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NEWS STORY
Register.com First Non-Canadian Company to Offer Real Time .CA Domain Registration
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| by Afternic.com on 3/9/01 at 03:41 PM EST |
| Click for full story: Register.com First Non-Canadian Company to Offer Real Time .CA Domain Registration |
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"We are very excited to expand our reach into the Canadian market and become the first non-Canadian company to offer .CA domain names," said Richard Forman, CEO and President of Register.com. "We are committed to the Canadian market and by teaming up with a well known company like Webnames.ca to offer the .CA extension, we continue to take a leadership position in the domain management arena."
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.ca/ILLEGAL ALIENS/Canadian Presence Requirements
DawnRaider 3/19/01 04:09 AM EST
I think it is interesting that an American registrar would like to sell Canadian domains. On the other hand, it is likely to encourage Americans to violate the Canadian registration rules.
And then get their ass kicked.
Already, and this was easy to predict, and it didn't take long, I found a .ca domain registered to a person in America using Register.com, who more than likely violated the registration rules.
I cannot prove the rules were violated but neither can a registrar like Register.com prove, at the time of registration, a person is qualified to register a .ca domain.
It operates on an honor system.
CIRA, the Canadian Internet Registration Authority, the organization in charge of all .ca domains, asks all applicants at the time of registration to confirm they have a legal basis to register .ca domains.
So an applicant can confirm he is qualified to register a .ca domain, but, unfortunately, neither CIRA nor the CIRA-approved registrar can confirm the applicant is telling the truth.
The rules are included below.
Many people are used to registering ccTLDs, e.g., .ws and .cc domains, even .tv and co.uk domains, at register.com and elsewhere, because these countries do not have registration laws.
Western Samoa, the Cocos Islands, Tuvalu, and Britain do not care if citizens from other countries register domains designed for them.
Not so with Canada. The Canadian Internet Registration Authority is being consistent with the Internet Assigned Numbers Authority, which allocated .ca for Canada and Canadians.
http://www.iana.org/cctld/cctld-whois.htm
Now you will find people wanting to register a .ca domain because they live in California. The state code for California, of course, is CA, so it looks like a natural fit, but the state of California has no jurisdiction over the .ca ccTLD.
The .ca domain I mentioned earlier was reg'd by a person living in California.
So I said all that to say this. Can an American who has illegally registered a .ca domain legally sell it? If an American who does not meet the criteria below registers a .ca domain at Register.com, can they sell the domain at Afternic.com?
Furthermore, can I as a Canadian with full authority to register a .ca, file with CIRA to possess the .ca domain which an American registered illegally?
I would think it is totally justified although the newbies here will think it is reverse hijacking. If an American (or an Indian or anyone else) invades Canadian turf they have no legal or ethical basis of argument to retain the domain. There's a good name for them.
ILLEGAL ALIENS.
It is really no different from cybersquatting. If you know the rules of who is allowed to register a domain, who is allowed to keep the domain, who has rights, but you violate them, and then try to sell the domain, you act in bad faith, and, when it comes to WIPO/CIRA, you have no leg to stand on.
If you read the CIRA dispute policy, it suggests that anyone can file a dispute resolution proceeding, as long, get this, as they meet the CPR.
"The ability to file a complaint under the CDRP might be limited to those who comply with CIRA's Canadian Presence Requirements for registrants."
Illegal aliens will be deported. Hehe.
Dawn Raider
"It's dawn; it's time raid!"
1 - Who can register a domain name?
To register a .ca domain name, an applicant must satisfy the Canadian Presence Requirements (CPR) for registrants.
In the case of domain names registered in the UBC registry before November 8, 2000, the registrant will be deemed to satisfy CPR for the specific domain name already registered.
CANADIAN PRESENCE REQUIREMENTS FOR REGISTRANTS
VERSION 1.2
POSTING DATE: OCTOBER 31, 2000
EFFECTIVE DATE: NOVEMBER 8, 2000
1. Overview. After public consultation, CIRA has determined that the .ca domain space should be developed as a key public resource for the social and economic development of all Canadians. Accordingly, persons who wish to register a .ca domain name or sub-domain name on and after November 8, 2000 must meet certain Canadian Presence Requirements.
While the Canadian Presence Requirements for Registrants set out below still require a connection to Canada, they will enable a much broader group of persons to register a .ca domain name than under the rules of the University of British Columbia (UBC) registry.
Existing Registrants under the UBC system will not have to meet these Canadian presence requirements when they apply to re-register with CIRA a domain name that is the subject of an existing registration.
CIRA hopes this will make it easier for existing registrants of the registry operated by UBC when they apply to CIRA for a new registration.
CIRA is committed to reviewing these Canadian Presence Requirements from time to time in order to ensure they remain in the best interests of Canadians and the .ca registry.
2. Canadian Presence Requirements. On and after November 8, 2000 only the following individuals and entities will be permitted to apply to CIRA (through a CIRA certified registrar) for the registration of, and to hold and maintain the registration of, a .ca domain name:
(a) Canadian citizen. A Canadian citizen of the age of majority under the laws of the province or territory in Canada in which he or she resides or last resided;
(b) Permanent resident. A permanent resident as defined in the Immigration Act (Canada) R.S.C. 1985, c.I-2, as amended from time to time, who is ordinarily resident in Canada (as defined below) and of the age of majority under the laws of the province or territory in Canada in which he or she resides or last resided;
(c) Legal representative. An executor, administrator or other legal representative of a Person listed in paragraph (a) and (b) above;
(d) Corporation. A corporation under the laws of Canada or any province or territory of Canada;
(e) Trust. A trust established and subsisting under the laws of a province or territory of Canada, more than 66 ? % of whose trustees meet one of the conditions set out in paragraphs (a) to (d) above;
(f) Partnership. A partnership, more than 66 ? % of whose partners meet one of the conditions set out in paragraphs (a) to (e) above, which is registered as a partnership under the laws of any province or territory of Canada;
(g) Association. An unincorporated organization, association or club: (i) at least 80% of whose members: (A) are ordinarily resident in Canada (if such members are individuals); or (B) meet one of the conditions set out in paragraphs (a) to (f) above (if such members are not individuals); and (ii) at least 80% of whose directors, officers, employees, managers,
administrators or other representatives are ordinarily resident in Canada;
(h) Trade union. A trade union which is recognized by a labour board under the laws of Canada or any province or territory of Canada and which has its head office in Canada;
(i) Political party. A political party registered under a relevant electoral law of Canada or any province or territory of Canada;
(j) Educational institution. Any of the following: (i) a university or college which is located in Canada and which is authorized or recognized as a university or college under an Act of the legislature of a province or territory of Canada; or
(ii) a college, post-secondary school, vocational school, secondary school, pre-school or other school or educational institution which is located in Canada and which is recognized by the educational authorities of a province or territory of Canada or licensed under or maintained by an Act of Parliament of Canada or of the legislature of a province or territory of Canada;
(k) Library, Archive or Museum. An institution, whether or not incorporated, that: (i) is located in Canada; and (ii) is not established or conducted for profit or does not form part of, or is not administered or directly or indirectly controlled by, a body that is established or conducted for profit, in which is held and maintained a collection of documents and other materials that is open to the public or to researchers;
(l) Hospital. A hospital which is located in Canada and which is licensed, authorized or approved to operate as a hospital under an Act of the legislature of a province or territory of Canada;
(m) Her Majesty the Queen. Her Majesty Queen Elizabeth the Second and her successors;
(n) Indian band. Any Indian band as defined in the Indian Act, R.S.C. 1985, c. I-5, as amended from time to time, and any group of Indian bands;
(o) Aboriginal Peoples. Any Inuit, First Nation, Metis or other people indigenous to Canada, any individual belonging to any Inuit, First Nation, Metis or other people indigenous to Canada and any collectivity of such Aboriginal peoples;
(p) Government. Her Majesty the Queen in right of Canada, a province or a territory; an agent of Her Majesty the Queen in right of Canada, of a province or of a territory; a federal, provincial or territorial Crown corporation, government
agency or government entity; or a regional, municipal or local area government;
(q) Trade-mark registered in Canada. A Person which does not meet any of the foregoing conditions, but which is the owner of a trade-mark which is the subject of a registration under the Trade-marks Act (Canada) R.S.C. 1985, c.T-13 as amended from time to time, but in this case such permission is limited to an
application to register a .ca domain name consisting of or including the exact word component of that registered trade-mark; or
(r) Official marks. A Person which does not meet any of the foregoing conditions, but which is a Person intended to be protected by Subsection 9(1) of the Trade-Marks Act (Canada) at whose request the Registrar of Trade-marks has published notice of adoption of any badge, crest, emblem, official mark or other mark pursuant to Subsection 9(1), but in this case such permission is limited to an application to register a .ca domain name consisting of or including the exact word component of such badge, crest, emblem, official mark or other mark in respect of which such Person requested publications.
3. For the purposes of this policy:
(a) "ordinarily resident in Canada" means an individual who resides in Canada for more than 183 days in the twelve month period immediately preceding the date of the applicable application for registration of the .ca domain name or sub-domain name and in each twelve month period thereafter for the duration of the domain name registration; and
(b) "Person" includes an individual, a corporation, a partnership, a trust, an unincorporated organization, association or club, the government of a country or any political subdivision thereof, or any agency or department of any such government, and the executors, administrators or other legal representatives of an individual in such capacity, a "person" as defined in the Trademarks Act (Canada) and a Person intended to be protected by Subsection 9(1) of the Trademarks Act (Canada).
4. Notwithstanding paragraph 1 above, each registrant of a .ca domain name or sub-domain name registration which is registered in the .ca registry operated by UBC prior to November 8, 2000 shall be deemed to satisfy the Canadian presence requirements described in paragraph 1 above with respect only to an application by such registrant to CIRA to register such .ca domain name or sub-domain name.
CIRA DISPUTE RESOLUTION POLICY (CDRP)
http://www.cira.ca/en/faq-menu6.html
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.ca/ILLEGAL ALIENS/Canadian Presence Requiremen
henox 3/19/01 05:01 AM EST
Stop and think for one moment. Is it possible that a Canadian Citizen living in the US is the registrant? Is it possible that a Canadian doing business in California, for matter of expedience, chose to register a name while away? Could the US registrant have a bona fide business or residence in Canada?
It seems to me that you already have an idea that what your inference suggests is Reverse Hijacking all right, newbie or pro, born out of greed, spite, jealousy, a mere rant or something quite to the contrary.
A word to the wise, "Let those empowered to police do their job." Just my opinion.
With regards to all,
Henox.
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.ca/illegal aliens/Canadian presence requirments
oohdale 3/19/01 08:27 AM EST
All this just seems to confuse me.It would seem to me that the CANADIANS should require proof before letting the party pay for and receive the domain name.Before I became a Afternic'er I use to surf a lot more.Now you got me hooked here and I'm afraid I'll miss something.Why hell I don't even write poems anymore.At least this AN site is not boring.Excuse the word Hell I just figured with all the XXX named domains we have to look at every day that my little hell word wouldn't offend anyone.Sorry in advance if it did.Hummmmmm that's an Idea,www.hell.com I gotta go and check it out on Whois see ya.Oh` thanks ya all your insights are good.oohdale at.... http://www.webmakrexpress.com
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The point is Canada just lets it slide
bidawinner 3/19/01 08:19 PM EST
it's all about CASH.. they could care less about who registers a .CA as long as it lines their pockets..
business as usual..
BID
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Dot Ca Registration
bluestar 3/23/01 08:42 PM EST
Yes I Agree ...But All The Great Dot Ca`s Are Gone Now And Owned By CANADIANS ... Second, Looking The Other Way On The
Canadian Presence Issue Is Beneficial For The Dot Ca`s...It
Just Increases It`s Popularity World Wide ...And Why Not THE WORLD LOVES CANADA :-)
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Did You Know . . . . . . . . . . . . . . . . . . .
addideas1 3/24/01 02:13 AM EST
Greetings henox,
Not sure if you are aware of this, however, thought you might appreciate knowing that the Canadian Presence Requirement (CPR) that CIRA is expected to enforce is important. The reason it is so critical, IHMO, is that when you Register your first .CA Domain Name, you acquire the "right" to become a voting member of CIRA which will include your voice on ALL future .CA policies, decisions and procedures. In essence, it is just like "excercising" your right to vote for your representative in Government Office.
It is my position that a properly informed General Public will have a far greater chance of "forcing" Public Officials hands into addressing cyberspace Trademark law. Perhaps if .COM, .NET , .ORG & .EDU had instituted a similiar policy at the beginning the current Trademark climate for Domain Holders wouldn't be quite so hostile. Scary times indeed as no-one and no name is safe under the current structure, if you even want to call it that. :o(
BTW: Did you have any luck gaining Admittance to mr800king's board? Perhaps you may find value in taking a peek at our newly created Private Members Area located here,
http://www.addideas.com/membersonly.html
Henry, would certainly value your contributions and input there if you have the time. Warmest Regards and Thanks for Posting.
Yours For Success,
Darren Ott
Chief Financial Officer
Add Ideas/Adgrafix
Phone/Fax: (403) 259-3318
Cellular: (403) 863-0515
http://www.AddIdeas.com
http://www.AddIdeas.Adgrafix.com
http://www.ApplicationServiceProvider.ca
E-Mail: mailto:[email protected]
Office Firetalk #1895262
ICQ - Laptop #87254930
ICQ - Office #44490935
****************************************************************
$15.00 DOMAIN NAME REGISTRATION
Visit http://www.AddIdeas.Adgrafix.com
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.CA CANADIAN PRESENCE REQUIREMENT
henox 4/2/01 01:24 PM EST
Greetings, AddIdeas1.
I have been away from the posts for a few days. What's going on with AfterNic and stolen domain names? If what I read are true or somewhere close to the truth, I am very worried.
Yes, I know that the Canadian Presence Requirement (CRA), as you put it, is important. That is why it should NOT be muddled by opportunists set out to take advantage of a meaningful Policy just to satisfy their own selfish interests.
My post is actually directed at the suggestion, that for the simple reason that one has a right to register a name accords him or her the right to go after a Registrant and/or any name under the pretense that it was an illegally registered name. I do not fault the CIRA requirements in any way or do I imply that the requirements as set forth are not warranted. All I am saying is that if such actions, individuals on their own whim going after a name they corvette under the umbrella of that Policy, are allowed, chaos as we observe with the current Trademark/Cybersquatting debate will be the outcome. We all know what happens when people take matters into their hands so to speak. Think for one moment where any Canadian Registrant has a right to go after a registered name under the pretense that the Registrant may have registered that name illegally simply because it has a non Canadian address of record. Some may understand the principle of the Policy, but many may have other ideas as to the interpretation if the same Policy to favor their ulterior motives.
May be it's the professional side of me interjecting here, but absurdity nonetheless serves no one in the long run. Given the position of CIRA, I strongly believe that they are very capable of determining who has a right to register a .CA name and are well equipped to investigate a matter and deal with it when it comes to it. They should be left alone to do that job given the inherent mobility associated with the present day Global economic associations. For any given individual to, arbitrarily or summarily, go after a name registered by somebody with an address in the US or anywhere else for that matter, simply because one thinks that the Registrant may have registered the name illegally, without proof, and excluding any legal claim to the name, is purely Reverse Hijacking in my opinion. A situation, my informed and educated premise, suggests to me that will lead to anarchy in the making, the likes of which will pale in comparison to what's going on now with the Trademark fiasco. I guess the question is, "Are there no Canadian Citizens residing or working in the US who may be interested in .CA names?" With this question, what gives any person the right to question their legitimacy or right to register a name simply because the address of record is a US address or non-Canadian address?
I am saying this because I know of several Canadian colleagues residing here in the States and many of my former classmates now doing business and/or residing in Canada.
In a nutshell, I just do not like people taking laws into their own hands where there is ample room for abuse and trepidation.
As regards Mr800king, I have not contacted him yet, and with what's going on with his transactions, I am not sure if this will be such a good time. It is a very disturbing development particularly, given their silence on the matter. I thought AfterNic is better than that. Now, I am not so sure, and a calculated response is in order here.
Any one with an account with AfterNic affiliated companies should be worried. If it's happening here what's next? Could it be time to transfer out names to a more reputable company if there is any? These are things worth noting in my opinion.
Warmest regards,
Henox.
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.ca non-Canadian registrations
interbuy 4/3/01 03:34 PM EST
I was shocked when I did a regisration the other day and found out it was registration 250,000 plus!.
It is obvious that this level of registration is not just comming from "Canadians" What you need to remember is all you need is a legal representaion residing in Canada to make registrations on behalf of anybody in the world.
You can elect any Canadian company or person to purchase names on your behalf. It does not have to be a lawyer, you just set up a trust agreement between parties. Or you can open a Canadian shell company to make your purchases, incorporations in some provinces are less than $150.00 USD.
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