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Crunch time, again, for Whois access policy

Kevin Murphy, October 14, 2019, Domain Policy

Talks seeking to craft a new policy for allowing access to private Whois data have hit another nodal point, with the community now pressuring the ICANN board of directors for action.

The Whois working group has more or less decided that a centralized model for data access, with ICANN perhaps acting as a clearinghouse, is the best way forward, but it needs to know whether ICANN is prepared to take on this role and all the potential liabilities that come with it.

Acronym time! The group is known as the Whois EPDP WG (for Expedited Policy Development Process Working Group) and it’s come up with a rough Whois access framework it’s decided to call the Standardized System for Access and Disclosure (SSAD).

Its goal is to figure out a way to minimize the harms that Europe’s General Data Protection Regulation allegedly caused to law enforcement, IP owners, security researchers and others by hiding basically all gTLD registration data by default.

The SSAD, which is intended to be as automated as possible, is the working group’s proposed way of handling this.

The “hamburger model” the EPDP has come up with sees registries/registrars and data requestors as the top and bottom of the sandwich (or vice versa) with some yet-to-be-decided organizational patty filling acting as an interface between the two.

The patty would handle access control for the data requests and be responsible for credentialing requestors. It could either be ICANN acting alone, or ICANN coordinating several different interface bodies (the likes of WIPO have been suggested).

Should the burger be made only of mashed-up cow eyelids, or should it incorporate the eyelids of other species too? That’s now the question that ICANN’s board is essentially being posed.

Since this “phase two” work kicked off, it’s taken about five months, 24 two-hour teleconferences, and a three-day face-to-face meeting to get to this still pretty raw, uncooked state.

The problem the working group is facing now is that everyone wants ICANN to play a hands-on role in running a centralized SSAD system, but it has little idea just how much ICANN is prepared to get involved.

The cost of running such a system aside, legislation such as GDPR allows for pretty hefty fines in cases of privacy breaches, so there’s potentially a big liability ask of notoriously risk-averse ICANN.

So the WG has written to ICANN’s board of directors in an attempt to get a firm answer one way or the other.

If the board decided ICANN should steer clear, the WG may have to go back more or less to square one and focus on adapting the current Whois model, which is distributed among registrars and registries, for the post-GDPR world.

How much risk and responsibility ICANN is willing to absorb could also dictate which specific SSAD models the WG pursues in future.

There’s also a view that, with no clarity from ICANN, the chance of the WG reaching consensus is unlikely.

This will be a hot topic at ICANN 66 in Montreal next month.

Expect the Governmental Advisory Committee, which had asked for “considerable and demonstrable progress, if not completion” of the access model by Montreal, to be disappointed.

After .org price outrage, ICANN says it has NOT scrapped public comments

Kevin Murphy, October 11, 2019, Domain Policy

ICANN this evening said that it will continue to open up gTLD registry contract amendments for public comment periods, despite posting information yesterday suggesting that it would stop doing so.

The organization recently formalized what it calls “internal guidelines” on when public comment periods are required, and provided a summary in a blog post yesterday.

It was very easy to infer from the wording of the post that ICANN, in the wake of the controversy over the renegotiation of Public Interest Registry’s .org contract, had decided to no longer ask for public comments on future legacy gTLD contract amendments.

I inferred as much, as did another domain news blogger and a few other interested parties I pinged today.

I asked ICANN if that was a correct inference and Cyrus Namazi, head of ICANN’s Global Domains Division, replied:

No, that is not correct. All Registry contract amendments will continue to be posted for public comment same as before.

He went on to say that contract changes that come about as a result of Registry Service Evaluation Process requests or stuff like change of ownership will continue to not be subject to full public comment periods (though RSEP does have its own, less-publicized comment system).

The ICANN blog post lists several scenarios in which ICANN is required to open a public comment period. On the list is this:

ICANN org base agreements with registry operators and registrars.

The word “base” raised at least eight eyebrows of people who read the post, including my two.

The “base” agreements ICANN has with registries and registrars are the 2013 Registrar Accreditation Agreement and the 2012/2017 Registry Agreement.

The RAA applies to all accredited registrars and the base RA applies to all new gTLD registries that applied in the 2012 round.

Registries that applied for, or were already running, gTLDs prior to 2012 all have bespoke contracts that have been gradually brought more — but not necessarily fully — into line with the 2012/17 RA in renewal renegotiations over the last several years.

In all cases, the renegotiated legacy contracts have been subject to public comment, but in no cases have the comments had any meaningful impact on their ultimate approval by ICANN.

The most recent such renewal was Public Interest Registry’s .org contract.

Among the changes were the introduction of the Uniform Rapid Suspension anti-cybersquatting policy, and the removal of price caps that had limited PIR to a 10% increase per year.

The comment period on this contract attracted over 3,200 comments, almost all of which objected to the price regulation changes or the URS.

But the contract was signed regardless, unaffected by the comments, which caused one registrar, NameCheap, to describe the process as a “sham”.

With this apparently specific reference to “base” agreements coming so soon thereafter, it’s easy to see how we could have assumed ICANN had decided to cut off public comment on these contentious issues altogether, but that appears to not be the case.

What this seems to mean is that when .com next comes up for renewal, it will be open for comment.

Hindu god smites Chrysler gTLD

Kevin Murphy, October 11, 2019, Domain Policy

Car-maker Chrysler has withdrawn its application for the .ram dot-brand gTLD more than six years after receiving a government objection on religious grounds.

Ram is a brand of pickup trucks manufactured by Chrysler, but it’s also a variant spelling of Rama, an important deity in the Hindu pantheon.

Back in 2013, ICANN’s Governmental Advisory Committee forwarded an objection from majority-Hindu India, later saying: “The application for .ram is a matter of extreme sensitivity for the Government of India on political and religious considerations.”

In a 19-page response (pdf), Chrysler said that Ram vehicles had been around for 75 years without offending Hindus, and that .ram was to be a restricted dot-brand that could not be used by third parties to post offensive content.

The objection appeared at a time when the GAC was not obliged to show its thinking and often deliberately obfuscated its advice. But ICANN placed .ram on hold anyway, where it has remained ever since.

Over the intervening time, Chrysler has rethought its dot-brand strategy, and last month called on ICANN to cancel five of the six gTLDs it already owns (but does not use) — .chrysler, .dodge, .mopar, .srt and .uconnect.

It’s still contracted to run .jeep, weirdly.

Top ICANN advisor Tarek Kamel dies at 57

Kevin Murphy, October 11, 2019, Domain Policy

Tarek Kamel, a senior advisor to the ICANN CEO and one-time shortlisted candidate for the top job, died yesterday, according to ICANN. He was 57.

His cause of death was not released, but he apparently had been suffering from health challenges for some time.

At ICANN, Kamel was senior advisor to the president and senior vice president for government and IGO engagement, a role he was appointed to in 2012 by then-incoming CEO Fadi Chehadé.

Kamel had been one of three shortlisted candidates for the CEO role and was hired immediately after Chehadé took over.

Born in Egypt, Kamel was considered locally as an internet pioneer, helping to found, then deregulate and reform the sector in his country.

He trained as an electrical engineer in Egypt and Germany, and is said to have established Egypt’s first connection to the internet in the mid-1990s, a period in which he also founded the local chapter of the Internet Society.

But Kamel spend much of his career in government, acting as Egypt’s minister for information and communication technology between 2004 and 2011.

His tenure ended in January 2011, as a result of the revolution which ousted President Hosni Mubarak.

During the final weeks of Mubarak’s regime, the government attempted to disrupt popular resistance by shutting down internet access across the country, causing pleas from Kamel’s friends for him to restore connectivity and preserve his legacy.

But Chehadé later defended Kamel’s actions during the revolution, telling DI in 2012 that he was not responsible for the shutdown and that he showed “near-heroism”, putting himself and his family at great personal risk, in order to restore services as quickly as possible.

Kamel was described yesterday by current CEO Göran Marby as a “dear friend” with a “big heart” and a “great sense of humor” who helped open diplomatic doors for ICANN in the Middle East.

Former ICANN chair and father of the internet Vint Cerf said “our Internet community has lost a kindred spirit so devoted to the idea of a global Internet to hold and use in common”.

He added, “if heaven does not have broadband yet, Tarek will make it so.”

Kamel is survived by his wife and two children.

Marby yesterday encouraged friends and colleagues to leave a memorial in the comments section of this blog post, assuring commenters that their words will reach Kamel’s family.

His family and friends have my condolences.

ICANN’s babysitting fund goes live

Kevin Murphy, October 1, 2019, Domain Policy

ICANN has started accepting applications for its childcare grants program.

As previously reported, ICANN plans to offer up to $750 per family to community members who have no choice but to show up to its meetings with their offspring in tow.

The money is designed to cover childcare costs while the parent attends sessions at ICANN’s thrice-yearly public meetings.

ICANN will not be providing any on-site childcare itself, nor will it approve any providers.

The program is in a pilot, covering the next three meetings.

The current application period, for ICANN 67 in Cancun, Mexico next March, runs until November 20. The application form wouldn’t open for me.

Full details can be found here.