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ICANN dragged into Gamergate as Whois reform cast as misogynist threat

Kevin Murphy, July 2, 2015, Domain Policy

What do ICANN’s current Whois privacy reform proposals have to do with the “Gamergate” controversy?

Quite a lot, according to the latest group to slam the proposals as an enabler for “doxing… harassment… swatting… stalking… rape and death threats.”

The Online Abuse Prevention Initiative was formed in March by female software developers in the wake of a sexism slash online abuse scandal that continues to divide the video game community.

Led by Randi Harper, OAPI’s first public move was to today write to ICANN to complain about the GNSO Privacy & Proxy Services Accreditation Issues (PPSAI) Working Group Initial Report.

The report, as previously reported, contains a minority opinion that would ban transactional e-commerce sites from using Whois privacy services.

OAPI said today that this posed a risk of “doxing” — the practice of publishing the home address and other personal information about someone with the aim to encourage harassment — and “swatting”, where people call up America’s notoriously trigger-happy cops to report violent crimes at their intended victim’s home address.

Harper, who was one of the targets of the Gamergate movement (Google her for examples of the vitriol) claims to have been a victim of both. The OAPI letter says she “was swatted based on information obtained from the WHOIS record for her domain.”

The letter, which is signed by groups including the Electronic Frontier Foundation, the National Network to End Domestic Violence, the National Council of Women’s Organizations, and dozens of noted digital rights voices, says:

We strongly oppose the Working Group’s proposal, which will physically endanger many domain owners and disproportionately impact those who come from marginalized communities. People perceived to be women, nonwhite, or LGBTQ are often targeted for harassment, and such harassment inflicts significant harm

Even the most limited definition of a “website handling online financial transactions for commercial purpose” will encompass a wide population that could be severely harmed by doxing, such as:

  • women indie game developers who sell products through their own online stores
  • freelance journalists and authors who market their work online
  • small business owners who run stores or businesses from their homes
  • activists who take donations to fund their work, especially those living under totalitarian regimes
  • people who share personal stories online to crowdfund medical procedures

To make things worse, the proposed definition of what constitutes “commercial purpose” could be expanded to include other types of activity such as running ads or posting affiliate links.

The letter does not directly refer to Gamergate, but some of the signatories are its most prominent victims and the allusions are clearly there.

Gamergate is described somewhere in its 9,000-word Wikipedia article as “part of a long-running culture war against efforts to diversify the traditionally male video gaming community, particularly targeting outspoken women.”

At its benign end, it was a movement for stronger ethics in video game journalism. At its malignant end, it involved quite a lot of male gamers sending abuse and violent threats to female players and developers.

The PPSAI report is open for comment until July 7. It has so far attracted over 10,000 emails, most of them rustled up by registrar letter-writing campaigns here and here.

Registrars open floodgate of Whois privacy outrage

Kevin Murphy, June 26, 2015, Domain Policy

A letter-writing campaign orchestrated by the leading domain registrars has resulted in ICANN getting hit with over 8,000 pro-privacy comments in less than a week.

It’s the largest volume of comments received by ICANN on an issue since right-wing Christian activists deluged ICANN with protests about .xxx, back in 2010.

The comments — the vast majority of them unedited template letters — were filed in response to the GNSO Privacy & Proxy Services Accreditation Issues (PPSAI) Working Group Initial Report.

That report attempts to bring privacy and proxy services, currently unregulated by ICANN, under ICANN’s contractual wing.

There are two problematic areas, as far as the registrars are concerned.

The first is the ability of trademark and copyright owners to, under certain circumstances, have the registrant of a privately registered name unmasked.

Upon receiving such a request, privacy services would have 15 days to obtain a response from their customer. They’d then have to make a call as to whether to reveal their contact information to the IP owner or not.

Possibly the most controversial aspect of this is described here:

Disclosure cannot be refused solely for lack of any of the following: (i) a court order; (ii) a subpoena; (iii) a pending civil action; or (iv) a UDRP or URS proceeding; nor can refusal to disclose be solely based on the fact that the request is founded on alleged intellectual property infringement in content on a website associated with the domain name.

In other words, the privacy services (in most cases, also the registrar) would be forced make a judgement on whether web site content is illegal, in the absence of a court order, before removing Whois privacy on a domain.

The second problematic area is an “additional statement” on domains used for commercial activity, appended to the PPSAI report, penned by MarkMonitor on behalf of Facebook, LegitScript, DomainTools, IP attorneys Smith, Gambreall & Russell, and itself.

Those companies believe it should be against the rules for anyone who commercially transacts via their web site to use Whois privacy.

Running ads on a blog, say, would be fine. But asking for, for example, credit card details in order to transact would preclude you from using privacy services.

The PPSAI working group didn’t even approach consensus on this topic, and it’s not a formal recommendation in its report.

Regardless, it’s one of the lynchpins of the current registrar letter-writing campaigns.

A page at SaveDomainPrivacy.org — the site backed by dozens of registrars big and small — describes circumstances under which somebody would need privacy even though they engage in e-commerce.

Home-based businesses, shelters for domestic abuse victims that accept donations, and political activists are all offered up as examples.

Visitors to the site are (or were — the site appears to be down right now (UPDATE: it’s back up)) invited to send a comment to ICANN supporting:

The legitimate use of privacy or proxy services to keep personal information private, protect physical safety, and prevent identity theft

The use of privacy services by all, for all legal purposes, regardless of whether the website is “commercial”

That privacy providers should not be forced to reveal my private information without verifiable evidence of wrongdoing

The content of the site was the subject of a sharp disagreement between MarkMonitor and Tucows executives last Saturday during ICANN 53. I’d tell you exactly what was said, but the recording of the relevant part of the GNSO Saturday session has not yet been published by ICANN.

Another site, which seems to be responsible for the majority of the 8,000+ comments received this week, is backed by the registrar NameCheap and the digital civil rights groups the Electronic Frontier Foundation and Fight For The Future.

NameCheap appears to be trying to build on the reputation it started to create for itself when it opposed the Stop Online Piracy Act a few years ago, going to so far as to link the Whois privacy reforms to SOPA on the campaign web site, which says:

Your privacy provider could be forced to publish your contact data in WHOIS or even give it out to anyone who complains about your website, without due process. Why should a small business owner have to publicize her home address just to have a website?

We think your privacy should be protected, regardless of whether your website is personal or commercial, and your confidential info should not be revealed without due process. If you agree, it’s time to tell ICANN.

The EFF’s involvement seems to have grabbed the attention of many reporters in the general tech press, generating dozens of headlines this week.

The public comment period on the PPSAI initial report ends July 7.

If it continues to attract attention, it could wind up being ICANN’s most-subscribed comment period ever.

Do geeks care about privacy more than Christians care about porn? We’ll find out in a week and a half.

Puerto Rico to host ICANN meeting next year

Kevin Murphy, June 26, 2015, Domain Policy

ICANN is to host its first second ever public meeting on a Caribbean island.

The organization’s board of directors yesterday voted in favor of holding ICANN 57 in San Juan, Puerto Rico.

Technically, this fulfills ICANN’s commitment to hold the meeting in North America, even though physically Puerto Rico is in the Caribbean.

The island is one of those oddities in terms of territories in that it inherits its ICANN region from its political overlords.

Puerto Rico is a US territory, which puts it in ICANN’s North American region. The neighboring British Virgin Islands is, according to ICANN, in Europe.

ICANN 57 will be held from October 29 to November 4 2016, at the tail end of Puerto Rico’s hurricane season. It’s the second time ICANN has visited the island, the first since 2007.

There’s no word yet on where ICANN 56, June 2016, will be held. It’s a designated slot for an Latin American/Caribbean host nation.

ICANN 55 will be held in Marrakech next March, ICANN’s board confirmed yesterday, rescheduled from March this year due to the Ebola scare.

Dublin will host ICANN 54 this coming October.

Posh Spice takes down porn site

Kevin Murphy, June 24, 2015, Domain Policy

Former Spice Girl Victoria Beckham has used UDRP to take down a porn site bearing her name.

victoria-beckham.biz was owned by a Ukrainian, who had set up a site “at which adult and/or pornographic images and services are offered”, according to the UDRP panelist.

It was pretty much a slam-dunk case.

While not all celebrities own trademarks on their names, Beckham does. The squatter, who registered the name in December 2014, did not even attempt a response.

Based on archived screenshots and Whois records, it looks like victoria-beckham.biz has been around as a rather harmless fan site since about 2006.

It was only after the domain expired late last year and was re-registered did it become a porn site, attracting the attention of Beckham’s lawyers.

ICANN bans closed generic gTLDs, for now

Kevin Murphy, June 24, 2015, Domain Policy

ICANN has slapped a de facto ban on so-called “closed generic” gTLDs, at least for the remaining 2012 round applicants.

The ICANN board’s New gTLD Program Committee passed a resolution Sunday that un-freezes the remaining new gTLD applications that envisage a namespace wholly controlled by the applicant.

The affected strings are .hotels, .dvr and .grocery, which are uncontested, as well as .food, .data and .phone, which are contested by one or two other applicants.

The NGPC said five strings are affected, but the ICANN web site currently shows these six.

The resolution allows the contested strings to head to dispute resolution or auction, but makes it clear that “exclusive generic gTLDs” will not be able to sign a registry contract.

Instead, they will either have to withdraw their applications (receiving a partial refund), drop their exclusivity plans, or have their applications carried over to the second new gTLD round.

The GNSO has been asked to develop a policy on closed generics for the second round, which is still probably years away.

It’s not clear whether other applicants would be able to apply for strings that are carried over, potentially making the close generic applicant fight two contention sets.

The NGPC decision comes over two years after the Governmental Advisory Committee advised that closed generics must serve “a public interest goal” or be rejected.

This weekend’s resolution sidesteps the “public interest” question altogether.