by Structured Settlement Watchdog
Many people are relentlessly hounded by robocalls and telemarketers day and night. Even when the caller ID shows a local number or business, it often turns out these pesky callers are dialing in from faraway places like Pakistan, India, the Philippines, or even Egypt.
In "Structured Settlement Cash Now Companies in "Pyramid Scheme" to Avoid TCPA Privacy Rules", I discussed how an Egyptian company was soliciting to see if I wanted to use their structured settlement factoring cold callers (even though we're not in that business). One wonders what devious actors in the structured settlement secondary market were patronizing that service. And if such potential exploitation of US Privacy laws was going in to the degree that the Egyptian company was willing to brag about it, what else is going on from outside of our borders?
Surely You Can't Be Serious?
How is it possible that a foreign entity has a domain name with a .us extension (e.g. surelyyoucantbeserious.us)? Isn't that supposed to just be for US citizens?
GoDaddy Registry is the sponsor for the country-code top-level domain name (ccTLD).us extensions that represents the United States.
Who can register .us domains?
The U.S. Nexus Requirement ensures that only individuals or organizations that have a substantive connection to the United States can register .us domain names. To qualify for a .us domain name, you must be meet one of the 3 below requirements:
- A natural person (i) who is a citizen or permanent resident of the United States of America or any of its possessions or territories, or (ii) whose primary place of domicile is in the United States of America or any of its possessions.
- An entity or organization that is (i) incorporated within one of the fifty (50) U.S. states, the District of Columbia, or any of the United States possessions or territories or (ii) organized or otherwise constituted under the laws of a state of the United States of America, the District of Columbia, or any of its possessions or territories.
- An entity or organization (domestic or foreign, including a federal, state, or local government of the United States, or a political subdivision thereof) that has a bona fide presence in the United States. Bona fide presence in the United States means having real and substantial lawful connections with, or lawful activities in, the United States. This requirement is intended to ensure that only those individuals or organizations that have a substantive lawful connection to the United States are permitted to register for .us domain names.
According to registrar policy, " by applying to register a domain name, registering a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in your usTLD Registration Agreement are complete and accurate; (b) you are not registering the domain name for an unlawful purpose; and (c) you will not knowingly use the domain name in violation of any applicable laws or regulations. It is your responsibility to determine whether your domain name registration is in compliance with the usTLD Registration Agreement.
3. Mandatory Administrative Proceeding – You are required to submit to a mandatory administrative proceeding in the event that a third party (a “Complainant”) asserts to the dispute provider (“Provider”), in compliance with the Rules, that your domain name has been registered or is being used in violation of the Nexus Requirements.
a. Evidence of Noncompliance with US Nexus – For the purposes of Paragraph 3, the following circumstances, in particular but without limitation, if found by the Provider to be present, shall be evidence of noncompliance with the Nexus Requirements:
i. You are not (a) a United States citizen, (b) a permanent resident of the United States of America or any of its possessions or territories, or (c) primarily domiciled in the United States of America or any of its possessions; or
II. You are not a United States entity or organization that is (a) Incorporated within one of the fifty (50) U.S. states, the District of Columbia, or any of the United States possessions or territories, or (b) organized or otherwise constituted under the laws of a state of the United States of America, the District of Columbia or any of its possessions or territories (including a federal, state, or local government of the United States or a political subdivision thereof, and non-commercial organizations based in the United States); or
III. You are not a foreign entity (including an Individual) or organization that has a bona fide presence in the United States of America. In order to have a “bona fide presence”, you must have real and substantial connections with, or lawful activities in, the United States of America.