The NSI user agreement controls here, and it gives NSI the discretion to do whatever it wants in the event they believe that the name was stolen. Sex.com is irrelevant, as that was many revisions of the user agreement back in history. Obviously, their user agreement has been amended in view of what happened in that case, among other things.
NSI is not unique in that regard, though.
Your domain names are only as secure as your email. If your email is compromised or hacked then, yes, your domain names can be stolen. Neither NSI nor any other registrar can secure your email for you, and their systems will act in accordance with messages confirmed by the admin contact email.
Many people make claims of "stolen" domain names to registrars, when the names are not actually stolen. How many people do you expect a registrar is required to employ as investigators of these claims, when the margin on a domain name registration is a couple of dollars?
So, let's recap a common scenario.
Able has a domain name able.com. He uses
[email protected] as his contact address for his domain registration account. One day, Able is sitting in an airport using a T-mobile connection to access his email. Also in the airport is a hacker with packet sniffing software. The hacker obtains Able's yahoo password.
Next, the hacker uses the password recovery feature of NSI to get the password sent to
[email protected], and the hacker now has access to Able's NSI account. The hacker carefully deletes traces of this activity from the yahoo inbox on Able's account.
Using the NSI account, the hacker pushes the domain name to another NSI account, and sells the domain name to Baker for $10,000.
Able discovers his account has been hacked, and he contacts NSI and shows that the domain name was stolen.
Okay, now, explain to me the following:
1. What is it that NSI did wrong?
2. What should NSI do?
3. How is any other registrar immune from this problem?
Discuss.
I am particularly interested in
any answer which reduces to an assertion that Able or NSI owes Baker $10,000 in the event that the domain name is returned to Able.
And now I will tell you what really makes me outstandingly unsympathetic to Baker here.
I have never - NEVER - paid $10,000 to someone who's identity I have not personally confirmed. Whence cometh this bullshit about "Escrow.com has the bank account information", you tell me what
YOU did to confirm that you weren't paying $10,000 to, for example, someone raising funds for terrorism.
Grow up and take some responsibility. You entered into a business deal, and you did so in a way that provided you with
no legal recourse because YOU can't even IDENTIFY who it is you were dealing with? And you want to blame someone else for that?
Sorry. I'm calling bullshit on this entire class of claims. It is absolutely fine if you want to negotiate with and send money to
[email protected] via paypal, and if you want to do business that way. But the bottom line is that the person who owes you the $10k is the person you sent it to. And if you did not take ordinary and prudent steps to secure the information that would be necessary to identify that person when you sent them the money, then it is not NSI's fault, it is not the hi-jacking victim's fault, it is YOUR OWN DAMNED FAULT.
We've seen this scenario how many times now? And how many times are we going to see it as long as people conduct this business with the same level of commercial propriety as, say, dealing drugs or turning tricks?
Yesterday on the stair,
I met a man who wasn't there,
He wasn't there again today,
I wish to God he'd go away.
Stop buying domain names from that guy.
(MJ is the brains of the operation here.)