Hi Duncan,

First thing to do is get the facts. At a minimum the "complainant" should
present clear, compelling documentation. You might suggest that you "may not
be in a position to do anything," but that you'll listen to the facts. It
wouldn't surprise me if this guy forgot to pay his bill and the domain was
deleted. If that's the case, this problem will go away.

If it turns out that this is legitimate hijacking, the complainant can appeal
through the Dispute Policy. There is one recent case of hijacking that was
quickly corrected by WIPO (I don't recall the case). Hijackings by transfer
are typically inside jobs as -- I believe -- the Transferee must be one of the
original contacts at NSI. Those are the transfer rules at Bulk. I assume
Tucows has a similar policy.

Finally, hijacking is a criminal act that involves wire fraud. If true, I
wouldn't condone this kind of behavior from any client. Yet, it doesn't seem
that any RSP is in a position to take action without a directive from an ICANN
arbitration panel. In this case, "die by the sword, live by the sword." The
Dispute Policy dictates that the parties fight it out, not that you fight it
out with them.

I'm not even a lawyer but I'll tell you this in not legal advise, blah, blah,
blah.... get a lawyer for real advise... blah, blah, blah.... Hope this
helps.

Best Regards, Loren




"Duncan J" <[EMAIL PROTECTED]> wrote:
Hello,

I need some advice because I'm in a very abnormal situation now. I received an
email from 
someone complaining that one of my customers hijacked his domain name from
Network 
Solutions and then transferred to OpenSRS, and I'm the RSP.

I have some questions:

1. How am I able to figure out whether the complaint is real?

2. If it is real, am I responsible for anything?

3. In my opinion, I don't want to bother this problem coz I'm only an RSP. Am
I right?

4. What should I do?

I do not want to contact my customer before I make things clear. And I don't
want to lose a 
customer too!

Any advice would be helpful. Thanks!!

Regards,
+++ Duncan J. +++

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