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Brexit won’t just affect Brits, .eu registry says

Kevin Murphy, January 25, 2019, Domain Policy

European Union citizens living in the UK could find their .eu domain names shut off in the next few months, EURid has said.

In a just-published update to its Brexit guidance, the registry has told Brits that they stand to lose their domains on May 30, should the UK leave the EU with no transition deal.

That would give them just two months to transfer their domains to an entity in one of the remaining 27 member states.

On May 30, affected domains will be removed from the .eu zone file and will stop resolving, technically entering “withdrawn” status.

It will be no longer be possible to renew these domains, nor to transfer any domains to a UK-based registrant.

All affected domains — over 273,000 at the last-published count — will be deleted and released back into the available pool, in batches, following March 30, 2020.

This could be good news for domainers in the EU27, given that the deleted domains may include potentially valuable generics.

But EU27 citizens currently residing in the UK, who for whatever reason are unable to transfer their names to an address in their home country, will be treated at first in the same way as Brits. EURid said:

There may be situations of EU citizens, who at present are residing in the UK and have registered a .eu domain name. These citizens would become ineligible as a result of the UK withdrawal and would, therefore lose their eligibility for a .eu domain name, but might become eligible again when the new .eu regulatory framework comes into force later this year. At present, such individuals will experience a disruption of service from 30 May 2019, as a result of the withdrawal of the name.

The registry said last month that new regulations are coming that would allow EU citizens to register .eu domains no matter in which country they live.

Before these regulations kick in, these EU registrants will find their names unresolvable.

By May 30, starving Brits will be far too preoccupied with beating each other to death in the streets for scraps of the country’s last remaining baguette, trading sexual favors for insulin, and so on, so .eu domains will likely be among the least of their no-deal Brexit concerns.

The situation for registrants if the UK leaves the EU with a deal is less urgent. Their domains will stop functioning March 2, 2021, and from January 1, 2022, will be released back into the pool for registration.

Brits would be able to register new .eu domains all the way through the transition period, until the end of December 2020.

It’s not beyond the bounds of possibility that Brits could be grandfathered in to .eu eligibility, should the UK leave on terms similar to European Economic Area members such as Norway, which are eligible under the existing rules.

Currently, it’s anyone’s guess whether we’re leaving with a deal or without. The government’s proposed transition plan was defeated earlier this month in an unprecedented revolt by members of parliament, which leaves no-deal enshrined in the statute books as the default option.

The government is currently attempting to talk its MPs into switching sides, but many suspect it’s just attempting to run down the clock to the March 29 Brexit deadline, compelling MPs to vote for the transition at the eleventh hour as the lesser of two evils.

The opposition is currently urging the government to rule out a no-deal scenario, to discourage British businesses from executing potentially irreversible and damaging exit plans, but the government is reluctant to do so, fearing it could weaken its negotiating hand with the EU27.

The far more-sensible option — giving British voters the opportunity to change their minds with a referendum — appears to be gaining support among MPs but still seems like a pipe dream.

There’s some evidence that the UK is now officially a demographically Remain country, simply due to the number of elderly racists who have died, and the number of youthful idealists who have reached voting age, since the original 2016 referendum.

ICANN creates female-heavy anti-harassment team

Kevin Murphy, January 21, 2019, Domain Policy

ICANN’s board of directors has created a new team to look at issues of harassment in the community.

The new Board Working Group on Anti-Harassment has eight members, six of whom are women.

In fact, all six female members of the board, including non-voting liaisons, have been appointed to the group.

The members are Becky Burr, Chris Disspain, Avri Doria, Lito Ibarra, Manal Ismail, Merike Kaeo and Tripti Sinha. It will be chaired by Sarah Deutsch.

The board said “a focused group of Board members can be part of a group that is trying to help create an environment where the ICANN community is free to focus on the mission and not on behaviors that should not be a part of the working environment.”

Harassment, particularly sexual harassment, has been a simmering topic in the community for a few years, ever since the infamous Cheesesandwichgate affair.

In response, ICANN created its first anti-harassment policy, to complement its longstanding Expected Rules of Behavior.

At ICANN 63 in Barcelona last October, I noticed several unavoidably prominent warnings — billboards the height of a man person — warning attendees against harassing their fellow participants, citing the policy.

In late 2017, an unscientific survey of ICANN community members found that one in three women had experienced or witnessed sexism while participating.

But ICANN’s Ombudsman told DI at the time that no complaints had been filed under the harassment policy in the first eight months it was in effect, even as the #MeToo movement took off.

Critics say that women are reluctant to report incidents to the Ombudsman because he is a man. I expect this is something the new board working group will look at.

In March last year, a group of female community members wrote to ICANN with a set of stories about how they had been harassed at ICANN meetings.

While stopping short of any serious criminal allegations, the stories depicted a working environment that can sometimes be very hostile to women, particularly when alcohol is involved.

ICANN chief gets $100k bonus

Kevin Murphy, January 21, 2019, Domain Policy

ICANN CEO Goran Marby has been awarded almost $100,000 of his annual bonus.

The ICANN board of directors last week voted to approve the first half of his fiscal year 2019 “at risk compensation”, what ICANN calls the discretionary, performance-driven part of its executive compensation packages.

Marby’s salary is $653,846.17 per annum, and the at-risk component is an additional 30% of that. Half of the bonus comes to just over $98,000.

His base pay is about $23,000 more than immediate predecessor Fadi Chehade, but considerably less than two-CEOs-ago Rod Beckstrom, who took home $750,000 and, if it was paid, $195,000 in bonuses.

While at-risk compensation is based on predetermined goals, these goals are not typically made public.

ICANN salaries are based on paying between the 50th and 75th percentile of average wages across the high-tech, non-profit and general industry.

ICANN puts deadline on .amazon talks

Kevin Murphy, January 21, 2019, Domain Policy

ICANN’s board of directors has voted to put a March deadline on talks over the future of the .amazon gTLD.

Late last week, the board formally resolved to “make a decision” on .amazon at ICANN 64, which runs in Kobe, Japan from March 9 to March 14.

It would only do so if Amazon the e-commerce giant and the eight governments of the Amazon Cooperation Treaty Organization fail to come to a “mutually agreed solution” on their differences before then.

CEO Goran Marby is instructed to facilitate these talks.

Here are the relevant resolved clauses from the resolution:

Resolved (2019.01.16.03), the Board hereby reiterates that Resolution 2018.10.25.18 was taken with the clear intention to grant the President and CEO the authority to progress the facilitation process between the ACTO member states and the Amazon corporation with the goal of helping the involved parties reach a mutually agreed solution, but in the event they are unable to do so, the Board will make a decision at ICANN 64 on the next steps regarding the potential delegation of .AMAZON and related top-level domains.

Resolved (2019.01.16.04), the Board encourages a high level of communication between the President and CEO and the relevant stakeholders, including the representatives of the Amazonian countries and the Amazon corporation, between now and ICANN 64, and directs the President and CEO to provide the Board with updates on the facilitation process in anticipation of revisiting the status of the .AMAZON applications at its meeting at ICANN64.

The vote came following ACTO’s demand that ICANN reverse its decision to take .amazon, and Chinese and Japanese translations, off their “Will Not Proceed” status, which heavily implied they will ultimately end up in the root.

ACTO, which claims its members have a greater right to the string due to its geographical and cultural significance, says it has not yet agreed to Amazon’s peace offering, which includes safeguards, financial support for future gTLD applications, and free Kindles.

The ICANN board has now formally rejected the demand — so .amazon is still officially on the path to delegation — but has published mountains of clarification explaining that ACTO misinterpreted what the status change implied.

The board now says that the status change was necessary in order for ICANN to negotiate the inclusion of Public Interest Commitments — PICs, which would give ACTO the right to challenge Amazon if it breaches any of its cultural safeguards — in the .amazon contracts.

With ACTO’s Request for Reconsideration now dealt with, the ball moves into ACTO’s court.

Will ACTO come back to the negotiating table, or will it retain the hard line it has been adopting for the last few months? We’ll find out before long.

Crunch Whois privacy talks kick off

Kevin Murphy, January 16, 2019, Domain Policy

ICANN volunteers are meeting this week to attempt to finalize their recommendations on the future of Whois privacy.

Most members of the Expedited Policy Development Process working group have gathered in Toronto for three days of talks on what will likely become, in May this year, new contractually binding ICANN policy.

Discussions are kicking off pretty much at the same time this article is published and will last until Friday afternoon local time.

The EPDP group is due to publish its final report by February 1, leaving enough time for GNSO consideration, public comments, and an ICANN board of directors vote.

Its initial report, which recommended some big changes to Whois output, was published in November. Public comments on this report will lead to largely modest changes to the policy this week.

The timing is tight because Whois policy is currently governed by a one-year Temporary Specification, created by the ICANN board, which expires May 25.

The bulk of the work today will focus on formalizing the “purposes” of Whois data, something that is needed if ICANN policy is to be compliant with the EU General Data Protection Regulation.

The more controversial stuff, where consensus will be extraordinarily difficult to find, comes tomorrow, when the group discusses policies relating to privileged access to private Whois data.

This is the area where intellectual property and security interests, which want a program that enables them to get access to private data, have been clashing with non-commercial stakeholders, which accuse their opponents of advocating “surveillance”.

It’s not expected that a system of standardized, unified access will be created this week or by February 1. Rather, talks will focus on language committing ICANN to work on (or not) such a system in the near future.

Currently, there’s not even a consensus on what the definition of “consensus” is. It could be slow going.

Gluttons for punishment Observers can tune in to the view/listen-only Adobe Connect room for the meetings here.