DNS

The DNS, or Domain Name System, is an addressing system for the Internet that allows a domain name to be associated with an IP address, so that a message can reach its recipient or an Internet user can find a particular website.

DNS servers allow the management of domain name requests in IP addresses.

They work in a hierarchy, allowing the creation of sub-domains.

Recursive servers allow to browse the DNS hierarchy and to forward a request to one or more name servers in order to obtain an answer.

The root DNS servers, located at the top of the DNS hierarchy, are managed by independent organizations that allow the distribution of IP addresses.

This distribution is coordinated and supervised by ICANN in order to avoid duplication and possible technical problems.

The recursive servers used to browse the DNS hierarchy are generally made available to Internet users by their Internet service providers.

Each domain name has several DNS servers, which ensures a certain continuity when one of the DNS servers is no longer functional.

The DNS includes a certain amount of information that makes it possible to assess the use made of a domain name, and in particular the following information:

• MX record: this information identifies whether an email server is associated with a domain name, meaning that the domain name holder potentially has email addresses associated with it;
• NS record: this information identifies the identity of the DNS servers of a specific domain, and can thus make it possible to associate several domain names with the same presumed holder.

DNS records are particularly useful in the context of disputes relating to the use of a domain name, and in particular in the context of UDRP or SYRELI actions, since they provide evidence of the potentially bad faith use of a domain name by its holder.

Finally, many types of attacks on DNS servers exist, with the effect of intercepting data (“man in the middle” attack), blocking a site (“DoS attack”), usurping the identity of the domain name (“DNS attack”), and so on. spoofing” ) or to redirect Internet users to a third-party site (“DNS cache poisoning” attack).

Point of legislation

“The allocation and management of domain names attached to each top-level domain of the Internet domain addressing system corresponding to the country codes of the national territory or part thereof shall be centralized by a single body called the registry”.

Article L45 of the French Post and Electronic Communications Code

Point of jurisprudence

The European Union Court of First Instance was able to recall that ” The Domain Name System allows people to navigate the Internet by linking domain names to numbers that identify computers connected to the Internet. The management of the technical elements of this service is coordinated by a non-profit organization under Californian law (United States), namely the Internet Corporation for Assigned Names and Numbers (…) “”.

European Union Court, December 15, 2009, No. T-107/06

The Bouchara Law firm assists you in particular in :

• Judicial and extra-judicial proceedings relating to domain names(SYRELI,UDRP, cnDRP, ukDRP…);
• The strategization of domain names;
• The registration of domain names;
• Negotiation and redemption of domain names registered in confidence;
• The implementation of backorders.