SIDN and ICTRecht offer legal assistance in domain name abuse cases

Phishing and CEO fraud

SIDN BrandGuard is a monitoring service that flags up online typosquatting and trademark infringement. It was created to help tackle the problem of domain names that include the names of well-known organisations or brands – or differ from such names only in one small respect, e.g. a zero used instead of a letter 'o'. Criminals often use lookalike domain names for scams, such as sending fake mail supposedly from the organisation or brand, or creating fake websites mocked up to look like the real thing. Abusive registrations can undermine public confidence in a brand. Often, they also signal the start of a targeted phishing attack, where crooks use a fake website to trick people into giving sensitive data. Similar tactics are frequently used for 'CEO fraud' as well. That's where e-mail is sent from a spoofed address that looks like a senior executive's address, with the aim of tricking someone within the organisation to make a large payment. SIDN BrandGuard helps organisations counter such threats by telling them about new registrations that resemble their brand names. Registrations under .nl are flagged up before the domain names are in active use, while registrations under other top-level domains, including .com and .org, are reported within twenty-four hours of going live. Nearly three hundred major organisations in the Netherlands are already using SIDN BrandGuard.

Growing user demand

Optional legal follow-up has been added to the service in response to a trend identified by SIDN. "More and more SIDN BrandGuard users were asking us what they should do about their brand names being exploited in abusive domain registrations," explains Pim Pastoors, SIDN's Product Manager for SIDN BrandGuard. "Our independent role meant that we couldn't get directly involved in such cases. Previously, therefore, we've had to respond by suggesting that users get outside advice. Now, though, the link-up with ICTRecht means we can immediately put SIDN BrandGuard users in contact with specialist lawyers when they think a registration infringes their rights. Any advice that ICTRecht gives the service user is confidential – it isn't shared with us." SIDN felt that ICTRecht was the right partner for this service extension because of the consultancy's great experience with domain name disputes. As Raoul van de Laak, Legal Counsel and Partnership Manager at ICTRecht, points out, "ICT, the internet and privacy – the field that includes domain names – is a highly specialised field of law. The lawyers on our team are all specially selected for their affinity with technology, so we understand the issues involved."

Specialist knowledge

Van de Laak has seen a significant upturn in domain name abuse over the last few years. "Especially cases where domain names are being used for things such as phishing and fraud are increasingly common. The organisations whose reputations are exploited vary a lot. An effective response to a malicious registration depends on specialist knowledge and the ability to move quickly. Even large organisations with in-house legal teams tend to lack appropriate knowledge or capacity. Often, therefore, external assistance is desirable." What's more, domain name disputes often involve commercial considerations. Is it best to get an offending domain name disabled, or simply warn off the registrant? "When faced with that sort of dilemma, it's very helpful to discuss the situation with someone who can advise on the prospects of success with various courses of action," says Van de Laak. The SIDN BrandGuard Legal Follow-up Module is available for immediate use. Read more.