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ICE domain seizures enter second phase

Kevin Murphy, April 20, 2011, Domain Policy

The US Immigration & Customs Enforcement agency seems to be consolidating its portfolio of seized domain names by transferring them to its own registrar account.

Many domains ICE recently seized at the registry level under Operation “In Our Sites” have, as of yesterday, started naming the agency as the official registrant in the Whois database.

ICE, part of the Department of Homeland Security, has collected over 100 domains, most of them .coms, as part of the anti-counterfeiting operation it kicked off with gusto last November.

The domains all allegedly either promoted counterfeit physical goods or offered links to bootleg digital content.

At a technical level, ICE originally assumed control of the domains by instructing registries such as VeriSign, the .com operator, to change the authoritative name servers for each domain to seizedservers.com.

All the domains pointed to that server, which is controlled by ICE, resolve to a web server displaying the same image:

ICE seized domains banner

(The banner, incidentally, appears to have been updated this month. If clicked, it now sends visitors to this anti-piracy public service announcement hosted at YouTube.)

Until this week, the Whois record associated with each domain continued to list the original registrant – a great many of them apparently Chinese – but ICE now seems to be consolidating its portfolio.

As of yesterday, a sizable chunk — but by no means all — of the seized domains have been transferred to Network Solutions and now name ICE as the registrant in their Whois database records.

Rather than simply commandeering the domains, it appears that ICE now “owns” them too.

But ICE has already allowed one of its seizures to expire. The registration for silkscarf-shop.com expired in March, and it no longer points to seizedservers.com or displays the ICE piracy warning.

The domain is now listed in Redemption Period status, meaning it is starting along the road to ultimately dropping and becoming available for registration again.

Interestingly, most of the newly moved domains appear to have been transferred into NetSol from original registrars based in China, such as HiChina, Xin Net and dns.com.cn.

After consulting with a few people more intimately familiar with the grubby innards of the inter-registrar transfer process than I am, I understand that the names could have been moved without the explicit intervention of either registrar, but that it would not be entirely unprecedented if the transfers had been handled manually under the authority of a court order.

If I find out for sure, I’ll provide an update.

Kevin Murphy, March 31, 2011, Domain Services

Too many ideas, not enough time.

These are some of the stories I would have covered today, if only there were more hours in the day.

Joan Rivers dies after head transplant surgery

UK government banishes cybercrime sites to .au

Transparency review calls for ICANN reality show

UDRP panelist returns Taiwan to China

Bob Parsons shoots BigJumbo CEO

“Pigeon shit” blamed for Playboy plague

Hank Alvarez named ICANN compliance chief

Constantine Roussos says DNS needs “more cowbell”

NATO apologizes for Bit.ly bombing

Blacknight unveils leprechaun mascot

RIAA says .so domains “haven for piracy”

DomainTools merges with DomainJerks

BBC to apply for .cotton

ICANN successfully delays heat death of universe

Parsons apologizes, resurrects elephant

There’s at least 15 stupidly obscure in-jokes there. Probably more. How many did you “get” without Googling?

15 – Congratulations! You’re me. Or a potential future spouse. Call me!

10-14 – You truly are a domain name industry nerd, the depth and breadth of your knowledge covering both domaining and ICANN politicking. You’ve probably been to ICANN meetings and DomainFest. You should be both immensely proud and profoundly ashamed of yourself.

6-10 – I’m proud to have you as a reader. You’re exactly the type of well-balanced individual I’m hoping to attract to this site. Why not try visiting one of my advertisers and purchasing something?

1-5 – Must try harder! Your insight into the industry is sadly lacking. Perhaps consider subscribing to my RSS and Twitter feeds, which can be found at at the top of the left-hand sidebar, in order to bulk up your knowledge base.

0 — You appear to have visited this blog by mistake. Were you searching for “group porn”? I get a lot of hits for that. Nothing to see here, please move along.

VeriSign’s upcoming battle for the Chinese .com

Kevin Murphy, February 16, 2011, Domain Registries

Could VeriSign be about to face off against China for control of the Chinese version of .com? That’s an intriguing possibility that was raised during the .nxt conference last week.

Almost as an aside, auDA chief Chris Disspain mentioned during a session that he believes there are moves afoot in China to apply to ICANN for “company”, “network” and “organization” in Chinese characters. In other words, .com, .net and .org.

I’ve been unable to find an official announcement of any such Chinese application, but I’m reliably informed that Noises Have Been Made.

VeriSign has for several quarters been open about its plans to apply for IDN equivalents of its two flagship TLDs, and PIR’s new CEO Brian Cute recently told me he wants to do the same for .org.

While neither company has specified which scripts they’re looking at, Chinese is a no-brainer. As of this week, the nation is the world’s second-largest economy, and easily its most populous.

Since we’re already speculating, let’s speculate some more: who would win the Chinese .com under ICANN’s application rules, VeriSign or China?

If the two strings were close enough to wind up in a contention set, could VeriSign claim intellectual property rights, on the basis of its .com business? It seems like a stretch.

Could China leapfrog to the end of the process with a community application and a demand for a Community Priority Evaluation?

That also seems like a stretch. It’s not impossible – there’s arguably a “community” of companies registered with the Chinese government – but such a move would likely stink of gaming.

Is there a technical stability argument to be made? Is 公司. (which Google tells me means “company” in Chinese) confusingly similar to .com?

If these TLDs went to auction, one thing is certain: there are few potential applicants with deeper pockets than VeriSign, but China is one of them.

UPDATE: VeriSign’s Pat Kane was good enough to post a lengthy explanation of the company’s IDN strategy in the comments.

Olympics tells ICANN to abandon new TLD launch or get sued

Kevin Murphy, November 29, 2010, Domain Registries

The International Olympic Committee has threatened to sue ICANN unless it gives IOC trademarks special protection in its new top-level domains program.

The IOC’s critique of ICANN’s new Applicant Guidebook is the first to be filed by a major organization in the current public comment period.

The organization has accused ICANN of ignoring it, preferring instead to take its policy cues from the domain name industry, and said it should “abandon its current timeline” for the launch.

ICANN currently plans to start accepting TLD applications May 30, 2011.

Calling the guidebook “inherently flawed”, the IOC’s director general Urs Lacotte wrote:

If these critical issues are not fully resolved and ICANN chooses not to place the Olympic trademarks on the reserved names list, then the IOC and its National Olympic Committees are prepared to employ all available legislative, regulatory, administrative and judicial mechanisms to hold ICANN accountable for damage caused to the Olympic movement.

(That language looks like it could have been cut-n-paste from a separate letter from the financial services industry, which I reported on last week).

The IOC said that it has opposed the new TLD program 11 times – asking for its trademarks to be placed on the AGB’s reserved strings lists, but received no response.

Special pleading? Perhaps, but the IOC’s trademarks are already specifically protected by legislation in numerous countries, including the US, UK, Canada and China.

The IOC also wants stronger trademark protection mechanisms, such as mandatory typosquatting protections in sunrise periods and extending dispute proceedings to registrars.

Expect many more such missives to start showing up on the ICANN web site over the next 11 days before the ICANN board of directors meets to approve the AGB in Cartagena.

This may be the last chance many organizations get to ask for the changes they want in the AGB before the first round of new TLD applications opens, and I expect them to seize it with both hands.