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."
