Financial Services Authority loses domain name challenge

Findlay Steele Associates registered the domain name in April 1997, before the Financial Services Authority came into existence. The Authority, which uses the domain name fsa.gov.uk, argued that it should control fsa.co.uk. It pointed out that confidential e-mails were going astray.

Findlay Steele Associates successfully argued that, in these circumstances, the fault lies with the sender, not the recipient. The software company also commented that the Authority and those sending it confidential e-mails should be encrypting their communications since they were in any event using a public network where they could be relatively easily intercepted at any point.

Initially, Nominet put the domain name on hold, having sided with the Authority. However, an independent expert appointed in the case subsequently recommended that the name should stay with the software company.

In its adjudication, released today, Nominet comments that: “We note that the [Financial Services Authority] has intimated that it may issue legal proceedings in respect of the Domain Name. Nominet also notes that in spite of a lapse of approximately four years since the registration was made, the complainant has not so far issued legal proceedings”

Which, comments the company, “is as close to a rebuke as Nominet is ever likely to issue.” Elaine Findlay, managing director, said:

"They've tried to use bully-boy tactics against us and failed. We could never have been cybersquatters or carpet-baggers, we registered the domain name before the Authority was even announced. This case has dragged on since January and the Authority have threatened me with potential legal bills that I could never afford. They've also made comments to journalists which, if printed, would have given me grounds for libel actions. I'm just glad it's all over, so I can get back to running my business without these constant threats hanging over me."