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Aussie gov refuses to spill the beans on ICANN vice chair’s firing

Kevin Murphy, November 21, 2017, Domain Policy

The Australian government has refused to release documents concerning alleged “financial irregularities” at local ccTLD manager auDA that have been linked to the firing of former CEO Chris Disspain.

A request under the Freedom of Information Act sought documents detailing Disspain’s March 2016 termination, as well as high levels of travel expenses and apparent under-reporting of “fringe benefit tax” under his watch.

The request was filed in September by by industry consultant Ron Andruff, who is known to have beef with Disspain after having been passed over for an important ICANN leadership role.

One of the specific documents sought by Andruff was an unpublished audit by PPB Advisory known to have uncovered slack historical expenses management practices and high levels of travel expenditure.

While rumors have circulated, there have been no substantiated allegations of wrongdoing by Disspain.

The Australian Department of Communications and the Arts told Andruff this weekend that 13 relevant documents had been identified and reviewed, but that all were exempt from disclosure under the FOI Act.

Reasons given include the right to privacy of the individual concerned and the fact that the information could fuel “unsubstantiated allegations of misconduct”.

The Department also thought that disclosing the documents could make it harder to it to obtain information from auDA in future, particularly relevant given that it recently kicked off a review of the organization.

While acknowledging there were some public interest reasons to publish the documents, on balance it said that the public interest reasons not to publish were more numerous.

auDA has been plagued by problems such as high turnover of staff and board, unpopular policies, and the member-instigated ouster of its chair, since Disspain left.

Separately, Disspain became ICANN’s vice chair earlier this month, having sat on the board for the last seven years as a representative of the ccTLD community.

He’s one of four community-nominated ICANN directors who have agreed to undergo the same background checks as their Nominating Committee-appointed counterparts, in part due to pressure applied by Andruff.

The FOI response can be viewed here (pdf).

Hurricane victims get a renewal pass under ICANN rules

Kevin Murphy, November 20, 2017, Domain Policy

ICANN has given registries and registrars the ability to delay the cancellation of domain names owned by victims of Hurricane Maria and other similar natural disasters.

In a note to contracted parties, published by Blacknight boss Michele Neylon this weekend, Global Domains Division president Akram Atallah said:

registrars will be permitted to temporarily forebear from canceling domain registrations that were unable to be renewed as a result of the natural disaster.

Maria and other hurricanes caused widespread damage to infrastructure in the Caribbean earlier this year — not to mention the loss of life — making it difficult for many people to get online to renew their registrations.

ICANN’s Registrar Accreditation Agreement ties registrars to a fairly strict domain name renewal and expiration life-cycle, but there’s a carve out for certain specified “extenuating circumstances” such as bankruptcy or litigation.

Atallah’s note makes it clear that ICANN considers hurricane damage such a circumstance, so its contractual compliance department will not pursue registrars who fail to expire domains on time when the registrant has been affected by the disaster.

He added that perhaps it’s time for the ICANN community to come up with a standardized policy for handling such domains. There’s already been mailing list chatter of such an initiative.

ICANN is heading to Puerto Rico, which was quite badly hit by Maria, for its March 2018 public meeting.

While attendees have been assured that the infrastructure is in place for the meeting to go ahead, large parts of the island are reportedly still without power.

Even post-Weinstein, no sexual harassment complaints at ICANN

Kevin Murphy, November 14, 2017, Domain Policy

There have been no formal complaints of sexual harassment in the ICANN community since the organization introduced a zero tolerance policy back in March, according to the Ombudsman.

That’s even after the current media storm about such behavior, precipitated by the revelations about movie producer Harvey Weinstein, which has given men and women in many industries the confidence to level accusations against others.

“There have been no complaints of sexual harassment since the implementation of the Community Anti-Harassment Policy nor the uptake of [post-Weinstein] media coverage,” ICANN Ombudsman Herb Weye told DI in response to an inquiry today.

The anti-harassment policy was adopted in March, and there have been three full, in-person ICANN meetings since then.

Face-to-face meetings are of course where one would expect to see such incidents, if any were to occur.

The policy bans everything from groping to wolf-whistling to dirty jokes to repeated, unwanted requests for dates.

At the time the policy was approved, ICANN general counsel John Jeffrey noted that there had been more than one such complaint since the infamous Cheesesandwichgate incident in March 2016.

No complaints since March does not necessarily mean no incidents, of course.

One recent recommendation to reform the office of the Ombudsman (or Ombudsperson, or simply Ombuds, in recent ICANN documentation) is to ensure a gender-mixed staff to perhaps make it more likely for issues related to gender to be reported.

A recent, non-scientific survey of ICANN participants found that about a third of women had knowledge or experience of sexism in the community.

Weye said that most complaints about non-sexual “harassment” occur at social events where alcohol is involved. He said that ICANN participants should be discreet when discussing “sensitive” cultural issues in such contexts, lest they inadvertently offend those within earshot.

There is “no place for disrespect in ICANN’s multi-cultural diverse environment” he said.

Corwin joins Verisign

Kevin Murphy, November 6, 2017, Domain Policy

Phil Corwin, the face of the Internet Commerce Association for over a decade, today quit to join Verisign’s legal team.

He’s now “policy counsel” at the .com giant, he said in a statement emailed to industry bloggers.

He’s also closed down the consulting company Virtualaw, resigned from ICANN’s Business Constituency and from his BC seat on the GNSO Council.

But he said he would continue as co-chair of two ICANN working groups — one looking at rights protection for intergovernmental organizations (which is kinda winding down anyway) and the other on general rights protection measures.

“I have no further statement at this time and shall not respond to questions,” Corwin concluded his email.

He’s been with ICA, which represents the interests of big domain investors, for 11 years.

As well as being an ICANN working group volunteer, he’s produced innumerable public comments and op-eds fighting for the interests of ICA members.

One of his major focuses over the years has been UDRP, which ICA believes should be more balanced towards registrant rights.

He’s also fought a losing battle against ICANN “imposing” the Uniform Rapid Suspension process on pre-2012 gTLDs, due to the fear that it one day may be forced upon Verisign’s .com and .net, where most domain investment is tied up.

ICANN heading back to Morocco in 2019

Kevin Murphy, November 6, 2017, Domain Policy

ICANN has picked Morocco for its mid-year meeting in 2019.

The June 24-27 meeting, ICANN 65, will be hosted by the Mediterranean Federation of Internet Associations at the Palmeraie Resort in Marrakech. That’s the same venue as ICANN 55 in March 2016.

It’s a Policy Forum meeting, meaning it has an abridged agenda, an expected lower attendance, and a tighter focus on policy work than the other two annual meetings.

It will be sandwiched between the March meeting in Kobe, Japan and the November meeting in Montreal, Canada.

More pressingly, it now seems all but certain that ICANN is heading to Puerto Rico in March 2018 for ICANN 61, despite the extensive damage caused by Hurricane Maria in September.

During the public forum at ICANN 60 in Abu Dhabi last week, the customary spot where the next meeting’s hosts get five minutes to plug their city or nation was notably different.

Shots of landscapes, sunsets and cultural attractions were instead replaced by a series of government and local tourism officials encouraging ICANNers to visit. The message was basically: everything’s okay, it’s safe for you to come.

The convention center venue for ICANN 61 was so lightly damaged by Maria that it was actually used as the headquarters of the recovery effort immediately after the storm. You may have seen news footage of it when President Trump showed up.

ICANN said October 7 that it was monitoring the situation but that it still intended to have the March meeting in San Juan as planned.

The city would no doubt welcome the modest economic boost that a few thousand tech professionals and lawyers showing up for a week will provide.

I’m planning on attending.