Domain names & online ADR.

• Author: Wilson, Doris I.

What is a domain name?

A domain name is the address an individual or company has chosen to be listed for connection through its computers to others. The applicant for registration must provide information to its Internet Service Provider (ISP) and is required to keep that information up to date. Until recently there have been few rules governing the actions of ISPs, in keeping with the voluntary and international nature of the Internet. The entire Domain Name System (DNS) for the Canadian top level domain .ca is currently managed and operated on a volunteer basis, although this is expected to change during the year 2000. Federal Privacy legislation (Bill C-6) will come into force on January 1, 2001, which will require the explicit consent of consumers before personal information can be provided to third parties.

ADR (Administrative Dispute Resolution) on the Internet

Given the international nature of the Internet, there are bound to be confusing results when the decisions of different courts or tribunals in different jurisdictions clash. Since ISPs and the Applicants for registration may be operating in more than one legal jurisdiction, they may have to become familiar with the law in several jurisdictions in order to safely and legally operate their businesses. In order to make it easier to resolve disputes about domain names, an ADR process has been introduced as part of the registration in the top level domains; with the intention that the ADR process will be quick, efficient, and fairly inexpensive.

Individuals or companies that register in the .com, .net, and .org top-level domains agree to a policy which requires that domain name disputes must be resolved by agreement, court action, or arbitration (ADR) before the registrar will cancel, suspend, or transfer domain names (www.icann.org/ udrp/udrp.htm; www.icann.org/udrp/udrp-policy-24oct99.htm). The ADR procedure is available online, through one of three approved Dispute Resolution Service Providers (Providers) (www.icann.org/udrp/udrp-schedule.htm).

* www.eresolution.ca/services/dnd/decisions/html.

* www.arbforum.com/domains/domaindecisions.html.

* arbiter.wipo.int/domains/cases/index.html

DomainMagistrate (www.domainmagistrate.com/) also provides very accessible online assistance in understanding the Dispute Resolution Policy, the rules for submitting a Complaint or responding to one, and a list of the Providers. By applying for a domain name, or to maintain or renew a domain name...