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seekaybee
SIRT Handler Premium Member
 Joined: Nov 14, 2007 Posts: 131
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Posted: Sat May 03, 2008 6:24 am Post subject: Contacting Chinese registrars |
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I often fear Chinese registrars may not be entirely clear why we're contacting them, so I've been appending some explanatory notes in Chinese, citing the applicable portions of regulations and TOS/AUPs I claim have been violated. I thought I'd post those notes here in case anybody else might find them useful (I can't say they've proved especially useful so far, at least in terms of generating responses).
Just delete any sections that don't apply: I've appended a line-by-line translation at the end to help with that. The sometimes unidiomatic phrasing in the translation is from the English versions of the docs I found on the CNNIC and Paycenter websites.
Regarding section 27 of the CNNIC regs: I think this means that a registered domain may not be used for the illicit purposes listed. It's possible, though, that it might refer to restrictions on the choice of domain names: i.e. the names themselves can't be obscene or refer to gambling etc.
The last section is specifically for Xin Net complaints, as it cites relevant sections of Xin Net/Paycenter/"Beijing New Digital Network Information Technology Co., Ltd."'s Domain Name Registration Agreement.
| Quote: | 尊敬的域名注册服务机构, 您好:
域名持有人已触犯了的法律、行政法规和规章, 和国际域名注册协议. 我请你暂停或取消他的方域名注册。
注:
- 中国互联网络域名管理办法:
- 中华人民共和国信息产业部令第30号:
- 第三章 域名注册:
- 第二十七条 任何组织或个人注册和使用的域名,不得含有下列内容:
- (七)散布淫秽、色情、赌博、暴力、凶杀、恐怖或者教唆犯罪的
- (九)含有法律、行政法规禁止的其他内容的
- 第二十九条 域名持有者应当遵守国家有关互联网络的法律、行政法规和规章。
- 第三十四条已注册的域名出现下列情形之一时,原域名注册服务机构应当予以注销,并以书面形式通知域名持有者:
- (二)域名持有者提交的域名注册信息不真实、不准确、不完整的
- (五)违反相关法律、行政法规及本办法规定的
- 第五章 罚则:
也注:
北京新网数码信息技术有限公司 (paycenter.com.cn) 国际域名注册协议:
7. 你方信息的使用:
- 你方承认蓄意地提供不准确的信息或蓄意地不立即更新信息将构成对本协议的严重违约,并将作为取消你方域名的根据.
11. 应用政策:
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Line-by-line translation :
| Quote: | 尊敬的域名注册服务机构, 您好:
(Dear domain name registrar)
域名持有人已触犯了的法律、行政法规和规章, 和国际域名注册协议. 我请你暂停或取消他的方域名注册。
(A domain name holder has violated the law, administrative rules and regulations, and your international domain name registration agreement. I ask that you suspend or cancel the registration of the domain name.)
注:
(Note)
- 中国互联网络域名管理办法:
(China Internet (CNNIC) Domain Name Regulations)
- 中华人民共和国信息产业部令第30号:
(People's Republic of China Ministry of Information Industry, Order No. 30)
- 第三章 域名注册:
(Chapter III Domain Name Registration)
- 第二十七条 任何组织或个人注册和使用的域名,不得含有下列内容:
(Article 27: Any of the following contents shall not be included in any domain name registered and used by any organization or individual:)
- (七)散布淫秽、色情、赌博、暴力、凶杀、恐怖或者教唆犯罪的
(7. Those that spread pornography, obscenity, gambling, violence, homicide, terror or abet crimes;)
- (九)含有法律、行政法规禁止的其他内容的
(9. Other contents prohibited in laws, rules and administrative regulations.)
- 第二十九条 域名持有者应当遵守国家有关互联网络的法律、行政法规和规章。
(Article 29: The domain name holder shall comply with the laws, rules and administrative regulations of the state concerning the Internet.)
- 第三十四条已注册的域名出现下列情形之一时,原域名注册服务机构应当予以注销,并以书面形式通知域名持有者:
(Article 34: If a registered domain name involves any of the following requirements, the original Domain Name Registrar shall delete it and notify the domain name holder in written form:)
- (二)域名持有者提交的域名注册信息不真实、不准确、不完整的
(2. In case the registration information submitted by the domain name holder is unauthentic, inaccurate or incomplete;)
- 五)违反相关法律、行政法规及本办法规定的
(5. In case the domain name is in violation of the provisions and the relevant laws and regulations.)
- 第五章 罚则:
(Chapter V Penalty Provisions)
- 第四十三条违反本办法第二十七条的规定,构成犯罪的,依法追究刑事责任;尚不构成犯罪的,由国家有关机关依照有关法律、行政法规的规定予以处罚。
(Article 43: Any person who violates the provisions of Article 27, and constitutes a crime, he or she shall be prosecuted for his or her criminal activities according to the laws; If the act does not constitute a crime, he or she shall be penalized by the relevant institutions of the state in accordance with the provisions of the relevant laws, rules and administrative regulations.)
http://www.cnnic.net.cn/html/Dir/2004/11/25/2592.htm
也注:
(Also note:)
北京新网数码信息技术有限公司 (paycenter.com.cn) 国际域名注册协议:
(Beijing's new Digital Network Information Technology Co., Ltd. (paycenter.com.cn) international domain name registration agreement:)
7. 你方信息的使用:
(7. Use of Your Information)
- 你方承认蓄意地提供不准确的信息或蓄意地不立即更新信息将构成对本协议的严重违约,并将作为取消你方域名的根据.
(You acknowledge that willfully providing inaccurate information or willfully failing to update information promptly will constitute a material breach of this Agreement and will be a basis for cancellation of your domain name.)
11. 应用政策:
(11. Use Policies)
- 如果你方违反适用的法律或互联网通用的使用政策用该域名发送未经请求的商业广告,或者如果你方将你方的域名用于相关的不法行为,paycenter.com.cn 保留在这些情况下暂停或取消你方域名的权利。
(Paycenter.com.cn reserves the right to suspend or cancel your domain name in the event that you use the domain name to send unsolicited commercial advertisements or contradiction to either applicable laws or customary acceptable usage policies of the Internet, or if you use your domain name in connection with unlawful activity.)
http://paycenter.com.cn/rules/tl-cn.htm
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Krivoi
Sergeant

 Joined: Mar 03, 2008 Posts: 90
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Posted: Sat May 03, 2008 9:21 pm Post subject: |
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Good effort, seekaybee. My main spammer has an "arrangement" with the Chinese registrar Xin Net so I'll add parts of your message to my complaints, not that I expect much from these crims...
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tembow
Blue Angel Premium Member
 Joined: Oct 10, 2005 Posts: 2942
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Posted: Sat May 03, 2008 10:03 pm Post subject: |
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My main spammer has an "arrangement" with the Chinese registrar Xin Net
That is an interesting statement.
Do you have any proof of that? Or is it a supposition based on lack of action by Xin Net?
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Krivoi
Sergeant

 Joined: Mar 03, 2008 Posts: 90
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Posted: Sun May 04, 2008 10:40 pm Post subject: |
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Just a supposition, I'm afraid, but I can see my post reads as if there's more than that - I believe there is:
It is my personal opinion that Xin Net must be "in on it" but I do not have proof yet. 
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AlphaCentauri
SIRT Handler Premium Member
 Joined: Nov 20, 2003 Posts: 2889
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Posted: Mon May 05, 2008 5:29 am Post subject: |
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Whether they were complicit, clueless, or just trying very hard not to notice how they were meeting production goals, they are now under a new parent company. Time will tell if the recent signs of responsiveness are an indication that Sino-i intends to remold Xin Net as a reputable registrar. It's certainly not unprecedented for one of the worst to become one of the best.
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seekaybee
SIRT Handler Premium Member
 Joined: Nov 14, 2007 Posts: 131
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Posted: Mon May 05, 2008 5:23 pm Post subject: |
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| AlphaCentauri wrote: | | ...they are now under a new parent company. Time will tell if the recent signs of responsiveness are an indication that Sino-i intends to remold Xin Net as a reputable registrar. |
Xin Net has recently posted a few interesting customer advisories on its site. The earliest (from January) advises customers (I think -- the machine translation is kind of wonky) that Xin Net has " recently launched a new network clean up" and will, "in accordance with the relevant provisions of the Ministry of Information Industry," suspend domains and stop providing DNS services without warning if they discover "site of illegal information, or domain names point to the web site contains illegal information":
http://tinyurl.com/4y55p8
A more recent one from April also involves URL forwarding and specious whois data -- warning, as far as I can make out, that offending domains will be summarily suspended, denied DNS services and the matter referred to the relevant authorities:
http://tinyurl.com/3jwsl9
An advisory from April 8 reminds domain name holders to make certain their registration information is authentic, accurate and complete in preparation for a review to be undertaken between the April 25th and 30th, after which time domain name holders still out of compliance may be subject to some garbled consequences I am totally incapable of deciphering . I presume this is a threat to suspend domains with bad whois data:
http://tinyurl.com/4ax2am
Googling selected text from this advisory returns a number of hits on more or less identical documents on various registrars' sites, so perhaps the Ministry has required registrars to promulgate this notice in the runup to the advent of a new enforcement regime beginning after April 30th? Your guess is as good as mine.
And what does anyone make out of this?:
http://tinyurl.com/4r46hm
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AlphaCentauri
SIRT Handler Premium Member
 Joined: Nov 20, 2003 Posts: 2889
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Posted: Mon May 05, 2008 6:07 pm Post subject: |
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Given that illegal activity specifically includes spreading rumors and Falun Gong, I suspect it is a government initiative -- maybe to avoid embarrassment during the Olympics when television news networks will do feature stories on just about anything that they can play during pauses in the games.
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AlphaCentauri
SIRT Handler Premium Member
 Joined: Nov 20, 2003 Posts: 2889
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Posted: Mon May 05, 2008 9:47 pm Post subject: |
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This looks like the official Chinese government regulations on the matter. But they're from 2004, so it's interesting that no one previously noticed what was going on at Xin Net.
http://tinyurl.com/5t5ap6
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seekaybee
SIRT Handler Premium Member
 Joined: Nov 14, 2007 Posts: 131
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Posted: Mon May 05, 2008 10:34 pm Post subject: |
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| AlphaCentauri wrote: | This looks like the official Chinese government regulations on the matter. But they're from 2004, so it's interesting that no one previously noticed what was going on at Xin Net.
http://tinyurl.com/5t5ap6 | This is the Ministry of Information Industry Order No. 30. It is indeed from 2004, and was based on a similar document from 2002. There's an official English translation here:
http://www.cnnic.net.cn/html/Dir/2005/03/24/2861.htm
What I'm wondering is whether the ministry has informed registrars that it's going to begin stricter enforcement of the order, and has required registrars to publish this advisory to make customers aware of what's in store.
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