[council] Relationship between domain names and websites, and the implication for disputes over the content of a website

["Bruce Tonkin" <Bruce.Tonkin@xxxxxxxxxxxxxxxxxx>]

Hello All,

I thought it might be useful to explain some of the issues associated
with removing offending content (e.g for phishing sites).

As a registrar, Melbourne IT often gets complaints about the content on
a particular website.  A website exists on a particular computer (or
computers).

Normally when we receive a complaint about website content, we refer the
complainant to the technical operator of the website (as opposed to the
party responsible for the website content).  Usually this is a
webhosting company.  Often the web hosting company will have terms and
conditions that may relate to the content of the website, and may remove
the website (or suspend the relevant customer account).   Note that the
web hosting companies generally do not publish any information on the
party responsible for the content of a particular website.

A domain name can act as an identifier that links to a website.  The
deletion of the domain name does not remove the website content.   It is
relatively easy to create a new domain name and link to the same website
content.  It is also relatively easy to have links in SPAM email that
use IP addresses rather than domain names.

When a website is removed, it is also common for a Registered Name
Holder to change the configuration of the domain name records so that
the domain name can reference another computer hosting the same website
content.  So removal of one website may not solve the problem.

Commonly when a domain name is being used to link to an obviously
inappropriate website (e.g for phishing), the details provided by the
Registered Name Holder are false.  Thus we will also often use the WHOIS
data complaints process, to request that the contact information be
corrected.  Where the contact information is not corrected we may delete
the domain name.   Note also that the email address used to register a
domain name often does allow contact with the Registered Name Holder
(e.g via free email address), whereas the name and postal address
displayed is often from a stolen identity.   We often get calls from
people that are listed in the WHOIS for a particular domain name (they
in turn have received complaints about the use of the domain name), and
they have nothing to do with the domain name.   We treat this as
instances of false WHOIS information, and thus take the appropriate
action.

So in summary, dealing with content issues typically requires a
combination of steps that relate to the domain name as well as the
website.   While ICANN's mission only relates to identifiers (e.g domain
names and IP addresses) and not content, I believe that other national
and international forums should be established for addressing the more
general content issues of phishing and SPAM.  

Regards,
Bruce Tonkin
Registrar rep on GNSO Council