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Ashley Madison .sucks domain mysteriously vanishes

Kevin Murphy, August 25, 2015, Domain Registries

The domain, which hosted a tool to search a database of millions of stolen Ashley Madison users’ data, has been deleted.

According to Uniregistry CEO Frank Schilling, the domain was deleted by its registrant within the five-day grace period permitted under ICANN rules.

The site looked like this shortly after it launched at the weekend.

Ashley Madison Sucks

Ashley Madison, which uses .com, is the “dating” site specifically designed for people who want to have extra-marital affairs.

Hackers recently released a 9GB file containing, reportedly, as many as 32 million users’ email addresses. The breach has led to much online shaming of public figures and has reportedly led to suicides.

The site hosted a forum and a search engine that allowed partial email address searches. Even in the short time it was up, it attracted a fair amount of forum posts, as well as the attention of Vox Populi itself, which tweeted:

Interestingly, I’m not sure if the site would have fallen foul of any Vox Pop policies.

There’s a provision against hacking, but the site was merely showing the proceeds of hacking rather than doing any hacking. In addition, the registry’s prohibition on cyberbullying only extends to children.

The domain, at time of writing, is back in the available pool. Uniregistry wants $2,078.96 for it, which may explain why it was deleted while a refund was still available.

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Yes, you are dangerous, arbitrator tells “cybersquatter” OpenTLD

Kevin Murphy, August 25, 2015, Domain Registrars

Free domains provider OpenTLD has been dealt a crushing blow in its fight against the suspension of its Registrar Accreditation Agreement.

ICANN is now free to suspend OpenTLD’s RAA, due to the company’s “pattern of cybersquatting”, following a decision by an independent arbitrator.

The arbitrator ruled yesterday that OpenTLD’s suspension should go ahead, because “OpenTLD’s continued operation could potentially harm consumers and the public interest.”

The 90-day suspension was imposed by ICANN Compliance in June, after it became aware that OpenTLD had lost two UDRP cases filed by competing registrars.

WIPO panelists found in both cases that the company had infringed its competitors’ trademarks in order to entice resellers over to its platform.

The suspension was put on hold voluntarily by ICANN, pending the arbitrator’s ruling on OpenTLD’s request for emergency stay. That request was conclusively rejected yesterday.

The arbitrator wrote:

the Arbitrator has little doubt that the multiple abusive name registrations made by OpenTLD, each of which included the registered mark of a competing domain name registrar and OpenTLD’s subsequent use of those domains… formed part of a broad concerted effort by OpenTLD calculated to deliberately divert name registration business, otherwise destined for competing domain name registrars… away from those registrars to OpenTLD instead.

He wrote that OpenTLD needs to put a process in place to prevent similarly cybersquatty behavior in future, rather than just making a commitment to changing its ways.

It’s pretty harsh stuff.

OpenTLD said recently that a suspension would “devastate” and “decimate” its business, due to the intertwining of its massive ccTLD business and rather smaller gTLD platform, but the arbitrator thought a technology workaround would be rather simple to implement.

No RAA means no gTLD sales and no inbound transfers.

OpenTLD is part of Freenom, which runs .tk and other free-to-register ccTLDs.

The company’s only ray of sunlight in the ruling is that the arbitrator said the costs of the proceeding should be split equally, not all falling on OpenTLD’s shoulders.

ICANN has not yet re-instituted the suspension, but it could come soon.

The full ruling can be read here.

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Afilias wins $10m judgment in Architelos “trade secrets” case

Kevin Murphy, August 25, 2015, Domain Services

Afilias has won a $10 million verdict against domain security startup Architelos, over claims its flagship NameSentry abuse monitoring service was created using stolen trade secrets.

A jury in Virginia today handed Afilias $5 million for “misappropriation of trade secrets”, $2.5 million for “conversion” and another $2.5 million for “civil conspiracy”.

The jury found (pdf) in favor of Architelos on claims of business conspiracy and tortious interference with contractual relations, however.

Ten million dollars is a hell of a lot of cash for Architelos, which reportedly said in court that it has only made $300,000 from NameSentry.

If that’s true, I seriously doubt the four-year-old, three-person company has even made $10 million in revenue to date, never mind having enough cash in the bank to cover the judgment.

“We’re disappointed in the jury’s verdict and we plan to address it in some post-trial motions,” CEO Alexa Raad told DI.

The lawsuit was filed in January, but it has not been widely reported on and I only found out about its existence today.

The original complaint (pdf) alleged that three Architelos employees/contractors, including CTO Michael Young, were previously employees or contractors of Afilias and worked on the company’s own abuse tools.

It claimed that these employees took trade secrets with them when they joined Architelos, and used them to build NameSentry, which enables TLD registries to monitor and remediate abuse in their zones.

Architelos denied the claims, saying in its March answer (pdf) that Afilias was simply trying to disrupt its business by casting doubt over the ownership of its IP.

That doubt has certainly been cast, though the jury verdict says nothing about transferring Architelos’ patents to Afilias.

The $5 million portion of the verdict deals with Afilias’ claim that Architelos misappropriated trade secrets — ie that Young and others took work they did for Afilias and used it to build a product that could compete with something Afilias had been building.

The other two counts that went against Architelos basically cover the same actions by Architelos employees.

The company may be able to get the amount of the judgment lowered in post-trial, or even get the jury verdict overturned, so it’s not necessarily curtains yet. But Architelos certainly has a mountain to climb.

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Panel throws out ludicrous .shop confusion ruling

Kevin Murphy, August 25, 2015, Domain Registries

The new gTLD strings .shop and .通販 are not too confusingly similar-looking to coexist on the internet.

While that may be blindingly obvious to anyone who is not already blind, it’s taken the ICANN process three years to arrive at this conclusion.

An August 18 ruling by a three-person International Centre for Dispute Resolution appeals panel has “reversed, replaced and superseded” a two-year-old decision by a lone String Confusion Objection panelist. The appeals panel found:

the [original] expert panel could not have reasonably come to the decision reached by it in connection with the underlying String Confusion Objection

The two strings indisputably have no visual or aural similarity, are in different languages, written in different scripts that look very different, and have different phonetic spellings and pronunciations.

.通販 is the Japanese for “.onlineshopping”, applied for by Amazon in the 2012 new gTLD round.

.shop is a contested string applied for by Commercial Connect and others.

The two strings were ruled dissimilar by the String Similarity Panel in February 2013, but Commercial Connect filed the SCO a few weeks later.

In an SCO, the complainant must show that it is “probable, not merely possible” that the two strings will get mixed up by internet users.

In August 2013, ICDR panelist Robert Nau ignored that burden of proof and inexplicably ruled that the two strings were too similar to coexist and should therefore be placed in a contention set.

Nau would later rule that .shop and .shopping are also confusingly similar.

The .通販 decision was widely criticized for being completely mad.

Amazon appealed the decision via the ICANN Request for Reconsideration, but predictably lost.

After much lobbying, last October ICANN’s board of directors created an appeals process for SCO decisions, but limited the appellant pool to Amazon with .通販 and applicants for .cam (which had been ruled similar to .com).

Now, 10 months later, we finally have a sane decision in the Amazon case. Its application will presumably now be removed from the .shop contention set.

Read the final ruling here.

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Direct .au regs closer to reality

Kevin Murphy, August 20, 2015, Domain Registries

Australians could soon get the ability to register domain names directly under .au for the first time.

Following in the footsteps of the UK and New Zealand, a panel of .au policy body auDA has recommended that the second level should be opened up for registrations, pending further consultation.

In a consultation paper (pdf), the panel wrote:

direct registrations would create names which are shorter, more appealing and more memorable. They would make the domain name system simpler and easier to use. Moreover, the proposed change would open a wide range of new choices for registrants, and would provide a better option, especially for some groups; in particular, the Panel thinks that the biggest benefit will be for individuals, who would be able to obtain an Australian domain name in a simple and straightforward way.

Trademark owners need to pay attention, because the panel has recommended that the release does not include a sunrise period, due to .au’s “no hierarchy of rights” principle.

But the panel is recommending that existing .au registrants should get first dibs on matching second-level names.

Unlike the UK, where registrants had preference over registrants in other SLDs, the auDA panel says owners would not be treated any differently to, for example, owners.

The panel has also raised the idea of implementing ICANN’s Uniform Rapid Suspension policy.

Registry providers might want to take note that the panel says that .au back-end AusRegistry, now part of Neustar, will not automatically get the contract to run the direct .au registry; an RFP may be in auDA’s future.

The recommendations are now open for comment until September 30.

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