 24 Staff” for complete descriptions of each staff position.

VP Policy
Director Legal AffairS
Compliance Administrator
Registrar Cust Svc - Tech 1
Registrar Cust Svc - Tech 2
Espresso Application Developer
Espresso Application Developer 2
Espresso Application Developer 3
Database Developer
Database Developer 2
Information Security Officer
Database Administrator
Database Administrator 2

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