When an In Rem Action Is Necessary
ACPA permits an in rem action directly against a domain name, filed in the judicial district where the registry or registrar is located, when the registrant cannot be found through due diligence or is not subject to personal jurisdiction in the United States. This provision exists specifically for the scenario where privacy/proxy registration or an offshore registrant would otherwise make a cybersquatting claim unenforceable.
Documenting Good-Faith Efforts to Identify the Registrant
Courts require evidence of a genuine, exhausted effort to identify and locate the registrant before an in rem action proceeds. That record — WHOIS/RDAP history, attempted contact through available channels, registrar inquiries, and any available reverse-lookup or infrastructure-based attribution work — is itself a key exhibit in the case.