Verisign and Afilias spar over .web delays

Afilias and Verisign are at odds over a further delay to the resolution of the .web gTLD dispute.

Afilias, aka Altanovo Domains, says its lawyers are too busy to meet ICANN’s deadline for arguments about whether either company broke the rules in the 2016 auction of .web, but Verisign thinks they have plenty of time,

ICANN’s Board Accountability Mechanisms Committee had set a deadline of July 15 for both applicants to submit a document explaining why they believe the other broke the rules and should have their auction bids voided.

But Afilias’ lawyers say they “have longstanding international travel and hearing commitments in June and July that cannot be rescheduled” and want an extension to July 29.

Just two weeks seems like no big deal in a contest that has been running for literally a decade, but Verisign is opposing it anyway, according to emails Afilias submitted to ICANN (pdf).

“ICANN provided the parties with a generous briefing schedule sufficient to accommodate counsel’s other commitments. For this reason, Verisign and NDC do not support Altanovo’s current request for a further extension,” a Verisign lawyer wrote.

Verisign, which won the auction via its proxy, Nu Dot Co, believes Afilias broke a communications blackout period before the auction by texting NDC to negotiate a deal. Afilias believes NDC broke the rules by not disclosing Verisign’s involvement.

The BAMC’s job, following the outcome of an Independent Review Process case last year, is to decide whether either of these claims is legit and settle who won the auction once and for all.

Hamburg selected for next year’s ICANN AGM

Better late than never? ICANN has picked Hamburg for its 25th annual general meeting, due to be held in October next year.

The ICANN board of directors made the selection at its meeting this weekend, just-published resolutions show.

The choice is hardly surprising. Hamburg had been the venue for the 2020 AGM, but it was cancelled due to the coronavirus pandemic. The city, along with DENIC and eco, said last December they were bidding for a second crack.

The specific venue was not disclosed, but the aborted 2020 meeting was due to take place at the Congress Center Hamburg, so one assumes that’s where the community will be headed next year.

While it will be ICANN’s 25th AGM, and I guess some kind of celebration will be in order, sadly ICANN 78 will be the wrong side of the country and in the wrong month to easily coincide with Oktoberfest.

The meeting is schedule for October 21 to 26 2023.

Amazon governments not playing ball with Amazon’s .amazon

Governments in South America are refusing to play nicely with Amazon over its controversial .amazon dot-brand.

Speaking at ICANN 74 in The Hague this morning, Brazil’s representative on the Governmental Advisory Committee said that ICANN’s decision to delegate .amazon to the retail giant a couple of years ago contravenes the multi-stakeholder process and is “incompatible with the expectations and sovereign rights of the Amazon peoples”.

Luciano Mazza de Andrade said that the Amazon Cooperation Treaty Organization, which is membered by the eight governments of the Amazonia region, wrote to Amazon in December to decline an offer to reserve a number of .amazon domains.

Amazon’s contract with ICANN contains a Public Interest Commitment that grants ACTO and its members one usable .amazon domain each, and 1,500 blocks overall for culturally sensitive strings.

The company had given ACTO a December 19 deadline to submit its list of strings, but it seems its members do not acknowledge the contract’s validity.

“Among other points it underlined that ACTO member states did not give consent to the process of adjudication of the .amazon top-level domain and that they did not consider themselves bound by said decision or the conditions attached to it including the above mentioned Public Interest Commitment,” Brazil’s rep said.

He added that “the adjudication of the top-level domain to a private company without our approval and authorization does not respect the applicable rules, expressly contravenes the multistakeholder nature of ICANN’s decision-making process of interest, and is incompatible with the expectations and sovereign rights of the Amazon peoples.”

ACTO has previously described the delegation of .amazon as “illegal and unjust”.

Amazon has a handful of live .amazon domains, which redirect to various services on amazon.com.

High fives, or elbows only? ICANN 74 intros traffic light system for socializing

People attending ICANN 74 in The Hague this week are being encouraged to outwardly express their social distancing preferences with their choice of meeting lanyards.

The Org has made lanyards with straps in four colors available to those who have shown up to ICANN’s first face-to-face public meeting in over two and a half years.

A red strap indicates that you should back off, because the wearer desires “extreme physical distancing and precautions”. Yellow is “elbows only” when it comes to greetings. Green means you can shake hands, high-five, and get a little more intimate.

There’s also black, for those who don’t want to wear their Covid-19 anxiety levels around their necks, can’t make their minds up, or think the system is silly.

Five days of masks and Covid-19 tests have been issued to attendees at the door, along with a supply of hand sanitizer. The masks are compulsory, and sanitizer use is being encouraged for those who are choosing to press the flesh.

In-person attendees are also being issued with wrist-bands, like you might get in hospital or at a music festival or nightclub, to prove their vaccination status has been verified.

I’m observing ICANN 74 remotely, and I’ve only viewed one session so far, but my impression based on that limited sample size is that most people seem to have opted for green or yellow lanyards.

It’s tempting to mock the system as another example of ICANN bureaucracy but I think it makes sense, particularly when you’ve got hundreds of people from dozens of countries, each at their own stages of pandemic recovery and with their own levels of endemic covidiocy, in the same building.

As registration closes, many ICANN 74 sessions at bursting point

When I’m wrong, I’m wrong.

I speculated a couple of weeks ago that it was likely that ICANN had laid on enough meeting-room capacity to meet demand at next week’s ICANN 74 public meeting, but it turns out most sessions are already over-subscribed.

It’s the first in-person full meeting for ICANN since the pandemic began, and there are going to be some particularly cumbersome health and safety restrictions, including social distancing, which means mandatory reservations and fewer bums on seats.

By my count, 50 sessions next week are already fully booked, which appears to be more than half of the total. There doesn’t seem to be a published hard cap on the number of attendees overall, so there might be a lot of hanging around in corridors going on.

The large plenary sessions in the big room still have hundreds of available seats, but the smaller rooms are mostly fully reserved.

ICANN has said it will have waiting lists for sessions where people fail to show up, and there’s always the Zoom rooms as a backup for those on-site.

The deadline for registering to attend in person is today. Assuming that means close of business in California, you still have a few hours left to book your spot.

I’m not going. My broken leg still hasn’t fully healed, and limping around a massive maze of a venue for eight hours a day, setting off the metal detectors every time I go in or out (I’m now part robot), seems like my idea of hell.

Meds regulator won’t say why it gets domains suspended

The UK Medicines and Healthcare products Regulatory Agency has declined to reveal which .uk domain names it has had suspended and the reasons for having them suspended.

In response to a freedom of information request published last week, the agency said it had 32 domains suspended in the last 12 months — it appears that refers to the 12 months to November 2021 — but declined to list them.

It said most of the domains were being used to breach the Human Medicines Regulations 2012, which regulates the sale of medicines, but declined to give specifics, citing a FOI carve-out related to ongoing investigations.

The MHRA said that it does not have a formal suspensions policy.

The agency is one of several that regularly asks .uk registry Nominet to take down domains believed to be involved in criminal behavior. The Police Intellectual Property Crimes Unit submits by far the largest number of such requests.

Seat reservations and waiting lists on the cards for ICANN 74

As if health screenings and cumbersome legal waivers weren’t irritating enough, it seems now even in-person attendees at ICANN 74 won’t necessarily be able to attend the meetings they want to attend in-person due to mandatory social distancing.

The Org announced last night that Covid-19 restrictions mean there will be a limit on how many people are allowed to enter a room, and you’ll have to reserved your seat in advance as a result. Waiting lists could be used in cases where rooms are over-booked.

Fortunately, the venue is the World Forum in the Hague and its rooms seem to be pretty big.

ICANN also seems to have done a pretty good job at matching room size to likely demand, so it seems very possible no waiting lists will be required.

The major plenary sessions likely to attract the most attendees are in a room with a capacity of 469, which would have been more than enough seats for almost every session at 2019’s Annual General Meeting in Montreal, which of course had no physical distancing.

The GNSO has a room for 80 people, the GAC has 157, and the ccNSO 74. These limits may have been onerous pre-pandemic, but I feel will be plenty for the likely turnout in The Hague.

That being said, seats are being claimed already three weeks in advance via the online scheduling tool, so if there’s a session you simply must attend it makes sense to grab your spot sooner rather than later.

New gTLDs or Whois access? What’s more important?

Should ICANN focus its resources on getting the next round of new gTLDs underway, or making some baby steps towards a post-GDPR system of Whois access?

That’s a question the community is going to have to address when ICANN 74 rolls around next month, after the ICANN board presented it with a divisive question on two of the industry’s most pressing issues that split the GNSO Council along predictable lines at its monthly meeting last week.

It turns out that ICANN doesn’t have the resources to both design a new “SSAD Light” system for handling Whois requests and also carry on its new gTLDs Operational Design Phase, “SubPro”, at the same time.

If the community wants ICANN staff to start work on SSAD Light, work will be paused on the ODP for at least six weeks, ICANN has said. If they want the system also built, the delay to new gTLDs could be much, much longer.

Intellectual property lawyers are of course keen to at least start undoing some of the damage caused by privacy legislation such as GDRP, while registries and consultants are champing at the bit for another expansion of the gTLD space.

This split was reflected on the Council’s monthly call last week, where registry employees Maxim Alzoba, Kurt Pritz and Jeff Neuman were opposed by IP lawyers Paul McGrady and John McElwaine.

“Six weeks is a sneeze in a hurricane,” McGrady said. “We are right on the cusp of taking first steps to solve a problem that has plagued the Community since GDPR came out. I don’t think a six-week delay on SubPro, which again we’re years into and it looks like will be years to go, is a material change to SubPro… a very minor delay seems well worth it.”

At this point, ICANN is still planning to have the SubPro ODP wrapped up in October, thought it has warned that there could be other unforeseen delays.

Neuman warned that even a six-week pause could provide more than six weeks delay to SubPro. Staff can’t just down tools on one project and pick up again six weeks later without losing momentum, he said.

Pritz seemed to echo this concern. The Registries Stakeholder Group hasn’t finished discussing the issue yet, he said, but would be concerned about anything that caused “inefficiencies” and “switching costs”.

The discussion was pretty brief, and no votes were taken. It seems the conversation will pick up again in The Hague when ICANN meets for its short mid-year public meeting on June 13.

ICANN kicks the can on .web yet again

Did Verisign cheat when it bought .web for $135 million in 2016? ICANN will make its mind up one day, but not today.

The ICANN board of directors has asked the three parties in the contested new gTLD auction for an info dump, so it can decide, presumably before the end of the year, whether to bar the top two bids for breaking the rules.

The Board Accountability Mechanisms Committee has written to Verisign, Nu Dot Co (the proxy Verisign used to hide its bid) and Afilias (aka Altanovo, the second-place bidder) to ask them to condense their last six years of claims and counter-claims into two 75-page documents.

Afilias reckons Verisign and NDC broke the rules by not disclosing that the former was secretly bankrolling the latter’s winning bid. It wants the bid invalidated, allowing Afilias to take over .web for a cheaper price.

Verisign has counter-claimed that Afilias should be disqualified for allegedly privately communicating with NDC during a pre-auction comms blackout period. It’s published screenshots of text messages it says prove this took place.

The Independent Review Process complaint against ICANN technically resulted in a win for Afilias, with the IRP panel ruling that ICANN broke its bylaws by not making a decision on Verisign’s alleged rule-breaking back in 2016.

That decision was reached in December, and ICANN has been faffing around pointedly not making a decision ever since.

Now, BAMC wants the parties to present their final pleadings in this ongoing drama.

It wants both side to “provide a comprehensive written summary of their claims and the materials supporting their claims” in order “to ensure that the BAMC is reviewing a complete picture of the parties’ positions”.

I don’t think there’s anything untoward about this — BAMC is basically just doing what the IRP panel told it to, albeit it in a roundabout way — but it is a little surprising that it thinks there isn’t enough information about their complaints in the public domain already.

As well as three years of legal filings, there are extensive transcripts of seven days of hearings that took place in 2020. ICANN will have access to the unredacted versions, too, which include details of the Verisign-NDC deal that the rest of us aren’t allowed to look at.

Maybe there’s just too much information to wade through.

Under the BAMC’s new process, the parties have until July 15 to present their cases, then another month to rebut their opponents with a further 30-page document.

Assuming the subsequent decision proceeds at ICANN Speed (which is to say, glacial) I don’t think we can reasonably expect a decision before the fourth quarter.

ALAC’s brutal takedown of that “aggressive” ICANN 74 coronavirus waiver

ICANN’s At-Large Advisory Committee has accused ICANN of being aggressive, intimidating and insensitive by demanding attendees at next month’s public meeting in the Netherlands sign a far-reaching legal waiver.

In a remarkable submission to the ICANN board of directors, ALAC says the waiver, which basically amounts to a get-out-of-jail-free card for the Org, leaves a “lasting unpleasant taste in the mouths” of the volunteers who make up the ICANN community.

ALAC wants the board to clarify whether it had any involvement in the drafting of the waiver or in approving it but asks that it “take control of the situation and ensure that this waiver does not endanger both its relationship with the ICANN Community”.

The waiver requires in-person attendees to absolve ICANN of all blame if they catch Covid-19 — or anything else — “even if arising from the negligence or fault of ICANN”. Virtual attendees don’t have to sign it.

ICANN has suggested in a separate FAQ that it may not be worth the pixels it’s written with, which ALAC points out is inconsistent with the plan language of the waiver.

ALAC also includes a list of 10 reasons the waiver is a terrible idea. Here’s a few:

10. It is insensitive to the global community as it can be interpreted as an exportation of U.S.-based litigious culture.

4. This kind of blanket waiver could be unenforceable and, in that case, serves only as intimidation.

3. The waiver infringes on individual rights.

1. It leaves a lasting unpleasant taste in the mouths of participants contributing to ICANN’s multistakeholder model — which is presented as a source of pride and accomplishment to the internet governance community.

The waiver already the subject of a Request for Reconsideration by the heads of registrar Blacknight and the Namibian ccTLD registry, but ALAC’s comprehensive takedown, which has dozens of signatories, arguably carries more weight.

ALAC’s letter can be downloaded here. It’s not been published on ICANN’s correspondence page. Hat tip to Rubens Kuhl for the link.