FBI and recovering stolen domains

[Dave Zan]

Isn't NSI the registry? It seems surprising they would return anything or assist with anything.

Nope. VeriSign runs the .COM/.NET Registry, and they sold majority ownership
of NetSol sometime this year (just search about it in google).

But I suspect Godaddy might be more encouraged to grant an exception to their policy when the FBI confirms that the domain is stolen.

Even if the FBI confirms the domain name is stolen, what law can they tell Go
Daddy that has been broken? Although I'm not a lawyer, I'm sure the FBI can't
say, for example, property laws are broken because...well...they'll have a hard
time proving ownership of the domain name, especially since its last registrant
was a bankrupt company.

If you think about it, only a court can decide, with finality, the ownership of a
domain name. The FBI may have to go that route, but I doubt they'll be that
interested enough to do that.

The domain isn't valuable enough to justify thousands of dollars in civil court, its a premium generic but its not in the same category as indiana.com etc.

If that's the case, why not let it go and move on? A domain name is valuable
enough if its owner spends time, money and effort promoting it and provides a
product or service people are willing to pay for in association with it.

Maybe it's the principle. But is the principle worth fighting for?

 

[chatcher]

Isn't NSI the registry? It seems surprising they would return anything or assist with anything.

No, Network Solutions is a registrar, just like Godaddy and Melbourne IT. They were spun off of the registry a while back, which is run by Verisign. (I think Verisign still owns a piece of NSI.)

Think of it this way, the bankrupt company has a contractual relationship with Melbourne IT, not with GoDaddy and not with Verisign. Both Melbourne IT and GoDaddy have contractual relationships with Verisign and ICANN. The bankrupt company can exert some influence on Melbourne IT, but on none of the others. Melbourne IT can exert some influence on Verisign, but not on GoDaddy. Verisign and ICANN can both exert some influence on GoDaddy.

In theory, anyway.

 

[Dave Zan]

Melbourne IT can exert some influence on Verisign, but not on GoDaddy. Verisign and ICANN can both exert some influence on GoDaddy.

In theory, anyway.

Off topic, that can occur when the new transfer policies go live soon. But even
that will be put to the test if and when 2 registrars avail of the new transfer
dispute resolution provisions.

Unfortunately, even those transfer dispute provisions are doubtful. :disappoin

 

[jberryhill]

Chatcher is correct. If Melbourne IT tells GoDaddy that the registrar transfer was itself fraudulent or erroneous, that would be progress.

 

[Nameable]

dragon - listen to chuck and do what he says.

I've been in the same situation and the only thing that worked (got the domain back) was when I contacted the old registrar's support (cc ICANN) explaining that I had not placed the transfer order and that neither registrar had received authorization from me to proceed with a transfer.

The old registrar disputed the xfer and got the name back. Fortunately the nameservers were never changed, so I didn't lose anything but time.

And when I say "you" should contact the registrar, I mean you should send an email from the previous admin/registrant contact email. If the old registrar requires faxed or mailed documentation, don't complicate matters by stating that you are acting on behalf of the previous owner (himself a trustee) who sold you the domain... that's got to sound incredibly fishy to them. Instead have the trustee send the documents.

 

[help118]

Thats a sad news from You

 

[Bashar]

my advise contact domain lawyer to get it back for you.

so many domain cases which domains was stolen with some investigations and if the theif doesn't have prove of purchase the domain can always be returned.

 

[GeorgeK]

Exactly, Bashar. Most thieves can't stand the heat, and will give up the domain eventually.