Change of the domain name policy, 30 May 2011

The policy is changed to reflect police authority to confiscate domain names according to the Criminal Procedure Act. At the same time some small clarifications are done for compulsory deletion of domain names, suspension and compulsory change of holder for domain names.

Confiscation and withdrawal of domain names

The Supreme Court confirmed in their decision that the police has authority according to the Criminal Procedure Act to confiscate domain names. The domain name policy is updated to reflect this.

A separate text for interim court orders will also be added. These are court decisions that usually are meant to be reversible. Because the removal of a domain is a final measure, Norid will set a deadline for the opponent to dispute a court order to remove a domain. After the deadline Norid can no longer ensure that a removal can be reversed.

Paragraph 12.1

Old text:
12.1The following circumstances may cause Norid to delete a domain name so that the domain name becomes available to others:

  1. A claim for deletion in accordance with a final judgement regarding deletion of the domain name. The requirement for notice in accordance with 12.3 does not apply.

New text:
12.1The following circumstances may cause Norid to delete a domain name so that the domain name becomes available to others:

  1. A claim for deletion in accordance with a final judgement regarding deletion of the domain name.

Paragraph b, c and j are added, and paragraph b to g will be renumbered.

  1. A claim for deletion in accordance with a final judgement regarding confiscation of domain names in criminal cases. Norid may put the domain in quarantine for a certain amount of time before it is made available for other applicants.

  2. A claim for deletion in accordance with an interim court order. The name will be made available for registration by others 60 days after deletion, provided that Norid has not received a court decision or a settlement for a different solution. The name will not be made available for others according to the previous sentence if Norid within 60 days after deletion receive written documentation which shows that a legal dispute about the name is in progress between the same parties.

  3. The requirement for notifications as described in 12.4 does not apply for letter a), b) and c).

New paragraph 12.2

A new paragraph 12.2 about compulsory suspension of domain names is introduced

Old text:
12. Compulsory deletion of domain names

New text:
12. Compulsory deletion, suspension or compulsory change of holder

12.2 The following circumstances may cause Norid to suspend (hold) a domain name:

  1. A written court decisions which states that a domain should be confiscated in a criminal case, or a written decision from the Prosecution authority which states that the domain should be confiscates in accordance with the Criminal Procedure Act § 205, part 2. While the domain is confiscated the Prosecution authority is responsible for accumulated costs. If the domain is not renewed according to the domain name policy, the domain will be deleted by Norid. Norid will then consider the confiscation as abandoned, and remove restrictions put on the name.

  2. Claim for suspension in accordance with an interim court order. Suspension does not affect the holder’s responsibility for payment of fees.

  3. The requirement for notifications as described in 12.4 does not apply for letter a) and b).

Paragraph 12.2 and 12.3

The previous paragraphs 12.2 and 12.3 are renumbered and the text changed.

Old text:
12.2 The following circumstances may cause Norid to transfer a domain name:

  1. Transfer may take place without the written approval of the domain name holder if there is a final judgement regarding the transfer of the domain from the holder to another organization and this organization satisfies the requirements of the domain name policy for having the name transferred to it, including a signed declaration form. The requirement for notice in accordance with 12.3 does not apply.

12.3 Unless otherwise stated, notice will be sent by email to the holder of the domain name at least 60 days before a reversal or deletion is implemented.

New Text:
12.3The following circumstances may cause Norid to transfer a domain name without written approval from the holder:

  1. Claim for transfer of the domain in accordance with a court decision or interim court order which states that a domain name should be transferred from the holder to another holder which fulfill the requirements in the domain name policy for registration of domains, including a signed applicant declaration. The requirement for notifications as described in 12.4 does not apply.

12.4Unless otherwise stated, notice will be sent by email to the holder of the domain name at least 60 days before implementation.

The time period for compulsory reversal of domain names is reduced

When Norid receives information about a domain that has been moved from one holder to another on false pretences, we can, in obvious cases, transfer the domain back to the original holder. From 30 May the domain name policy will specify a time limit for when Norid can process these kind of transfers.

Old text paragraph 12.2:

  1. The registration was made on the basis of incorrect information provided by or on behalf of the applicant or domain name holder. The domain name holder shall be given the opportunity to make a statement before transfer takes place.

New text paragraph 12.3:

  1. Claim for reversal of a domain that has been transferred based on false information supplied by or on behalf of the applicant or the holder. Claim for reversal must be raised no later than 1 year after the change of holder took place. If Norid receives a written notice about the faulty transfer within 30 calendar days after the transfer took place, an exception is made from the requirements of notification as stated in 12.4. The new holder is given 15 calendar days to respond before the transfer is executed.

New paragraph 12.5 about where to send claims for compulsory measures

New text:
12.5 Claims for compulsory deletion, suspension and compulsory change of holder must be submitted in writing to Norid by email to info@norid.no or by post to UNINETT Norid AS, NO-7465 Trondheim, Norway. This also applies for answers from the holder and documentation which shows that there is a legal dispute about a domain.

Click here to view the domain name policy active before this change
Last updated 2015 or before