I am going to discuss a very important matter... Its domains law.
As you know transfer of domains confirmed by Admin Contact of domains...
So the metter is...
If a website e.g. ABC.COM running and also much popular...
the admin contact of this domian is DEF@XYZ.com...
If XYZ.COM expires and registered by third person.
this third person apply for transfer domain ABC.COM.
and also reply because he receiving all email of XYZ.COM.
Domain ABC.COM also transfer to third person.

I want to know are the origional owner of ABC.COM have any rights in law for reget ABC.COM.???
Remember its mistake of origional owner of ABC.COM that he not care his domain ABC.COM Admin Contacts.

Waiting.....

Basically you want to rip off somebody elses domain name?

Yes the owner of the domain is at fault for not keeping the contact info up to date, but any decent person wouldn't even consider doing that.

I'm not sure about the exact legal position on that, but i would presume that as you need to make claim to being that person at somepoint during the transfer then it would be illegal, at least i hope it would be.

In my book i'd still class that as fraud.

And have i seen you post this on another forum before? can't think where it might have been.

It's illegal. Only the legal owner of a domain name can transfer a name. Since that person(s) paid for 1 year or more of registration, he owns the domain name for that amount of time. Therefore, you do not have the power to take it from him. If you do so, it's not theft, and probably fraud, and you will go to jail if you get caught. Just because you CAN get control of the domain, does not mean you own it. Didn't you ever hear about the whole Sex.com thing? That's basically what you're talking about doing.

It's called DOMAIN HI-JACKING

It's called DOMAIN HI-JACKING ... So 3 of my domains HI-JACKED..

what will be the maximum palinty for the Admin, from the
court, when he is found gulity.

If your names were hijacked this way, your an idiot.

But yes, the act is illegal

It is not illegal. I wouldn't do it, so don't get me wrong, it is immoral.

There is a requirement of Icann that you keep acurate information on your domain name for all contacts.

I was a supervisor for a very large Registrar for quite some time.

If you don't keep ALL information on your account accurate at all times there is nothing you can do if someone takes the domain.

By assigning an admin you are giving them permission to move your domain.

I know at the big registrar that I did work at, they send a notice to the Registrant, not the admin when a domain is being transfered out. That is general knowledge, so I am not breaking any agreement by telling you all that information.

The gaining registrar only emails the admin listed in whois, because that is all they can see.

Any questions, let me know. Hoped this helped.

John

Originally posted by john77jr
It is not illegal. I wouldn't do it, so don't get me wrong, it is immoral.

There is a requirement of Icann that you keep acurate information on your domain name for all contacts.

I was a supervisor for a very large Registrar for quite some time.

If you don't keep ALL information on your account accurate at all times there is nothing you can do if someone takes the domain.

By assigning an admin you are giving them permission to move your domain.

I know at the big registrar that I did work at, they send a notice to the Registrant, not the admin when a domain is being transfered out. That is general knowledge, so I am not breaking any agreement by telling you all that information.

The gaining registrar only emails the admin listed in whois, because that is all they can see.

Any questions, let me know. Hoped this helped.

John


John,


Over a period of time working with domains, I now have access to many peoples accounts and domains.

I was sold domains which had an email @domainsibought.com as the account holder at the registrar and admin email on whois.

One account has close to 70 names in it.

I colsulted an internet lawyer out of delaware about this and he told me this is illegal. "Misuse of technology" or something like that.


I quite believe him, so sorry, I believe your wrong.

PS: I am aware that ICANN requires accurate WhoIs info or else the domain can be deleted.

we never looked at it that way. I am sure the lawyer was right about the misuse of technology, never thought of that.

I'll have to research with some of my contacts.

I'll get back to you as I would like to know. This could be a big deal!!!


Thanks devildude.
John

Originally posted by john77jr
It is not illegal. I wouldn't do it, so don't get me wrong, it is immoral.

There is a requirement of Icann that you keep acurate information on your domain name for all contacts.

I was a supervisor for a very large Registrar for quite some time.

If you don't keep ALL information on your account accurate at all times there is nothing you can do if someone takes the domain.

By assigning an admin you are giving them permission to move your domain.

I know at the big registrar that I did work at, they send a notice to the Registrant, not the admin when a domain is being transfered out. That is general knowledge, so I am not breaking any agreement by telling you all that information.

The gaining registrar only emails the admin listed in whois, because that is all they can see.

Any questions, let me know. Hoped this helped.

John

You're very wrong. Yes, the owner is required by ICANN to keep his contact info up to date... but assuming the owner fails to do this, does that mean that it's open season on his domain name? No. Only ICANN has the authority to enforce those rules. What you're talking about is like vigilanteism.

The bottom line is that, valid email address or not, they are the legal owners. This is a very serious issue, because domains are vastly being considered as intellectual properly by many courts and such. Just because you get access to someones email address, does not mean you can steal their domain.

Let me put this in another term. Lets say you're walking down the street and find a car key that someone dropped next to their car. Does this give you the right to get in their car and drive off with it? Absolutely not. It still belongs to them, and it would be car theft. This is the same with domain names.

I sincerely hope no one here tries to hi-jack a domain name. Unfortunately, many do, because laws aren't strict enough yet. It will take some kid getting thrown in jail for a few years to smarten up all the little domain hi-jackers out there.

starghost, You are exactly right with your example.

I hope that the laws are made more strict with this kind of stuff.

John

What will be the maximum palinty for the Admin, from the
court, when he is found gulity...

Lets say you're walking down the street and find a car key that someone dropped next to their car. Does this give you the right to get in their car and drive off with it? Absolutely not. It still belongs to them, and it would be car theft. This is the same with domain names.

I thin this is not correct example. Admin contacts not key ... its
a white paper with your sign and you accidently drop it near your car.
If some one get this paper he use this paper to transfer
you Car.

Originally posted by awaistariq
What will be the maximum palinty for the Admin, from the
court, when he is found gulity...

Amputation of the 4 limbs, followed by the death penalty.

A little off topic, but does anyone here know a link to a page on ICANN that explains the following comment that was made above.

"ICANN requires accurate WhoIs info or else the domain can be deleted".

Also, do you know if this sort of thing is also mentioned on network solutions?

Thanks.

Well section 4 of the service agreement at Network Solutions states

4. ACCURATE INFORMATION. You agree to: (1) provide certain true, current, complete and accurate information about you as required by the application process; and (2) maintain and update according to our modification procedures the information you provided to us when purchasing our services as needed to keep it current, complete and accurate. We rely on this information to send you important information and notices regarding your account and our services. You agree that VeriSign (itself or through its third party service providers) is authorized, but not obligated, to use Coding Accuracy Support System (CASS) certified software and/or the National Change of Address program (and/or such other systems or programs as may be recognized by the United States Postal Service or other international postal authority for updating and/or standardizing address information) to change any address information associated with your account (e.g., registrant address, billing contact address, etc.), and you agree that VeriSign may use and rely upon any such changed address information for all purposes in connection with your account (including the sending of invoices and other important account information) as though such changes had been made directly by you.

http://www.networksolutions.com/en_US/legal/static-service-agreement.jhtml

Let me put this in another term. Lets say you're walking down the street and find a car key that someone dropped next to their car. Does this give you the right to get in their car and drive off with it? Absolutely not. It still belongs to them, and it would be car theft. This is the same with domain names.

Don't see the similarity myself, cause in the domain situation it would be more akin to me giving the keys to a friend and telling him he could use the car/ take it to the garage/ wash it etc and then try to get him done for car theft when he did!!.

If you are unwise enough to not have a trusted admin contact and it is transferred out, I do not see this as illegal I would say this is a cival matter and one that would require a cival action or the use of a dispute resolution service.
By virtue of this you have given this person administration rights without restrictions so do not complain when he administers.

Originally posted by awaistariq
I thin this is not correct example. Admin contacts not key ... its
a white paper with your sign and you accidently drop it near your car.
If some one get this paper he use this paper to transfer
you Car.

Listen, I don't know where you come from, but just because you HAVE the power to do something, does not mean it is legal. I know it would be nice if everything in the world were "finders keepers" but it's not like that. What you just described above is called fraud and it's one of the most serious crimes in america. I almost hope that you do steal someone's domain. Some jailtime might do you some good.

Originally posted by Goldwing
Don't see the similarity myself, cause in the domain situation it would be more akin to me giving the keys to a friend and telling him he could use the car/ take it to the garage/ wash it etc and then try to get him done for car theft when he did!!.

If you are unwise enough to not have a trusted admin contact and it is transferred out, I do not see this as illegal I would say this is a cival matter and one that would require a cival action or the use of a dispute resolution service.
By virtue of this you have given this person administration rights without restrictions so do not complain when he administers.

There is a difference. You gave your friend permission to use your car. It's the same when selling a domain name on the internet. I get paid through paypal, then I give the domain over to the person who paid it. I'm selling him the domain.

I'm shocked that so many people think it's legal to steal a domain name, just because they can get access to the e-mail account? The domain name still belongs to him, still in his name. That person paid for 1 year of registration and he owns it for 1 year, unless he sells it, or ICANN takes it away from it. That's the bottom line.

If you guys don't want to believe me, then go ahead and hijack some domains. Eventually you'll get caught, and then what happens? Your mommy and daddy won't beable to protect you.

Originally posted by StarGhost
There is a difference. You gave your friend permission to use your car. It's the same when selling a domain name on the internet. I get paid through paypal, then I give the domain over to the person who paid it. I'm selling him the domain.

I'm shocked that so many people think it's legal to steal a domain name, just because they can get access to the e-mail account? The domain name still belongs to him, still in his name. That person paid for 1 year of registration and he owns it for 1 year, unless he sells it, or ICANN takes it away from it. That's the bottom line.

If you guys don't want to believe me, then go ahead and hijack some domains. Eventually you'll get caught, and then what happens? Your mommy and daddy won't beable to protect you.

What an absolutely ignorant and abusive reply.

I have been in the domain business since 1996 which is a lifetime compared to most on here and probably you.

In fact you are not selling him the domain!! you are providing the registration service, there is a difference

The point is was making, if you give your car keys or your house keys to a criminal then dont expect your insurance company not to put you at least partly to blame. This is the same effect as giving out admin permissions on your domain. By and large many registrants give the admin rights to their ISP which worlks well for them until they want to transfer, the main problem is uneducated registrants who DO NOT understand the implications of allowing separate admin details, this in turn is the fault if ICANN ( or other registries) who allow this.

Most registrants welcome a qualified person to admin their domain for them however if they choose the wrong person then who is to blame?, just look at the amount of kids on this forum running domain "registries" that in itself is a major problem for the future - who do I blame for that ? firmly back to the Enom's etc of this world who do not give a shi* about the registrant just how many domains they can sell!!! If the registrant pays peanuts for their domain then they can expect monkeys providing the service.

I am old enough and long enough in the tooth to remember Network Solutions rules for registrant transfer which required almost a court order to have things changed, now it is a simple process for either admin or in fact anyone with access to the control panel.

I never at any time claimed this was right just that the registrant is partly to blame for the situation whether through lack of education or indeed by their ISP/registry.

Now if you care to go and pick up the dummy you spat out you may ( or may not agree )with what I am saying

Listen, I don't know where you come from, but just because you HAVE the power to do something, does not mean it is legal. I know it would be nice if everything in the world were "finders keepers" but it's not like that. What you just described above is called fraud and it's one of the most serious crimes in america. I almost hope that you do steal someone's domain. Some jailtime might do you some good.

ha ha... No i have no power. I also agree its fraud. And I am from out side of USA...

But Its common problem and can be held with any person.
So I suggest to all webmaters please recheck there domains whois... and close any back door for your domain.
If you reget your domain but during the reget domain much time, money wasted ... and if you site is soo famous visitor also disturb... much effect on your business...
But still not clear by any one ... when we have like this situation ... what happen with both theif and real owner...
money??, palinty??, law


:bawling:

Listen up junior, i'm talking about the law here. If I leave my keys sitting on some steps, no one has the right to take them and drive off in my car. If I leave my wallet sitting around on a bench, no one has the right to take it. Yes, it's a stupid thing to do, but it's the law. Whether the laws make sense or not, doesn't matter.

You sit here and say you're not debating that is it illegal, yet you are trying to justify that morally it's ok? Give me a break, make up your mind and stop contradicting yourself. How hard is it to understand? When I register a domain name, I put it in my name and I pay for it. I own the domain now. If doesn't matter if my email expires, it's still my name.

Yes, I should have kept my contact info up to date, but I didn't. Oops. That's against ICANN's regulations. So guess what? Let ICANN deal with it and stay the hell out of it. No one has a right to interfere with that. The contact is between ICANN and the person who registered the domain name.

I'm sitting here arguing with you though, and I still can't figure out what your point is. Are you trying to justify to me that people are stupid? Don't bother, I already know that. Are you trying to tell me that people who forget to update their emails should be "punished"? Don't bother, I already know that. But taking matters into your own hands is the stupidest thing you can do. You must have a really boring social life. What do you do, sit around all day thinking to yourself "Gee, i'm gonna go out and hijack some domain names today".

What a riot. And you can respond to this, but I won't be replying to this thread again. You're not worth getting banned over.

StarGhost


Originally posted by Goldwing
What an absolutely ignorant and abusive reply.

I have been in the domain business since 1996 which is a lifetime compared to most on here and probably you.

In fact you are not selling him the domain!! you are providing the registration service, there is a difference

The point is was making, if you give your car keys or your house keys to a criminal then dont expect your insurance company not to put you at least partly to blame. This is the same effect as giving out admin permissions on your domain. By and large many registrants give the admin rights to their ISP which worlks well for them until they want to transfer, the main problem is uneducated registrants who DO NOT understand the implications of allowing separate admin details, this in turn is the fault if ICANN ( or other registries) who allow this.

Most registrants welcome a qualified person to admin their domain for them however if they choose the wrong person then who is to blame?, just look at the amount of kids on this forum running domain "registries" that in itself is a major problem for the future - who do I blame for that ? firmly back to the Enom's etc of this world who do not give a shi* about the registrant just how many domains they can sell!!! If the registrant pays peanuts for their domain then they can expect monkeys providing the service.

I am old enough and long enough in the tooth to remember Network Solutions rules for registrant transfer which required almost a court order to have things changed, now it is a simple process for either admin or in fact anyone with access to the control panel.

I never at any time claimed this was right just that the registrant is partly to blame for the situation whether through lack of education or indeed by their ISP/registry.

Now if you care to go and pick up the dummy you spat out you may ( or may not agree )with what I am saying

lol,


I agree with stargost.

But hijacking domains could b potentially profitable, but you would get caught sooner than later.

And the practice IS illegal.

I also agreed with StarGhost!
Thanks all you for comments on this post....

StarGhost smile :D please...
i think you not understand my feeling... its only a discussion i am not hi-jacking any domain... its much bad idea...
I only suggest not only you but others also for whois control...

so brother smile and sorry if i hurt you or any other...

thanks

What a riot. And you can respond to this, but I won't be replying to this thread again. You're not worth getting banned over.

Quite right.
Try reading the thread though, I totally agree with you stating the practice is wrong, all I am saying is that the registrant/ISP should share some of the blame if it happens, whether it be ignorance or lack of education from the ISP. Ownership of the domain is not in dispute the practice of allowing the admin the ability to change that ownership is!

Try this one:
1) Give your house keys to someone you don't know ( admin contact for domain)
2) Stick a sign in your front garden saying burgle me ( whois information)
3) Contact your insurance company and tell them you have been burgled - are they going to say it was not partly your fault.

No it doesn't make burglary acceptable nor does it make your loss any less however you have failed to take proper precautions to secure your goods - now do the same scenario with a domain name.


You must have a really boring social life. What do you do, sit around all day thinking to yourself "Gee, i'm gonna go out and hijack some domain names today".

Your childish quotes demean your intentions