domainwatch.org

Domain name entrepreneur goes west
http://www.theage.com.au/news/biztech/domain-name-entrepreneur-goes-west/2006/08/21/1156012473234.html

” …

Domain name entrepreneur goes west
By NICK MILLER
August 22, 2006

Domain name entrepreneur Blair Rafferty has a spectacular view from his office on the 50th floor of a Melbourne high-rise but doesn’t seem to have enjoyed it. After receiving a shot across the bows last week from .au domain name administrator auDA, and an injunction from a New Zealand court, he appears to have moved to Perth and gone into the mobile phone business.

Mr Rafferty, 24, is the younger brother of bankrupt Chesley Rafferty, who was successfully sued in 2003 by the ACCC for sending out letters that looked like invoices inviting people to register domain names.

Last month we reported that Chesley appeared to have handed on the “family business” to Blair. Last Wednesday auDA issued a “consumer alert” on Blair’s business dealings, concerned that he was sending letters to domain name registrants offering to register the .net.au equivalent of their .com.au domain, plus a free MP3 player.

The auDA says the letters may mislead people into believing they are renewing an existing domain rather than buying a new one. The $225 charge is much higher than the going rate, and numerous customers complained that the .net.au domains were not registered and MP3 players not sent.

The auDA is taking legal advice on whether it can take civil action against the younger Mr Rafferty, auDA chief Chris Disspain says. The ACCC has also received complaints but would not say if it was investigating them. The Age tried unsuccessfully to contact Blair Rafferty at the Collins Street offices of DomainName.com.au.

Last Monday Justice Hansen of the New Zealand High Court froze the local local accounts of Mr Rafferty’s company NZ Domain Registration Ltd and ordered the company to stop soliciting domain name registrations.

ASIC records reveal Mr Rafferty last month registered three new businesses in Perth: Aussie Messenger, Fun Messages and Ausmobiles.com.

… “

InternetNZ, through the Office of the Domain Name Commissioner, has obtained an interim injunction against NZ Domain Registration Limited.

NZ Domain Registration Ltd
http://www.dnc.org.nz/story/30259-29-1.html

” …

Further Update:

InternetNZ, through the Office of the Domain Name Commissioner (DNC), has obtained an interim injunction against NZ Domain Registration Limited (NZDRL). The injunction relates to NZDRL’s recent mass mail out. A copy of the Court’s order may be read here.

Money or cheques forwarded to NZDRL as a result of a recent mass mail out will be held in New Zealand pending the court’s final decision about whether NZDRL’s actions are legal or illegal.

The DNC wants any people who responded by mistake to NZDRL to get their money back. The DNC also wants to make sure that NZDRL gets domain names for the people who did mean to respond - if the domain names are still available.

In the Court proceedings the DNC claims that: NZDRL’s offers of .nz domain names look like invoices; NZDRL’s offers are likely to mislead or deceive recipients into paying them by mistake; NZDRL appears to be controlled from Western Australia; The DNC wants, at least, to have all responses to the offers held in New Zealand until everyone who has responded to them has confirmed whether or not they meant to try to register a new domain name.

NZDRL has not yet advised the Court of its full responses to the DNC’s claims. NZDRL has claimed that its offers are made in good faith and that its offer of a free MP3 player remains good.

The DNC notes that NZDRL’s offer does not ask for sufficient information to allow a .nz domain name to be registered.

NZDRL is not an authorised .nz registrar (or a reseller for an authorised ..nz registrar). NZDRL has not already registered the .nz domain names that it is offering to members of the public.

People who accept NZDRL’s offer may find that the domain name they want has been registered to someone else before NZDRL could get it. The .nz registry operates online on a “first come, first served” basis.

The DNC still encourages people to be cautious when deciding what action to take in respect of NZDRL’s notices.

… “

NZ Domain Registration Ltd
http://www.dnc.org.nz/story/30259-29-1.html

” …

NZ Domain Registration Ltd
Published at 3:50pm, 7th August 2006

The Domain Name Commissioner is aware of a mass mail out by an entity “NZ Domain Registration Ltd”.

NZ Domain Registration Ltd appears to be sending pro forma letters to registrants seeking fees for the registration of .net.nz names.

The letters to registrants specify a .net.nz domain name to be registered.

Authorised .nz domain name registrars are not permitted to specify a particular domain name in an offer of registry services. NZ Domain Registration Ltd is not an authorised .nz registrar.

The letters are also in a printed form that looks similar to an invoice or a renewal notice. This may cause confusion.

Registrants who have recently received what appears to be an invoice or a renewal notice for their domain name are strongly advised to look carefully at all details before paying any sum requested.

Registrants are strongly advised to be cautious before proceeding with any registration offered in a letter from NZ Domain Registration Ltd.

Registrants are also reminded that they are under no obligation to proceed with the registration and that doing nothing will not affect their current domain name registrations.

The DNC is monitoring the situation and will investigate any possible breaches of .nz policy. If people have concerns about the actions of NZ Domain Registration Ltd please email info@dnc.org.nz.
… “

Rafferty carries on domain slamming
http://www.geekzone.co.nz/juha/1021

” …

It’s another Rafferty this time though: Blair, who is the brother of Chesley.

Blair’s been mailing .nz registrants in large numbers with these letters:

Which the New Zealand Domain Name Commissioner says looks like invoices or a domain renewal notices, complete with payment slips at the bottom. An MP3 player is held up as a carrot for potential registrants as well.

The people I spoke to for the Computerworld said that Rafferty’s company is asking money for a variant of their existing domain name - for example, if they have somedomain.co.nz, the letter mentions somedomain.net.nz. In other words, you wouldn’t be renewing your domain but registering another one.

Blair apparently took over Chesley’s directorships when the latter brother went bankrupt last year. In July this year, Chesley’s partner Brad Norrish also went bankrupt. Both men have million-dollar judgements against them in the Australian Federal Court.

Unfortunately, it looks like this kind of scamming is hard to stamp out. There are always some people who will fall for it, and at $225 a piece, it doesn’t take long before the scammer makes a return on his “investment”.

If you have a .nz domain and have received one of the above letters - DON’T PAY. Apart from anything, it’s a craptacular deal. Computerworld reader Patrick Baron wrote in and said he can get two years’ worth of .nz registration at Freeparking for $85.39. He also says a 128MB USB-stick MP3 player can be had for around $58, so the $225 Rafferty’s asking is a lousy deal.

I’d like to know how Rafferty can register new .nz domains though like this? The DNC needs to investigate this and de-authorise whoever it is that is helping out Rafferty.

By Juha Saarinen

… “

Rafferty brother continues domain slamming scam
http://computerworld.co.nz/news.nsf/0/869000D3A38C3BA7CC2571C3000317D8?OpenDocument

” …

Rafferty brother continues domain slamming scam
By Juha Saarinen, Auckland | Monday, 7 August, 2006

Blair Rafferty is believed to have resurrected his bankrupt brother Chesley’s domain name registration scam, targetting New Zealand and Australian registrants.

Domain name registrants in New Zealand are sent pro-forma invoices asking for $225 for a two-year period through NZ Domain Registration Ltd, with an office address given as 60 Cook Street, Auckland. The address is the same that Chesley Rafferty used in the past and leads to The Corporate Centre, which supplies serviced offices and telephone answering for customers.

Blair Rafferty is listed as the director of New Zealand Domain Registration Ltd, according to the Companies Office.

Clemenger Commmunications National IT Manager Jeremy Strachan says he received twenty such letters for various New Zealand domains. He says the domains are ones registered but not used by him, indicating that the information used by Rafferty is out of date.

Strachan showed Computerworld a copy of the letter, which promises a “free MP3 player” if people take the bait. Another .nz registrant, Patrick Baron, contacted Computerworldto say that he too has targetted by NZ Domain Registration Ltd. Baron says he is being offered the .net.nz version of his existing .co.nz domain for $225.00 including GST, and describes the attempt to as a “slightly more sophisticated mass-mailing attack” than previous such runs.

Chesley Rafferty sent out hundreds of thousands of invoices similar to the ones making the rounds now, was found guilty by Australia’s Federal court in 2004 of false and misleading conduct under the country’s Trade Practices Act.

In 2005, Chesley Rafferty and his business partner Brad Norrish had A$1.3 million damages awarded against them, after the Federal Court found the pair had copied UK domain registrar Nominet’s database of customers. Rafferty went bankrupt last year, and Norrish in July this year.

However, Blair Rafferty has since then taken over as director of his brother’s companies, according to Australian official records.

Computerworld rang the number given for New Zealand Domain Registration Ltd to speak to Blair Rafferty but the call was answered by a voice mail recorder. Our call was not returned.

New Zealand Domain Name Commissioner Debbie Monahan says her office is aware of Rafferty’s mailout, and is working with the Commerce Commission on the case. Monahan says the format of the letters is somewhat different to the last time the slamming scam made the rounds in New Zealand, but adds that the letters still give the impression that they are invoices or renewal notices for domains.

… “

from: whois.publicdomainregistry.com

” …

Owner (Registrant Contact)

Name: Domain Manager
Company: NZ Domain Registration Ltd
Address:

Level 3
60 Cook St

City: Auckland
State: Auckland
Country: NZ
Zip: 1010
Tel No: 064 93531790
Fax No:
Email: info@nzdomainregistation.com

Administrative Contact

Name: Domain Manager
Company: NZ Domain Registration Ltd
Address:

Level 3
60 Cook St

City: Auckland
State: Auckland
Country: NZ
Zip: 1010
Tel No: 064 93531790
Fax No:
Email: info@nzdomainregistation.com

Technical Contact

Name: Domain Manager
Company: NZ Domain Registration Ltd
Address:

Level 3
60 Cook St

City: Auckland
State: Auckland
Country: NZ
Zip: 1010
Tel No: 064 93531790
Fax No:
Email: info@nzdomainregistation.com

Nameserver Details

NameServer: ns1-sullivan.nswebhost.com
NameServer: ns2-sullivan.nswebhost.com

Record Details

Creation Date: Jul 10 2006
Expiration Date: Jul 10 2007

… “