The arrests of an Domain Reseller and Registrar Ideaa Biz Solutions owner from Jalandhar, shows how an Intermediary is liable for lack of Due Diligence, when he himself seems to be aware of the fraud being conducted though the Domain Names registered at his end. This is a great example of lack of due diligence and the resulting liability of the Domain Registrar, i.e. the Intermediary.
Facts: Mr Ajay Singh Thakur is a business man (of M/s EG Kantawala Pvt Ltd) dealing with weighing scale business in Mundhva, Maharashtra. He ordered import of raw material of weighing scales from a chinese company Zongshan Camera Electronics Pvt Ltd for the same purpose on 10th October 2016. Mr Ajay Kumar paid an advance of 10% on the total value of $72,000 approx in Chinese Company’s Account. They received a further email for deposit of 30% of the $72,000 amount in another bank account. But he doubted and contacted Chinese Zongshan company, which was clearly denied by the company. This made Mr Ajay Singh contact Pune Cyber Crime Cell, who in turn traced the scam email to Nigeria and Domain Names to PDR Ltd, Mumbai.
On further enquiry, the Pune Cyber Crime tracked down the Domain Names to PDR Reseller and .In Accredit Registrar IDEAA BIZ Solutions (www.DomainKing.Biz) from Jalandhar, where thousands of Domain Names, used in some fraudulent activities were registered. As a result, Pune Cyber Crime Unit arrested owners of IDEAA BIZ Solutions – two brothers Hargurunaz Karimsing Vijaysing and Parabhnaj Karamsing Vijaysing, the same has been posted by Pune Police @ Twitter.
According to the Pune City police, the company registered more than 40,000 domains and used them to conduct online frauds and scams through various domain names registered with them, by use of Nigerian address and IPs. They were operating all over the world and accepting payments through PerfectMoney.com and WTransfer.com. Though clear picture as to how much of direct role they played, will come out after preliminary investigation only.
The complete original news in marathi language is available at: http://epaper.lokmat.com/epapernew.php?articleid=LOK_HPUN_20170205_7_4&width=285px
The owners of DomainKing.biz have previously won a Domain Name Dispute (UDRP) at WIPO (Virtual Dates, Inc. v. Hargurnaz Singh – Case No. D2016-0831) that was filed by famous Domainer Mr Rick Schwartz.
Relevant Information Technology Act Provisions:
- Section 79: Exemption from liability of intermediary in certain cases
- Information Technology (Intermediaries Guidelines) Rules, 2011
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