28 Abuse Prevention and Mitigation
|gTLD||Full Legal Name||E-mail suffix||Detail|
|.mint||Intuit Administrative Services, Inc.||markmonitor.com||View|
Abuse within the TLD will not be tolerated. Intuit Administrative Services, Inc. (“Applicant”) will implement very strict policies and procedures to minimize abusive registrations and other activities that have a negative impact on Internet users.
One of Applicant’s primary abuse prevention and mitigation strategies is to ensure that only Applicant registers and Applicant and⁄or its Affiliates (as defined in Applicant’s registration policy) use domain names in the TLD under strict guidelines and controls as set by Applicant. In order to ensure that Applicant does not register abusive domain names, Applicant has appointed a single group of employees as authorized to register, acquire, and⁄or monitor domain names in the TLD.
As stated elsewhere, Applicant will not allow the registration of any domain names, except for those required by ICANN and for internal business or testing purposes, for likely one (1) to five (5) years while it conducts marketing and technical studies on how to best operate the TLD. For example, Applicant will initially register and use only two (2) domain names, namely, NIC.WHOIS.MINT and a single “home page” domain to provide access to the TLD’s WHOIS database.
Applicant will implement in its internal policies, and its Registrar, Registry and Registration agreements will ensure that all registered domain names in the TLD will be subject to a Domain Name Anti-Abuse Policy (“Abuse Policy”).
The Abuse Policy will provide Applicant with broad power to suspend, cancel, or transfer domain names that violate the Abuse Policy. Applicant will publish the Abuse Policy on its home website and clearly provide Applicant’s Abuse Point of Contact (“Abuse Contact”) and its contact information. This information shall consist of, at a minimum, a valid e-mail address dedicated solely to the handling of abuse complaints, and a telephone number and mailing address for the Abuse Contact. Applicant will ensure that this information will be kept accurate and up to date and will be provided to ICANN if and when changes are made. In addition, with respect to inquiries from ICANN-Accredited registrars, Applicant’s registry services provider, Neustar, shall have an additional point of contact to handle requests by registrars related to abusive domain name practices.
Inquiries addressed to the Abuse Contact will be automatically copied and forwarded to the Registry Services Liaison(s), who will review and, if applicable, remedy any Complaint regarding an alleged violation of the Abuse Policy as described in more detail below.
The Abuse Policy will state, at a minimum, that Applicant reserves the right to deny, cancel, or transfer any registration or transaction, or place any domain name(s) on registry lock, hold, 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 Applicant, as well as its affiliates, subsidiaries, officers, directors, and employees; (4) per the terms of the registration agreement or any agreement Applicant has with any party; (5) to correct mistakes made by the Applicant, registry services provider, or any registrar in connection with a domain name registration; (6) during resolution of any dispute regarding the domain; and (7) if a registrant’s pre-authorization or payment fails.
The Abuse Policy will define the abusive use of domain names to include, but not be limited to, the following activities:
• Illegal or fraudulent actions: use of the Applicant’s or Registrarʹs services to violate the laws or regulations of any country, state, or other applicable jurisdiction, or in a manner that adversely affects the legal rights of any other person;
• Spam: use of electronic messaging systems from email addresses from domains in the TLD to send unsolicited bulk messages in violation of applicable laws. The term applies to e-mail spam and similar abuses such as instant messaging spam, mobile messaging spam, and the spamming of Web sites and Internet forums;
• Phishing: use of counterfeit Web pages within the TLD that are designed to trick recipients into divulging sensitive data such as usernames, passwords, or financial data;
• Pharming: redirecting of unknowing users to fraudulent Web sites or services, typically through DNS hijacking or poisoning;
• Willful distribution of malware: dissemination of software designed to infiltrate or damage a third-party computer system without the ownerʹs consent. Examples include, without limitation, computer viruses, worms, keyloggers, and trojan horses.
• 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. Fast-flux techniques use DNS to frequently change the location on the Internet to which the domain name of an Internet host or name server resolves. Fast flux hosting may be used only with prior permission of PIR;
• Botnet command and control: services run on a domain name that are used to control a collection of compromised computers or ʺzombies,ʺ or to direct denial-of-service attacks (DDoS attacks);
• Illegal Access to Other Computers or Networks: illegally accessing computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individualʹs system (often known as ʺhackingʺ). Also, any activity that might be used as a precursor to an attempted system penetration (e.g., port scan, stealth scan, or other information gathering activity);
• Distribution of Pornography;
• Online Sale or Distribution of Illegal Pharmaceuticals;
• Non-intended Use: use of the domain name other than that which was stated during the registration, without a change of intended use accepted by Applicant;
• Cybersquatting: registration of a domain name confusingly similar to a third party’s name or trademark without any legitimate interest in the name and in bad faith;
• Domain Kiting⁄Tasting: registration of domain names to test their commercial viability before returning them during a Grace Period;
• Non-intended Use: use of the domain name other than that which was stated during the registration, without a change of intended use accepted by Applicant;
• Reselling Domain Names: since Applicant will be the only registrant for the foreseeable future, resale of a domain name will not be accepted by Applicant or any registrar.
Domain Anti-Abuse Procedure
Applicant will provide a domain name anti-abuse procedure (“Abuse Procedure”) modeled after the U.S. Digital Millennium Copyright Act’s notice-and-takedown procedure.
At all times, Applicant will publish on its home website the Abuse Policy and Abuse Procedure and the contact information for the Abuse Contact. Inquiries addressed to the Abuse Contact will be addressed to and received by Applicant’s Registry Services Liaison(s) who will review and, if applicable, remedy any Complaint regarding an alleged violation of the Abuse Policy.
Applicant’s Registry Services Liaison(s) will first review the Complaint and make an initial evaluation to see if the Complaint reasonably falls within an abusive use as defined by the Abuse Policy. If not, the Abuse Contact will write a timely correspondence to Complainant stating that the subject of the complaint clearly does not fall within one of the delineated abusive uses as defined by the Abuse Policy and that Applicant considers the matter closed (understanding that a revised Complaint, with material information that shows it to fall within the scope of the policy, may be resubmitted).
If the initial evaluation does not resolve the matter, the Registry Services Liaison(s) will timely give the Complaint a full review. If an abusive use is determined, the Abuse Contact will alert the registry services provider to immediately suspend the resolution of the domain name. The Registry Services Liaison(s) will then immediately notify the registrant of the suspension of the domain name, the nature of the complaint, and provide the registrant with the option to respond within a timely fashion or the domain name will be canceled.
If the registrant responds within a timely period, its response will be further reviewed by the Registry Services Liaison(s), along with Applicant’s or its parent’s legal counsel, if necessary or advisable. If the Registry Services Liaison(s) is satisfied by the registrant’s response that the use is not abusive, the Registry Services Liaison(s) will submit a timely request to the registry services provider to unsuspend the domain name. The Abuse Contact will then timely notify the Complainant that its complaint was ultimately denied and provide the reasons for the denial. If the registrant does not respond within a timely fashion, the Abuse Contact will notify the registry services provider to cancel the abusive domain name.
This Abuse Procedure will not prejudice either party’s election to pursue another dispute mechanism, such as URS or UDRP.
With the assistance of its back-end registry services provider, Applicant will meet its obligations under Section 2.8 of the Registry Agreement to take reasonable steps to investigate and respond to reports from law enforcement and governmental and quasi-governmental agencies of illegal conduct in connection with the use of its TLD. Accordingly, Applicant will timely respond to legitimate law enforcement inquiries. Any such response shall include, at a minimum, a timely acknowledgement of receipt of the request, questions or comments concerning the request, and an outline of the next steps to be taken by Applicant for a timely resolution of the request.
In the event such request involves any of the activities which can be validated by Applicant’s Registry Services Liaison(s) and involves the type of activity set forth in the Abuse Policy, Abuse Contact will timely notify the registry services provider to either suspend or cancel the domain name. If the Registry Services Liaison(s) determines that it is not an abusive activity, Abuse Contact will timely provide the relevant law enforcement, governmental and⁄or quasi-governmental agency that information, along with a compelling and clear explanation and argument to keep the name in the zone.
Orphan Glue Removal
As the Security and Stability Advisory Committee of ICANN (SSAC) rightly acknowledges, although orphaned glue records may be used for abusive or malicious purposes, the “dominant use of orphaned glue supports the correct and ordinary operation of the DNS.” See http:⁄⁄www.icann.org⁄en⁄committees⁄security⁄sac048.pdf.
While orphan glue often supports correct and ordinary operation of the DNS, Applicant understand that such glue records can be used maliciously to point to name servers that host domains used in illegal phishing, bot-nets, malware, and other abusive behaviors. Problems occur when the parent domain of the glue record is deleted but its children glue records still remain in DNS. Therefore, when Applicant has written evidence of actual abuse of orphaned glue, Applicant will take prompt action to remove those records from the zone to mitigate such malicious conduct.
Applicant’s registry service operator will run a daily audit of entries in its DNS systems and compares those with its provisioning system. This serves as an umbrella protection to make sure that items in the DNS zone are valid. Any DNS record that shows up in the DNS zone but not in the provisioning system will be flagged for investigation and removed if necessary. This daily DNS audit serves to not only prevent orphaned hosts but also other records that should not be in the zone.
In addition, if either Applicant or its registry services operator becomes aware of actual abuse from orphaned glue on its own, such glue records will be timely removed from the zone.
Applicant will provide WHOIS accessibility in a reliable, consistent, and predictable fashion in order to promote Whois accuracy. The Registry will adhere to port 43 WHOIS Service Level Agreements (SLAs), which require that port 43 WHOIS service be highly accessible and fast.
Applicant will offer thick WHOIS services, in which all authoritative WHOIS data—including contact data—is maintained at the registry. Through Applicant’s registrar and registry services operators, Applicant will maintain timely, unrestricted, and public access to accurate and complete WHOIS information, including all data objects as specified in Specification 4. Moreover, prior to the release of any domain names, Applicant’s registrar will provide Applicant with an authorization code to verify eligible registrants, and Applicant will provide registrar with proper registrant contact information. Upon registration, registrar will verify the authorization code and contact information before the prospective registrant is allowed to proceed.
In order to further promote WHOIS accuracy, Applicant will offer a mechanism whereby third parties can submit complaints directly to the Applicant’s Registry Services Liaison(s) (as opposed to ICANN or the sponsoring registrar, MarkMonitor) about inaccurate or incomplete WHOIS data. Such information shall be forwarded to the registrar, who shall be required to address those complaints with registrants. Within a reasonable time period after forwarding the complaint to the registrar, Applicant’s Registry Service Liaison(s) will examine the current WHOIS data for names that were alleged to be inaccurate to determine if the information was corrected, the domain name was deleted, or there was some other disposition. If the registrar has failed to take any action, or it is clear that the registrant was either unwilling or unable to correct the inaccuracies, Applicant reserves the right to suspend the applicable domain name(s) until such time as the registrant is able to cure the deficiencies.
In addition, Applicant’s Registry Services Liaison(s) will, at least twice per year, perform a manual review of a random sampling of domain names within the applied-for TLD to test the accuracy of the WHOIS information. Through this review, the Registry Services Liaison(s) will examine the WHOIS data for evidence of inaccurate or incomplete WHOIS information. In the event that such errors or missing information exists, it shall be forwarded to the registrar, who shall be required to address such deficiencies with registrants. Within a reasonable time period, the Registry Services Liaison(s) will examine the current WHOIS data for names that were alleged to be inaccurate or incomplete to determine if the information was corrected, the domain name was deleted, or there was some other appropriate disposition. If the registrar has failed to take any action, or it is clear that the registrant was either unwilling or unable to correct the inaccuracies, Applicant reserves the right to suspend the applicable domain name(s) until such time as the Registrant is able to cure the deficiencies.
Abuse Prevention and Mitigation – Domain Name Access
All domain name registrants will have adequate controls to ensure proper access to domain functions.
In addition to the above, all domain name registrants in the applied-for TLD will be required to name at least two (2) unique points of contact that are authorized to request and⁄or approve update, transfer, and deletion requests. The points of contact will establish strong passwords with the registrar that must be authenticated before a point of contact will be allowed to process updates, transfer, and deletion requests. Once a process update, transfer, or deletion request is entered, the points of contact will automatically be notified when a domain has been updated, transferred, or deleted through an automated system run by Applicant’s registrar.
Similar gTLD applications: (2)
|gTLD||Full Legal Name||E-mail suffix||z||Detail|
|.intuit||Intuit Administrative Services, Inc.||markmonitor.com||-4.69||Compare|
|.hbo||HBO Registry Services, Inc.||markmonitor.com||-4.38||Compare|