Managing domain names

Malaysian Business, Apr 16, 2008 by C Celestine

AS CONNECTIVITY DEFINES integration in any context, it is no exception for businesses to rely on websites to attract customers and provide information on products, services and the company. In the era of smart technology, the Internet, with the Domain Name System (DNS), electronically connects countries. Domain names take differing forms as names identifying a computer or computers on the Internet, which appear as a component of a website's URL; the product that domain name registrars provide to their customers known as registered domain names; names used for other purposes in the DNS, ie, the name following the @ sign in an email address, or the top-level domain names like .com or the names used by Session Initiation Protocol (VoIP); and web addresses.

As hostnames, domain names provide unique names instead of numeric addresses for Internet users to communicate with websites and other server-based services. Hostnames are restricted to the alphabet, 0 through 9 and the hyphen with constraints. The DNS provides multiple addresses to be assigned to a single domain name or various domain names to be assigned to a single address. The Internet Corporation for Assigned Names & Numbers (ICANN) manages the DNS by control of the root domain, but the organisation of top- level domain (TLD) remains with a domain name registry. The government of a country controls the country code top-level domain (ccTLD) registry, while generic top-level domains (gTLDs) are managed by registries cooperating with ICANN.

A domain, name and address is valued separately from the website, content and revenue. The value of a domain lies in the registration fee, which does not have a current market value. The Fair Market Value of a domain can be the registration fee, the lowest known past selling price, the highest known past selling price, the most recent selling price or the past selling price. The appraiser estimates the price on what they would like a domain to be worth with the expected revenue from the website. While revenue of a website could be estimated, the value of a domain is a matter of opinion and preference.

Domain theft

The unscrupulous selling goods or services using the same or similar names, or advertising using similar themes or slogans, cause confusion, affecting the success of a company's business. Consumer confidence in the original is eroded if a competitor's imitation product or service is inferior in quality. The registration, trafficking or use of a domain name in bad faith intending to profit from the goodwill of a trademark belonging to someone else is known as cybersquatting. As Internet advertising mushroomed, visiting domains became profitable, leading to cybersquatting flourishing.

Taking control of a domain name from the registrant - known as domain hijacking - is distinguished by a fine line from registering an expired domain name without consent from the owner. Domain hijacking covers attacks, including incidents like identity theft. A registrar is deceived into allowing the hijacker to control a domain through change of registration information.

Upon detection, certain registrars rectify the matter but others insist on legal action. Due to the lengthy and costly arbitration or legal action, owners in different countries from the hijackers do not regain control of their domain.

Malaysian Network Information Centre's Domain Name Dispute Resolution Policy (MYDRP)

`With domain names becoming moving targets for right holders, due consideration should be given to concrete policy responses,' advises WIPO Deputy Director-General Francis Gurry. Malaysia duly set about establishing the Malaysian Network Information Centre's Domain Name Dispute Resolution Policy (MYDRP). Prior to it, electronic messages were governed by the Communications and Multimedia Act 1998 (The Act). Section 179 of the Act on Technical Regulations covered control, planning and administration of numbering and electronic addressing. Section 180 covers the numbering and electronic addressing plan, while Section 181 provides for the management or maintenance of an integrated public number or electronic address database. Trademark-related disputes in regard to domain names registered with the .my country code suffix was resolved by trademark infringement, passing off, contractual obligations and tortious liabilities.

The Malaysian Network Information Centre (MYNIC) introduced the Rules of the MYDRP to resolve such trademark-related disputes. MYNIC on April 17, 2003 appointed the KL Regional Centre for Arbitration (KLRCA) as the dispute resolution service provider for .my domain name using its Supplemental Rules. MYNIC administers the name space for the .my top-level domain, under which second-level domains exist, namely, .com.my, .net.my, .org.my, .gov.my, .edu.my, .mil.my and .name.my. This involves the maintenance and operation of a domain name registry and the registration of domain names. A list of MYNIC Resellers who are partners appointed by MYNIC handle domain name registration on its behalf for the .com.my, .net.my, .org.my and .name.my domain names. When a registrant chooses a domain name, he must claim registering the name will not infringe the rights of any third party.