The story of Brad and Ches

Emily Taylor

Overview

• Background – the facts

• Relevance of the judgement for domain name registries

• Lessons learned

Factual background

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

SAMPLE

Registrant’s name andaddress“Errors precisely match errors in.uk database records as atJanuary 2003”

Central Londonaddress

“SW1Y 4J5”

Telephone number leadsto Australian-soundinganswer-phone message

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 Chapmanhilton.chapman@tnt.com.au

Brad(ley)Norrish

DiverseInternet

di.com.au

Contact Details: PO Box6122 Perth WA 6892P: + 61.89 22 52 100F: + 61. 8921 89980

E: domains@di.com.au

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

Con

tact nam

e

Email?WH

OIS

- DN

S

WHOISdetails

Websiteforwards

to

WHOIS-DNS

ChallengerRegistration

Services

WHOIS-DNS

Contact details email

Registered To

Registrant email:brad@brad.com.au

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

.us Cybersquatting

.us domains reg byNorrish at

Co. for .us

registrationsArticle links to

Registrant emailnorrish@wasp.com.au

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

Trial on liability – June 2004

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.

Judgment on liability, September 2004

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

AustralianCompetitionand ConsumerCommission

Brad and Ches

Summary

• Use of “offline” intellectual property laws to take action against scammers.

• Use of legal action to raise profile, and deter others

• Difficulties in getting relevant authorities to take action

• Disruptive power of legal action