Overview
• Background – the facts
• Relevance of the judgement for domain name registries
• Lessons learned
Attacks on WHOIS
• January 2003, sustained data-mining attack on WHOIS database, using multiple proxies
• 24 January 2003, Nominet takes “drastic and unprecedented step” – suspension of WHOIS service.
• Late February 2003, mailout to over 50,000 .uk registrants
• Nominet receives hundreds of complaints
• Many believed them to be renewal notices
• Nominet received some cheques
Registrant’s name andaddress“Errors precisely match errors in.uk database records as atJanuary 2003”
Invoices
SW1Y 4J5
33 StJames’sSquare
(UK) InternetRegistry Ltd
- Seyshelles CoNo 011340
P: 0800 0360059F:0800 036 0058
HQ Global: contact Louise Sheppard on 020 7814 7349, who passed me to Michelle Simon,Director of Ops. She confirmed that UKIR had been client but had been served notice when TSD
(et al) started investigation. Mail handing client - based in Australia. Has sent details, including andemail which they were sent by Chesley Rafferty accusing us of slander.
ukinternetregistry.com
ukinternetregistry.co.uk
euregistrars.com
TNT Australia - contactHilton [email protected]
Brad(ley)Norrish
DiverseInternet
di.com.au
Contact Details: PO Box6122 Perth WA 6892P: + 61.89 22 52 100F: + 61. 8921 89980
registrations.com.au
registrations.com
brad.com.au
TUCOWS-CA
eNom
Registr Add: 1040 Avenue ofthe Americas, New York, NY
10018, USAP: (per.uk) +61.403 289 113P: (per.com) +61 892252100F: (per com) 61.89 22 57 275
irww.comInternet
RegistrationsWorld Wide
DNSOcomplaint
iregistrations.com
internetregistrynz.com
Domain NamesAustralia, 167 Collins
Street, Melbourne3000
P: +61. 396 605 900F: + 61 396 86 22 99
dnsworldwide.com
domainsaustralia.com.au
zoneedit.com
Internet Registry Pty Ltd t/a‘Netregister’ and
‘Webregister International’
internetregistry.com.au
Internet Registrations Australia Pty Ltd
internetlink.com.au
Trouble withauDA
Australian DomainNews Article: IRA toprovide refunds after
AustralianCompetitionCommission
investigation re:renewal notices
webregister.com.au
ira.com.au
isOn
Is On
Is On
Sent/sent by
Ran Address
Website gives address as
Is website for
WHOIS - DNS
Contact Email
Tag Holder
Return address is
Contact numbers onWHOIS
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tact nam
e
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OIS
- DN
S
WHOISdetails
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to
WHOIS-DNS
ChallengerRegistration
Services
WHOIS-DNS
Contact details email
Registered To
Registrant email:[email protected]
registrant
PO Box 360Osborne Park
WA6917Australia
WHOIS-DNS
Tech Address
about
WHOIS
WHOIS - DNS
WH
OIS
details
Reg
istered throu
gh
Refers toMisleadingInvoices
Website a
t
Contact email
Registered to
WHOIS-DNS
registered toContact email atWHOIS-DNS
WHOIS-DNS
WH
OIS
- Con
tact em
ail
WHOIS-DNS
Domain Names Australia Pty LtdACN: 102562649
Registered To
BNconfirmed
link ininterview
TPP Registrar
Registered Through
RegisteredThrough
wasp.au.comWest Australian
Service Provider:Russ Cavell
conceptual.net.auConceptual Internet
Australia Pty Ltd
Contact email @wasp
WHOIS - DNS
WHOIS _ DNS
Registere
d throug
h
Reg
istered throu
gh
Addre
ssgiven
as
WHOIScontactname
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Co. for .us
registrationsArticle links to
Registrant [email protected]
Registrant Contact name
Re
gistered to
Registered To
Registered To
Is a d
irector of
WHOIS-DNS
Same AUmobilenumber
Office is: Office 14,First Floor, TrinityHouse, Victoria,
Mahe, Seychelles
Their email
Forwardingaddressalmost
identical to
Emailsenderaddressdomain
ChesleyRafferty Email address at
In e
ma
il, CR
calls U
KIR
‘we
’
Refers to ‘brad’ in email
Dire
ctor
Misleading Invoices
WHOIS address
Internet as a source ofinformation
Events just before trial
• 4 defendants admit liability on the Friday before the trial, but still contend that the notices were not deceptive
• Bradley Norrish contests all liability
• The defendants don’t intend to cross examine any witnesses, and lead no evidence themselves.
Relevance to domain name registries
• There is copyright in the register database, AND the Whois database
– Importance of copyright assignments
– What’s the position for split registries (eg auDA)?
• The term “registry” has a specific meaning within the DNS
“...even if unaware of theexistence of Nominet UK,
would be aware of theexistence of a singleadministrator” for .uk
Also of interest…
• Quotes from RFC 1591
– “Dr Postel succinctly described the DNS thus…”
• Quotes from CENTR position on WHOIS, and WIPO ccTLD Best Practices
– Relevant in establishing that information about domain name registrations is made available free of charge through WHOIS
The evidence against Brad
• Domain name records with SWIY 4J5 link to Brad
• E-mails from January 2003, showing Brad was involved in the design of the notices
• About a returned cheque from the London office, Brad says:
“If this happens at piccadilly I’m going straight over there”
• French J, “It lies beyond the limits of credulity to suppose that Mr Norrish had no idea”
Judgment on damages, December 2005
• Damages of AU $810,953 for infringement of copyright
– “notional licence fee”
– Doesn’t matter that we would never have licensed
– The database “lay at the heart of Nominet’s business”
– “The significance of the Database was illustrated by the lengths to which Nominet had gone to keep it confidential and to prevent it from being copied”
Judgment on damages
• Additional damages for flagrancy of breach AU $500,000
– Equal highest ever awarded by an Australian court
– “I accept…the need to deter similar infringements of copyright”
• Costs
Lessons learned
• Conducting litigation across national borders
• Using offline laws
• Getting the interest of the relevant authorities