Legal advice, cybercrime

#1 Sep 29th, 2016, 01:52
Join Date:
Aug 2012
Location:
Nellore, AP
Posts:
10
  • blomma is offline
#1
Hello fellow expats.

I've found myself in a situation where I think I need some legal advice, and would like recommendation for someone who knows about cybercrime and can correspond through e-mail as I'm not in India anymore.

Short summary: I have a web-server (in USA) which hosts an Indian domain (also registered in my name). Both were bought years back for a project that never took off, so sitting idle. About 2 years I gave it to some students to use the server for playing around with web-site creation. (again, both server and domain were bought and paid on a 10 year plan that I could not terminate).

Now some days back, I got a notice from the domain registrar that the domain has been suspended and I am an accomplice in "serious crime". I'm still looking at how it happened, but, case is apparently that the server was used to distribute pornography (Indian). (however, my first impression is that the server was hacked and made part of some kind of automatic distribution system).

If anyone happen to have advice on this kind of stuff, please let me know. I'm an OCI and would hate to loose that privilege because of this.

I'm also not sure if the registrar is "playing" me. I'm quite uncomfortable that they have spilled all my personal details to a 3rd party who reported the domain (it would require a court-order in my home country), and that they don't want to explain what "serious crime" they're accusing me of participating in.

With best wishes,
#2 Sep 29th, 2016, 03:14
Join Date:
Jan 2010
Location:
London (UK) (Current) & Pali Hill, Bombay (IN)
Posts:
8,904
  • ViShVa is offline
#2
What does a Whois lookup of the domain reveal now?

That's the hazard of surrendering control of a domain. I doubt whether anyone here will be able to advise you usefully. The only recourse you have lies with the domain registrar and/or the domain registry. It will have to be escalated to the highest levels at both. You don't say where the registrar and registry are based.
#3 Sep 29th, 2016, 05:09
Join Date:
Aug 2012
Location:
Nellore, AP
Posts:
10
  • blomma is offline
#3
The registrar is based in India, it's a domain in the Indian ".IN" registry. WHOIS has/had (I'm not sure how suspension works exactly) some dummy information related to a person involved in the project long back, not relevant since years. Point is I'm the one who booked the domain at the registrar, and it's my information they have "spilled" out. Getting the domain back is not a priority, it was going to expire when the 10-year period was over in 2019. Getting information about my position in the "serious crime" (whatever the crime may be) is a priority.

I'm aware I may not find legal advice here, but, was hoping someone had contacts to good lawyers whom they think may be able to advice in this kind of cases
#4 Sep 29th, 2016, 05:40
Join Date:
Jan 2010
Location:
London (UK) (Current) & Pali Hill, Bombay (IN)
Posts:
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  • ViShVa is offline
#4
Quote:
Originally Posted by blomma View Post The registrar is based in India, it's a domain in the Indian ".IN" registry. WHOIS has/had (I'm not sure how suspension works exactly) some dummy information related to a person involved in the project long back, not relevant since years. Point is I'm the one who booked the domain at the registrar, and it's my information they have "spilled" out. Getting the domain back is not a priority, it was going to expire when the 10-year period was over in 2019. Getting information about my position in the "serious crime" (whatever the crime may be) is a priority....
If you aren't too concerned about the domain itself, then let the matter go. From what little info you've provided, I doubt whether there would be any implications for your OCI status as it stands, unless there is a police case registered. Has there been an FIR (First Information Report) against you? If not, then chill.

You must have been implicated as you are the 'Registrant'. What do you mean by "Dummy information"? You say that the 'Whois' supplies info about another person involved as the 'Admin/Billing/Technical' contacts. You really should have held control of those details, but it is what it is.

Let the matter go.

If you really want to pursue the matter, then here is what you could do. First of all, pursue this with the registrar, and get it escalated to the highest level. All power in this matter lies with them. You've not mentioned who your registrar is. Regardless, try and speak personally with an executive or director. If you have no joy, then, as a last resort, contact the Indian registry.


Remember that you were in violation of the .IN registry's terms and conditions.

Terms and Conditions for Registrants (PDF format)
Quote:
TERMS AND CONDITIONS FOR REGISTRANTS

All registrants of .IN Domain names will be bound by the following terms and conditions, which may be amended by .IN Registry from time to time.

1. Contact Details:
The Registrant shall provide to Registrar accurate and reliable contact details and promptly correct and update them during the term of the Registered Name, including:
the full name, postal address, email address, voice telephone number, and fax number if available of the Registrant; name of authorized person for contact purposes, in case of a Registrant that is an organization, association, or corporation. The email address submitted in the contact information will be that of the Registrant only. This correct information should be available in WHOIS of .IN Registry, and it is the duty of the Registrant to check this information from time to time and make sure that it is up-to-date.

...

4. No illegal/ obscene Content:
The Registrant undertakes that it shall not register a domain name which is contrary to public policy and that the Content of the website shall not be violative of any Indian Laws.

5. Lawful Usage of Domain Name:
The Registrant shall use the domain name in such a way that it does not violate any third-party
rights, applicable laws or regulations, including discrimination on the basis of race, language, sex or religion and the Registrant further warrants that it shall not register or use the domain name in bad faith or for any unlawful purpose.

...


But moving on,

Read the Registrant FAQs

https://registry.in/Contact%20Us
Quote:
Contact Us

Please contact your registrar If you have a question about the status or use of your domain name. Your main relationship is with your registrar, and only your registrar can make changes to your domain name record. You can perform a WHOIS query to find out which .IN registrar sponsors your domain name. If you are working with a reseller, please contact the reseller, though you may choose to also contact the registrar if you have difficulties reaching the Reseller.

If you're experiencing difficulties contacting your registrar or would like to submit feedback, complaint or legal query you may contact .IN Registry Customer Support at:

Phone: +91-11-4644-8888
Email: registrantsupport@registry.in

.IN Registry:
.IN Registry
c/o NIXI (National Internet eXchange of India)
Regd. Off.: Flat No. 6B, 6th Floor, Uppals M6 Plaza,
Jasola District Centre, New Delhi-110025
Tel.: +91-11-48202011,
Tel. : +91-11-48202000,
Fax: +91-11-48202013
E-Mail: registry@nixi.in
For future readers, read:

Protecting Your .IN Domain
Quote:
Protecting Your .IN Domain

The .IN Registry has prepared the below advisory for .IN domain owners to assist them with protecting their domain name. Please feel free to distribute the following to your clients.

After you register your .IN domain name and build your online presence, it's important for you to understand how to protect your .IN domain name.

Your .IN domain name also has value-both in monetary terms and in terms of the message you send by having a .IN identity. Chances are you wouldn't give away your domain name to a group or an individual who promotes products and services that are counter to your mission, nor are you likely to sell your .IN domain name to businesses that sell products or services you deem inappropriate. That's why .IN Registry, wants to help make sure your .IN domain name doesn't inadvertently fall into the wrong hands.

Registering recently expired domains has resulted in a number of cases where expired domain names are registered and utilized in a fashion that is counter to the mission and intention of the original owner.

Every day, many .IN domain names become available because domain holders, also known as registrants, allowed them to expire or were unaware that the domain names were up for renewal. And every day, those same .IN domain names become vulnerable to companies and individuals who can exploit them for economic gain, without regard for their actual use or meaning. The process of obtaining expired domain names has become sophisticated, automated, and increasingly popular. And the consequences to the original .IN domain holders can be serious.

We believe the best way to protect your .IN domain name is to take proactive and preventive measures.

See these Simple Steps to protect your .IN domain name today:

1. Verify Registration of Your .IN Domain Name

...

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