Politicians’ names in internet domains auction
A LEGAL storm may be brewing between an MDC official and politicians from other political parties over plans by the former to sell website domains bearing names of prominent political figures.
MDC national youth organising secretary Mr Shephard Dube recently announced that he had created and would auction website domains bearing names of local politicians.
The domain names include names of Vice-President Cde Emmerson Mnangagwa, MDC-T vice-president Ms Thokozani Khuphe, PDP leader Mr Tendai Biti and RDZ president Mr Elton Mangoma.
Other politicians whose names are up for auctioning include MDC-T secretary-general Mr Douglas Mwonzora, PDP secretary-general Mr Gorden Moyo, former Minister Dr Nkosana Moyo, and Zifa president Cde Philip Chiyangwa.
The domain with VP Mnangagwa’s name www. emmersonmnangagwa.com is fetching the highest starting bidding amount of $35 000, Dr Moyo’s www.nkosanamoyo. com is selling for $ 8 000 and Mr Biti’s www.tendaibiti.com going for $6 000.
Analysts noted that Mr Dube’s venture was unethical and could open room for people’s identities to be abused should the domain be bought by cyber terrorists. Announcing the development through Facebook Mr Dube requested that people with names similar to domain names he had created to contact him, offering them the first right of refusal. With no one having contacted him by the deadline he had set, Mr Dube declared, using the same platform that he would go ahead with auctioning the names.
“Pursuant to our profit making goals we have resolved to auction the following domain names at the start bidding price stated after each domain name herein under,” he wrote on his Facebook timeline.
Minister for Information, Communication and Technology and Courier Services Cde Supa Mandiwanzira described Mr Dube’s venture as mischievous.
“This mischief is totally unacceptable. The affected people can kickstart civil proceedings,” he said.
Information and Communication Technology (ICT) expert, Mr Ronald Ndlovu said it was clear that Mr Dube, as a political player had “other” motives that were not financial in his project. Mr said while Mr Dube was being unethical in his conduct, it was difficult for people whose names are similar to the domain names on auction to sue him.
He added that the fact that the domain names created by Mr Dube were registered outside the country’s borders made it difficult for anyone to get legal recourse in Zimbabwe.
“It’s tricky. Domain names like .com .net and .infor are not administered in Zimbabwe, so in that case it is difficult to enforce the law. One would need to engage the American government and have a very good reason to convict,” he said.
Mr Ndlovu said prominent people needed to be proactive in protecting their brands by preemptively registering their names to avoid their names being registered as website domains by other individuals. Legal expert Mr Thulani Ndlovu had a different opinion and said Mr Dube could still be sued using local laws.
He however, noted that the country’s laws were outdated and had many loopholes when it comes to dealing with ICT cases.
“There is a window to prosecute. There is a principle which says if a crime is committed outside the country’s borders but the effect is felt in Zimbabwe, the country can assume prosecuting powers. But it’s a difficult case to deal with because our laws are a bit outdated when it comes to ICT cases,” he said.
MDC-T spokesperson, Mr Obert Gutu, who is also a lawyer said although Mr Dube’s motive was not clear, his project remained illegal.
“He can’t sell those domain names if he doesn’t have the mandate of the individuals. It is patently unlawful to use someone’s identity without their consent, especially if you look at it from a security dimension.”
Mr Gutu said the affected individuals could make a police report against Mr Dube and sue for damages.
Zanu-PF national spokesperson Cde Simon Khaya Moyo was, however, indifferent towards Mr Dube’s project.
He said while Mr Dube had no mandate to create website domains bearing names of Zanu-PF officials, the ruling party would not be moved by antics by the opposition official.
“It’s none of our business. He is free to create as many websites as he wants. Zanu-PF is a party with tested principles, policies and programmes which the people are aware of. It only shows that he is scared of Zanu-PF. He is worried that come election time Zanu-PF will trounce his party. He wants to drive a wedge between the party’s leaders. He won’t succeed,” said Cde Khaya Moyo.
Mr Dube, in another Facebook post, scoffed at suggestions that his venture was illegal and affected people could sue.