Response to Senator Warner’s Letter to NameSilo

 Following is NameSilo’s official statement in response to Senator Warner’s letter to them:

We appreciate Senator Warner’s concern and acknowledge Meta’s efforts to combat election interference. However, a more comprehensive consultation with industry stakeholders could have better framed this issue.

As a registrar committed to security, compliance, and transparency, we welcome the opportunity to address the points raised to contribute meaningfully to public consultation.

1. Withholding Domain Registration Information and Inaccurate Registrations

Claim: “Specifically, Meta noted a number of ways in which firms such as yours have prevented efforts to address this activity, including withholding vital domain name registration information from good-faith researchers and digital forensic investigators, ignoring inaccurate registration information submitted by registrants, and failing to identify repeated instances of intentional and malicious domain name squatting used to impersonate legitimate organizations”

As mandated by our contractual obligations with ICANN, we cooperate with law enforcement and, when appropriate, with verified security researchers to share WHOIS data. This process ensures compliance with data privacy laws while maintaining transparency with authorized stakeholders. However, we have no specific information regarding the instances cited by Meta. We encourage Meta to provide further details directly, so we can assess the matter thoroughly and update the Senator with any relevant findings.

2. Credit Card Issuance to U.S. Companies with Russian Ties

Claim: “the use of credit cards issued to a U.S. company ‘that has significant ties to, and employees based in, Russia.’”

It is unclear how this responsibility could reasonably fall within the registrar’s scope. Know Your Customer (KYC) checks and credit card validation are generally the responsibility of banks and payment providers. We recommend a closer collaboration with financial institutions for more effective oversight in this area, as registrars have limited visibility into the origin or history of credit card issuers.

3. Handling Fraudulent Activity with Greater Scrutiny

Claim: “While there are legitimate rationales for protecting the privacy of domain registrants, repeated and overlapping indications of malicious and/or fraudulent activity should counsel in favor of greater scrutiny and transparency by your industry”

We acknowledge the importance of diligent abuse management. Our internal processes, aligned with ICANN’s contractual mandates and ensure timely action on abusive activities. However, the specific criteria that define “repeated and overlapping” fraudulent behavior would benefit from further clarification. We are open to discussing a logical framework with the Senator and Meta to enhance industry-wide standards.

4. Domain Names Mimicking News Organizations

Claim: “Further, many of the domains seized by the Department of Justice – including those impersonating the Washington Post and Fox News – bore close resemblance (or in some cases, such as fox-news[.]top and fox-news[.]in, were identical) to impersonation domains mimicking those same news organizations in Meta’s August 2023 report.”

Trademark abuse is governed by established legal frameworks, including WIPO dispute resolution processes and U.S. trademark law. While isolated examples highlight misuse, combating fake content remains a broader issue. A domain name is merely a digital address; the more significant challenge lies in monitoring and controlling the content hosted on these domains. This challenge requires cooperation across stakeholders of multiple platforms, not just registrars.

5. Externalizing Costs to Victims and Third Parties

Claim: “Moreover, Meta’s report indicates that your industry has effectively externalized the costs of addressing this abusive behavior to victims and third parties – who must pursue costly and time-consuming litigation or dispute resolution via the World Intellectual Property Office”

As with any industry, investigations into misuse require both public and private collaboration. Government resources are already utilized in many sectors to address criminal behavior, including cybersecurity, and the domain name industry is no exception. The World Intellectual Property Office is responsible for promoting and protecting intellectual property (IP) rights across the globe. It is unclear how a registrar could or should act as the arbiter in cases of intellectual property.

6. Potential Legislative Remedies

Claim: “Given the continued lapses of your industry to address these abuses, I believe Congress may need to evaluate legislative remedies that promote greater diligence across the global domain name ecosystem.”

We support constructive legislative discussions but encourage nuanced approaches that address the root causes of abuse. A collaborative framework among registrars, platforms, and lawmakers would yield better outcomes than blanket legislative measures.

7. Foreign Adversaries and Domain Impersonation

Claim: “It is imperative that your company work to diminish the risk that foreign adversaries use impersonated domains to promote false narratives in this context.”

We remain committed to combating malicious behavior and are open to working with Meta, the Senator, and relevant stakeholders to strengthen safeguards. We are prepared to engage in meaningful discussions to create practical and effective solutions.

Conclusion

We appreciate Senator Warner’s dedication to addressing election interference and Meta’s focus on combating malicious activity. We share these goals, and we are ready to engage in good-faith collaboration. We look forward to working with Meta and government stakeholders to enhance industry practices and develop sustainable, pragmatic solutions.