28 Abuse Prevention and Mitigation
|gTLD||Full Legal Name||E-mail suffix||Detail|
|.中信||CITIC Group Corporation||ymail.com||View|
28 Abuse Prevention and Mitigation
As a Brand TLD, the Applicant would not tolerate any abuse of the domain names under its management. In this section, the Applicant would describe the proposed policies and procedures to prevent abusive registrations and minimize other activities that have a negative impact on registrants and Internet users.
28.1 Domain Anti-Abuse Policies
28.1.1 Categorization of the abuses
The Applicant would like to adopt the definition on the abuse by the Registration Abuse Policy Working Group (RAPWG), that the abuse is an action that:
a. causes actual and substantial harm, or is a material predicate of such harm, and
b. is illegal or illegitimate, or is otherwise considered contrary to the intention and design of a stated legitimate purpose, if such purpose is disclosed.
However, the RAPWG also finds out that the differences between registration issues and use issues have a very distinct impact to the TLD when it comes to the capacity to contain these two abuses.
Registration issues are related to the core domain name-related activities performed by registrars and registries. These generally include (but are not limited) to the allocation of registered names; the maintenance of and access to registration (WHOIS) information; the transfer, deletion, and reallocation of domain names.
In contrast, domain name use issues concern what a registrant does with his or her domain name after the domain is created—the purpose the registrant puts the domain to, and⁄or the services that the registrant operates on it. These use issues are often independent of or do not involve any registration issues.
Pursuant to the classifications of the domain name abuses, the applicant would like to adopt the following policies and mechanisms to address the potential abuses concerning the .中信 TLD.
28.1.2 Anti-abuse Policies
With reference to the final report of the RAPWG, the Applicant will adopt the following clauses in the Registration Agreement that the abusive use of domain names will result in registration cancellation, domain name suspension or take down action.
The abuses are categorized as the following types:
I) registration abuse, includes but not limited to Cybersquatting; Front-running; Gripe sites; Deceptive and⁄or offensive domain names; Fake renewal notices; Name spinning; False affiliation; Cross-TLD Registration Scam; Domain kiting ⁄ tasting.
II) Abusive uses of domain names, includes but not limited to phishing, pharming, spoofing, malware⁄Botnet, Pay-per-click\Traffic diversion.
The Registration Agreement states that the registrant “represent, warrant, and agree that you hold the necessary rights to use or permit to use any item, word, or term submitted through the Domain Name Registration Services, and that such use shall not in any way to the best of your knowledge and belief:
(i) violate or potentially violate any right of any third party, including infringement or misappropriation of any copyright, patent, trademark, trade secret, or other proprietary right;
(ii) constitute or potentially constitute violations, such as, without limitation, false advertisement, unfair competition, defamation, invasion of privacy, invasion of rights, and discrimination;
(iii) cause or potentially cause a business dispute, personal dispute, or any other dispute;
(iv) be or potentially be unlawful, harmful, fraudulent, libelous, slanderous, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or otherwise offensive;
(v) be or potentially be racially, ethnically, or ethically objectionable; or
(vi) constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law, including local, provincial, state, national, international, or other laws. ”
Pursuant the Registration Policy published on the website of the Applicant, the Applicant reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on suspension, takedown or similar status, that it deems necessary, in its discretion;
(1) to protect the integrity and stability of the registry;
(2) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process;
(3) to avoid any liability, civil or criminal, on the part of the Applicant, as well as its affiliates, subsidiaries, officers, directors, and employees;
(4) per the terms of the registration agreement or
(5) to correct mistakes made by the Applicant or any Registrar in connection with a domain name registration.
The Applicant also reserves the right to place upon registry suspension, takedown or similar status a domain name during resolution of a dispute. Abusive uses, as defined above, undertaken with respect to .中信 domain names shall give rise to the right of the Applicant to take such actions in its sole discretion.
28.2 Abuse prevention Mechanisms
28.2.1 Anti Abuse Contact Window
The Applicant will publish its domain name anti-abuse policies at the website (www.nic.citic), and also establish an online contact for handling of domain name abuse complaints. The contact information will include at least fixed telephone number, fax number and email address as listed below:
Fixed phone: 8610-59661032
A team will be assigned to handle the complaints. All accredited registrars of the TLD will be required to set up a contact to liaise with the registry on abuse mitigation purpose. The anti-abuse policy will also be shown on the website of the registrars.
Any changes on the contact information will be published on the Registry Operator’s website, and will notify registrars and ICANN in a timely manner.
28.2.2 WHOIS accuracy Requirement
The Applicant believes that an accurate and genuine WHOIS information requirement is essential to the proper use of the domain name and is vital in tackling the abuses of the domain names. The applicant hence require the registry, registrars and registrants to make sure the WHOIS information of the registrant is accurate and genuine, any update of the WHOIS information shall be done in a timely manner.
Requirement for Registrants
When registering a .中信 domain name, the Registrant has to consent to clause on WHOIS requirement at the Registration Agreement, and ensure that the submitted registration information is authentic, accurate and complete. The registrant has to consent that should there be any changes on the WHOIS information in the future, the registrant will update the registration information within 30 days upon occurrence of the changes.
The Registration Agreement states that the registrant must submit the following information:
a) The complete and accurate WHOIS information of the domain name required by the Registry pursuant to the Specification 4 of the Registry Agreement;
b) Signed copy of the Registration agreement.
The registrants also consent that the registrant is responsible for the accuracy of the WHOIS information of the domain name. Failure to adhere to the accuracy requirement will cause suspension or termination of the registration.
Requirement for Registrars
One of the requirements of the accredited registrar is that the registrar is capable of verifying the WHOIS information submitted by the .中信 domain name registrant.
In the proposed RRA agreement with .中信 Registry Operator, the Registrar is required to take necessary measures to verify the authenticity, accuracy and completeness of the registrant information before domain names registration. The verification mechanisms include but not limited to emails, SMS, and phone call verification. The identification of the registrant will also be verified.
The process for the WHOIS verification will be carried out as follows:
(1) The registrar will check the completeness of the registration material and documentation;
(2) The registrar will verify the WHOIS information of the registrant. The registration system of the registrar is required to send out email or SMS to each email address or mobile phone number of the registered domain name to ask for verification of the receiver. No reply will be deemed inaccurate information.
(3) The Identification material of the registrant is required. The individual registrant is required to submit the photocopy of the ID card or passport of the registrant, and the entity registrant is required to submit the photocopy of the Business Certificate or other legal documentation of the establishment of the entity.
Requirement for the Registry Operator
The Registry Operator will set up an annual evaluation process for Registrars on their performance on the WHOIS verification. The standard is based on the complaints received and the WHOIS inspection resulted performed by the Registry Operator based on the Registry-Registrar Agreement (RRA). The random inspection ratio is no less than 1%. If the proportion of qualified registrants in random inspection is lower than 90%, the Registrar is deemed unqualified. If the proportion of qualified registrants is 95% or higher, the Registrar are considered qualified. The unqualified registrar will be punished ,and the qualified registrar will be awarded and honored pursuant to the Registry-Registrar Agreement (RRA)
Requirement for the Back-end Service Provider
The applicant requires the Back-end Service Provider, KNET co., Ltd to carry out a random check on WHOIS information of the domain name registered on the SRS on a daily basis. KNET will verify the registrantʹs Identification via the authoritative database of the government offices to ensure their authenticity and accuracy.
Any inaccurate WHOIS information will be sent back to the contact of the Applicant mentioned above. The Applicant will request the registrar concerned to update the registrant information within 5 working days. Failure to do so would result in domain name suspension or takedown and the registrar will be noted as breach of the Registry-Registrar Agreement (RRA).
28.2.3 Reasonable Access Control
The registrar will provide with a secured online access to registrant to manage the domain names. This access may provide with a platform for domain name information update, domain name transfer request, renewal or deletion. The management system will be provided with SSL connection, reinforced password control and CAPTCHA verification. The system will send out notice to request the registrant change the password every three months. The registrant will be able to update registrant information, requesting domain name transfer Auth-code and domain name deletion. All these operations will require a verification process.
In the event of domain name transfer, the registrant will be required to obtain Auth-code at the losing registrar and give it to the gaining registrar. In addition to that, the losing registrar is required to send transfer notice to the administrative contacts and technical contacts of the registrant before transferring. The gaining registrar is required to notify the administrative contacts and technical contacts of the registrant after transferring.
In the event of the domain name update and deletion, the registrant will be required to verify the operation either via email or via written notice. In the meanwhile, the administrative contacts, technical contacts and billing contact of the registrant will all be informed of the operation.
28.2.4 Disposal of Orphan Glue Records
By definition of SSAC, a glue record becomes an ʺorphanʺ when the delegation point NS record referencing it is removed without also removing the corresponding glue record. The Applicant will adopt the management policy of not allowing orphan record.
KNET ,the Back-end Service Provider ,has designed The KNET Shared Registry Platform to automatically mark the generated orphan glue records and the date when suspending a domain name resolution or deleting a domain name. At the time that the orphan glue record is generated, the system will automatically send an email notice to the administrative contacts, technical contacts of the domain name and its sponsoring Registrars, informing the orphan glue record should be deleted within a 30-day grace period.
Moreover, the registry system will carry out scanning and cleansing program on orphan glue records on a daily basis. Those orphan glue records that are no longer used as well as those that exceed the 30-day grace period will be deleted.
When provided with evidence that the glue is indeed present to abet malicious conduct, the Applicant will take the following action:
1) Upon reception of the complaint, the Applicant will coordinate with its back-end provider, KNET on the issue;
2) KNET will report back on the status of the orphaned glue record according to its daily scanning record within 24 hours;
3) The Applicant shall instruct an immediate deletion order to KNET to remove the orphan glue record and KNET will delete the record within 8 hours upon receipt of the order.
28.3 Abuse Mitigation Mechanism
The Applicant will set up an anti-abuse mechanism to act swiftly to mitigate any abuse and take down any infringing .中信 domain names. Based on the nature of the abuses mentioned above, the Applicant shall act in three levels to counteract to potential registration abuse and domain use abuse:
28.3.1 Registration abuse mitigation mechanism
Since the mission of .中信 TLD is to serve the interest of CITIC Group Corporation, the Applicant does not seek any commercial interests, the Applicant regards prudent and proper use of domain names higher than pure volume.
The Applicant will adopt such rules in the Registration Agreement to prevent infringement on the right of third parties or violation on applicable laws and regulations. The Registry-Registrar Agreement also states that the Registrar is responsible for the WHOIS accuracy of the domain names.
In practice, The Applicant will require any domain name registration request to provide with a supporting letter to certify that its applied domain name is approved by CITIC Group Corporation. . On top of that, the accurate WHOIS information of the domain name will be verified. Details of the WHOIS information verification mechanism can be seen on the above section. Any inaccurate WHOIS information could lead to domain name cancellation or rejection.
Through the strict requirement and audit process prior to registration, the .中信 TLD shall avert or mitigate at least several registration abuses in question. Please refer to the Table 28-1 in Q28_attachment for the more details.
In the event of compliant on domain registration abuses, the applicant will follow the procedures as described below:
1) the Applicant will put the domain name in question on registry lock, then
2) the Applicant will determine the nature of the complaints, if this falls within the ability of the Applicant, the Applicant will instruct the sponsoring registrar to take down the domain name pursuant to Registry-Registrar Agreement (RRA) or Registration Agreement;
3) Should this complaint be beyond the ability of the Applicant, the Applicant will follow the procedure that is described in the following section.
28.3.2 Abuse mitigation mechanism
With regard to abusive use of .中信 domain names, which may concern phishing, pharming, malware downloading, etc., the Applicant will rely on the registrars, the interested parties or the Internet users to detect the abuse, and in collaboration with other third party security vendors or Law Enforcement Agencies, to tackle such abusive use of the .中信 domain names.
A typical process to tackle the registration abuse is as such:
1) Any complaints to the domain names shall be sent to the abovementioned contact via telephone, fax or email;
2) Upon receipt of the complaints, the Applicant shall identify the abuse incidents involving the domain names with the help from other third party security vendors or Law Enforcement Agencies if necessary in five days;
3) Once the abuse is identified, a notice of breach will be sent to the domain name registrant, registrar and any party concerned and request immediate action to mitigate the abuse in 24 hours;
4) Should the Applicant receive no response from the registrant or the registrar, pursuant to the RRA, the Operator shall notify the registrar to take a suspension action or takedown within 4 hours; the Applicant shall also notify the registrant on the action taken via the contact method contained in the WHOIS.
The registrant is also allowed to dispute the suspension or takedown action should the registrant if the domain name is suspended mistakenly. The procedure for the plea and process is as follow:
1) The registrant file the plead to the Applicant via the contact information published on the website with the evidence that the domain name is registered and used in accordance to the Registration Agreement;
2) The Applicant will direct the evidence to the party who is identify the complaints to review. If the evidence is approved and the restore order is issued, the Applicant will instruct the registrar to restore the domain name within five working days pursuant to Registration Agreement and Registry-Registrar Agreement (RRA).
28.3.3 Domain names dispute Mechanism
Sometimes the domain name abuse complaints will have to go through dispute resolution provider. When the domain name in question is in dispute or other legal proceedings, the Applicant will take the following actions to prevent abuse:
i) When the domain name dispute is filed via the Uniform Rapid Suspension Policy, the Applicant will “lock” the domain name in question within 24 hours upon receipt of the “Notice of Complaint”, restricting all changes to the registration data, including transfer and deletion of the domain names, but the name will continue to resolve. After the “lock” operation, the Applicant will notify the URS Provider immediately upon locking the domain name (Notice of Lock). The Applicant will also take action as per described by the URS Provider.
ii) Domain name disputes may also be filed under Uniform Dispute Resolution Procedure (UDRP). The Applicant shall monitor its accredited registrars to implement the arbitration result.
Details of the Dispute resolution mechanisms please refer to answer to Question 29.
28.3.4 Collaboration with other parties
Externally, the Applicant will work with other parties to prevent and mitigate the abuses on its domain names. The procedures or mechanisms of the cooperation will be described as follows:
With contractual relationship with ICANN, the Applicant is obliged to abide by the legal obligations described on the Registry Agreement. The Applicant also consent to the Consensus policies and temporary policies specification described in the Specification 1 of the Registry Agreement. Details of the consensus policies can be found at this address: http:⁄⁄www.icann.org⁄en⁄general⁄consensus-policies.htm.
With regard to Temporary Policies, the Applicant shall comply with and implement all specifications or policies established by the ICANN Board on a temporary basis. The Applicant pledges that the Temporary Policies will be implemented within a month upon the notice of the policies. In the event of a conflict between Registry Services and Consensus Policies or any Temporary Policies, the Consensus Polices or Temporary Policy shall control.
With CNCERT⁄CC and other security providers
The Applicant will establish a contact window with CNCERT⁄CC, and other security providers to take down domain name abuse incidents concerning .中信 domain names. On the other hand, the Applicant will rely on them to identify domain name abuse incidents. The collaboration mechanism is as follows:
1) The Applicant will instruct the sponsoring registrar to send email notification the registrant (administrative contact, technical contact or billing contact) concerned to respond to the domain abuse complaints upon receipt of the takedown notice from CNCERT⁄CC; the notification requires the registrant to respond within 5 days; in the meanwhile, the domain name in question will be put in “lock” status;
2) Should there be no response from the registrant, the Applicant will instruct the sponsoring registrar to put the domain name in suspension take down and a notice of takedown will be sent to the email address of the registrant.
28.4 Resourcing Plan
It is advised that at least one auditor is furnished to carry out the registration accuracy audit, and a legal counsel is advised to address the abuse complaints.
On the technical side, the staff will be allocated to following area to ensure a swift and effective action to address the abuses.
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