Internet Commerce Association releases eight guidelines for members.
Internet Commerce Association (ICA), a non-profit group created to represent the rights of domain name owners, has released a code of conduct its members must abide by. By addressing issues such as domain kiting and cybersquatting head on, ICA can diffuse some of the heat trademark lawyers and big companies are applying to the industry.
The eight rules are tightly crafted and some of them leave a bit of wiggle room given their language. I’ve emphasized certain words that may be open to interpretation.
Protection of Intellectual Property Rights: A registrant shall follow accepted trademark law and respect the brands and trademarks of others. Members will not intentionally and in bad faith register and use a domain name that is identical or confusingly similar to a trademark or service mark. Registrants shall respond promptly to legitimate disputes relating to alleged infringement of intellectual property rights.
That seems reasonable. “Intentionally” leaves a bit to interpretation. A lot of domain owners use automated means to register domains. They could argue they didn’t “intentionally” register the domain.
Domain Name Tasting: Members should be supportive of changes in ICANN policy or self-driven registry initiatives that end abusive domain name tasting, including such market-based approaches as a restocking fee. All activity related to domain name registration should respect all other areas of the Code of Conduct, most notably including protection of intellectual property rights.
Domain Name Kiting: A registrant has the responsibility to pay the registration cost of a domain name when used beyond the applicable Add/Grace period. A registrant should not abuse the applicable Add/Grace period by serially deleting and re-registering a domain name with the intent of avoiding payment for such registration and use, a process commonly referred to as “domain kiting.â€
ICA is a big fan of “restocking fees”, which is a market-based approach to curtail domain tasting and end kiting. CADNA, an organization backed by ten large companies, is taking more of a legal approach to end these practices.
Strict Adherence to Internet Fraud Laws: Members of the ICA are committed to adhering to all applicable laws that seek to curb and control Internet fraud and abuse. Cybersquatting, the practice of registering and reserving an Internet domain name for the purpose of reselling it to the rightful owner at an inflated price, is condemned; as are practices such as phishing, which is the process of attempting to obtain the personal information of unsuspecting Internet users for illicit purposes.
This is a good rule. However, I’m surprised that ICA used the term “rightful owner” here. I suppose that means a trademark owner, but it leaves some room for interpretation that could broaden the definition of cybersquatter. It also leaves out from the definition of cybersquatter someone who registers a trademark domain for pay-per-click revenue.
Access to Accurate WHOIS Data: A registrant will provide accurate domain name ownership and contact information to the WHOIS database in a timely manner so that domain name ownership is transparent. While a registrant may use a proxy service or other accepted means of privacy protection, a registrant should provide a timely response to any inquiry passed on via such proxy or related service or received directly when such service has complied with a lawful request for contact information.
Lawful Content: A registrant’s usage of domain names shall follow applicable laws and regulations and a registrant shall not use domain names for unlawful purposes. A registrant shall avoid registering a domain name which suggests the availability of content or the provision of goods or services are unlawful.
No one will argue with those rules.
Respect for Human Suffering and Victims of Tragedy: A registrant should be respectful of persons and communities involved in tragedy. A registrant should not intentionally register a domain name related to a current or historical event involving human suffering or tragedy where the primary purpose of such registration is commercial profit.
That’s an interesting one I had not thought of. There has been a lot of media attention on people registering domains related to tragedies, such as the Virginia Tech massacre. It paints domain registrants in a negative light. In reality, the only people registering these domains are domain rookies and other people trying to make a quick buck…and they rarely do.
Protection of Names of Persons: A registrant should acknowledge that persons are known by their name. A registrant should not intentionally register a domain name that incorporates the name of another person for the purpose of intentional defamation or slander. Domain names that incorporate the name of a famous person should not be used in a manner that suggests a non-existing endorsement.
This is interesting, and I think the ICA meant to say “libel”, not “slander”. Libel is written, slander is spoken. A statement on a web site is most likely libel. Also, this rule leaves open registering the domain of a person for profiting from pay-per-click or resale.
In summary, I applaud ICA’s introduction of the code of conduct. As recently as June, ICA hadn’t taken a firm position on domain tasting. With new Executive Director Michael Collins on board, ICA seems to be moving forward.
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