Responsibility for providing false data during domain name registration

Started by Fleck, Jan 12, 2023, 01:07 AM

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FleckTopic starter

Providing false information such as name, passport details, and address while registering a domain name might invite criminal or administrative charges. What are the usual sanctions that registrars impose in such cases? "Losing" a domain can mean different things - cancellation of purchase, permanent ban, or even the registrar taking possession and reselling it. However, using fake or someone else's scans is a fraudulent practice that is widely discussed on the internet.
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RankWatch

The possible sanctions for providing false information while registering a domain name depend on the registrar. In case the registrar claims to verify the details, the contract may be terminated, and all the domains registered with them will be separated. However, you can still re-register with someone else's data and pay for the domains again.
The registrar may perform repeated checks if they suspect fraudulent activity. On the contrary, some registrars do not scrutinize the details at all.
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Wiley Harding

While it is uncertain, imagine if your domain name was stolen because your password was stolen. How would you prove that the domain name belonged to you? This is especially true for popular and expensive domain names or if you receive a lot of mail on this domain. Losing administrative access to such domains can be catastrophic for businesses, and many critical scenarios can arise.

However, for other cases, it may not be worth worrying about. Additionally, it is unclear why someone would buy a domain name and not provide their real details to the registrar.
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Chilli-Group

There may not be any legal consequences for violating a domain registrar's registration rules. However, criminal or administrative responsibility could arise from the activities or content posted on the site.

When someone "loses" a domain, it means that the domain name is blocked and subsequently cancelled, removed from the registry after the registration period, and the administrator with fraudulent data cannot use it anymore.
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Gamadvarp

While the penalties for providing false information during domain registration can vary depending on the jurisdiction and terms of service of the specific registrar, here are some of the common sanctions:

Cancellation of the domain registration: Registrars can simply cancel the registration if they determine that you've given false information. This would effectively make the domain available for others to purchase, and you would lose any rights or access to it.

Suspension or holding of the domain: This is different from cancellation in that the domain is not immediately made available for purchase again. Instead, it's suspended and may be 'held' by the registrar until the issues are resolved. If they can't be, then it might go back on the market.

criminal or civil penalties: Providing false information, especially if it involves identity theft, is illegal in many jurisdictions. You can face potential criminal charges, including fraud. You can also face civil claims, particularly if the false information provided caused harm or loss to another person or entity.

Permanent ban from the registrar: In some cases, the registrar might ban you from using their services in the future, which would restrict your ability to register new domains with them.

Forfeiture and Auction: In certain cases, if stipulated in the terms of service, the registrar may take possession of the domain name and then sell it either directly or through an auction. The proceeds usually stay with the registrar.

ICANN Compliance Investigation: ICANN (The Internet Corporation for Assigned Names and Numbers) is responsible for maintaining the stability of the Internet's system of assigned names and numbers. Providing false information can lead to ICANN compliance investigations, which can result in cancellation or even legal enforcement action.

It's important to note that the details and severity of these sanctions can vary greatly, so this is by no means a comprehensive or absolute list. It is crucial to refer to the specific policies and terms of service of any domain registrar that you are planning to work with for accurate and specific information. And lastly, knowingly providing false information, especially someone else's data, is generally both unethical and illegal.

Registrars have mechanisms to verify that the information you give is accurate. For example, ICANN, the non-profit organization responsible for coordinating the maintenance and procedures of several databases related to the namespaces and numerical spaces of the Internet, requires registrars to regularly verify domain name registration information.

If the contact information is found to be false, inaccurate, or outdated, ICANN's Whois Accuracy Program Specification requires the registrar to either verify the information or suspend the domain until the information can be updated or verified.

Some additional sanctions or consequences include:

Domain Locking: If the registrar suspects fraudulent activity related to a domain, they may lock the domain. A locked domain cannot be transferred to another registrar or owner, protecting it from any unauthorized changes.

Disputes & Litigation: Particularly if the false information results in someone else's personal information being used or if it infringes on another company's trademark, it could lead to civil disputes and litigation.

Chargebacks: If the registration was made using a fraudulently obtained credit card or other payment methods, the legitimate owner of that card might file for a chargeback. This could leave you responsible for any fees or penalties associated with the chargeback.

Damage to brand image and SEO: If you're operating a website associated with a business or brand, suspension or cancellation of your domain could damage your search engine rankings. A period of inactivity or domain change could lead to a drop in your rankings, which might be harmful to your business.

Potential loss of email and associated services: If the fraudulent domain was used to set up email accounts or other associated services (like a web server), those services would also go down in the event of a domain cancellation or suspension.

Loss of Domain-Connected Assets: If you have an e-commerce platform, blog, or other assets tied to your domain, those could potentially be lost or would need to be moved to a new domain, which can be time-consuming and costly.

Damage to Professional Relationships & Networks: False information tied to your domain registration can reflect badly on you if partners, affiliates, or professional contacts attempt to do a background check on you or your company and find discrepancies, or worse yet, if they are contacted as part of an investigation into your activities.

Barriers to Resolving Technical & Administrative Issues: Accurate domain registration information is oftentimes essential in resolving issues related to the domain. If a verification process is triggered due to some update or technical glitch, and the details don't match with the registrant's data, it may make it more complicated to resolve these issues.

Difficulty in Establishing Ownership: In case of a domain dispute, without accurate information, it could be hard to establish true ownership, which might lead to the loss of the domain. Even something as routine as a domain transfer could be impacted if the details of present owner contact information don't match.

Potential Privacy Violations: If the false information provided is actually someone else's real information, there could be additional legal and ethical consequences for violating their privacy and potentially their identity.

Increased Scrutiny for Future Registrations: If you're identified as providing false information, registrars might scrutinize your future domain registrations more intensively, likely delaying your registration process.

To avoid these punitive consequences and complications, it's crucial to provide accurate and truthful details when registering a domain – and to update these details if they change over time. Privacy concerns tied to domain registration information can be addressed by using legitimate options like privacy protection services offered by many registrars, rather than resorting to false information.
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