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Whois privacy did NOT increase spam volumes

Kevin Murphy, August 31, 2018, Domain Tech

The advent of more-or-less blanket Whois privacy has not immediately led to the feared uptick in spam, according to researchers.

Data from Cisco’s Talos email data service, first highlighted by security company Recorded Future this week, shows spam levels have been basically flat to slightly down since ICANN’s GDPR-inspired new Whois policy came into effect May 25.

Public Talos data shows that on May 1 this year there were 433.9 billion average daily emails and 370.04 billion spams — 85.28% spam.

This was down to 361.83 billion emails and 308.05 billion spams by August 1, an 85.14% spam ratio, according to Recorded Future.

So, basically no change, and certainly not the kind of rocketing skyward of spam levels that some had feared.

Cisco compiles its data from customers of its various security products and services.

Looking at Talos’ 18-month view, it appears that spam volume has been on the decline since February, when the ratio of spam to ham was pretty much identical to post-GDPR levels.

It also shows a similar seasonal decline during the northern hemisphere’s summer 2017.

Talos graph

There had been a fear in some quarters that blanket Whois privacy would embolden spammers to register more domains and launch more ambitious spam campaigns, and that the lack of public data would thwart efforts to root out the spammers themselves.

While that may well transpire in future, the data seems to show that GDPR has not yet had a measurable impact on spam volume at all.

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Afilias finally admits it’s American

Kevin Murphy, August 31, 2018, Domain Registries

Afilias has changed its corporate structure and is now officially based in the United States.

A new holding company, Afilias Inc, has been created in Delaware. It now owns Afilias Plc, the Ireland-based company that has been until now the parent of the Afilias family.

Being “based” in Ireland and doing business primarily in the US was always partly a tax thing, and the company admitted in a press release yesterday that “recent favorable US tax changes” are one of the reasons it’s relocating to the States.

Trump’s tax changes last year reportedly saw corporation tax reduced from 35% to 21%, a steep cut but still a heck of a lot higher than Ireland’s aggressively business-friendly regime.

Other reasons for shift, CEO Hal Lubsen said in a press release, are: “More of the company’s shares are now owned by Americans, and our executive group is increasingly becoming American.”

The company also noted that its biggest partners — Public Interest Registry and GoDaddy — are American.

Afilias’s global HQ is now its office in Horsham, Pennsylvania. It also has offices in Canada, Australia, India and China.

The company told registrars that it does not expect the restructuring to have any impact on its operations.

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Could a new US law make GDPR irrelevant?

Kevin Murphy, August 29, 2018, Domain Policy

Opponents of Whois privacy are pushing for legislation that would basically reverse the impact of GDPR for the vast majority of domain names.

Privacy advocate Milton Mueller of the Internet Governance Project today scooped the news that draft legislation to this effect is being circulated by “special interests” in Washington DC.

He’s even published the draft (pdf).

Mueller does not call out the authors of the bill by name — though he does heavily hint that DomainTools may be involved — saying instead that they are “the same folks who are always trying to regulate and control the Internet. Copyright maximalists, big pharma, and the like.”

I’d hazard a guess these guys may be involved.

The bill is currently called the Transparent, Open and Secure Internet Act of 2018, or TOSI for short. In my ongoing quest to coin a phrase and have it stick, I’m tempted to refer to its supporters as “tossers”.

TOSI would force registries and registrars to publish Whois records in full, as they were before May this year when ICANN’s “Temp Spec” Whois policy — a GDPR Band-aid — came into effect.

It would capture all domain companies based in US jurisdiction, as well as non-US companies that sell domains to US citizens or sell domains that are used to market goods or services to US citizens.

Essentially every company in the industry, in other words.

Even if only US-based companies fell under TOSI, that still includes Verisign and GoDaddy and therefore the majority of all extant domains.

The bill would also ban privacy services for registrants who collect data on their visitors or monetize the domains in any way (not just transactionally with a storefront — serving up an ad would count too).

Privacy services would have to terminate such services when informed that a registrant is monetizing their domains.

But the bill doesn’t stop there.

Failing to publish Whois records in full would be an “unfair or deceptive act or practice” and the Federal Trade Commission would be allowed to pursue damages against registries and registrars that break the law.

In short, it’s a wish-list for those who oppose the new regime of privacy brought in by ICANN’s response to the General Data Protection Regulation.

While it’s well-documented that the US executive branch, in the form of the National Telecommunications and Information Administration, is no fan of GDPR, whether there’s any interest in the US Congress to adopt such legislation is another matter.

Is this an IP lawyer’s pipe-dream, or the start of a trans-Atlantic war over privacy? Stay tuned!

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No more free ride for ICANN Fellows?

Kevin Murphy, August 29, 2018, Domain Policy

Newcomers who get free travel to ICANN meetings will have to show they’re serious about participating in the community, under new rules.

ICANN is revamping its Fellowship program to ensure that it’s actually meetings its goals of increasing the pool of mugs knowledgeable volunteers that the community can draw on.

The program, designed to bring in people unable to afford their own in-person meeting attendance, had come in for criticism for not being sufficiently accountable, and perhaps a poor use of money in a time of budget pressure.

It’s not been easy to measure the ratio of valuable ICANN citizens it was creating versus freeloaders who abuse the system for a free busman’s holiday.

Among the key changes being introduced now are requirements for Fellows to attend a minimum number of session-hours per meeting, casually policed by seven “mentors” — selected from and appointed by each supporting organization and advisory committee.

The number of hours required doesn’t appear to be set in stone as yet, with ICANN saying it will work with mentors to arrive at a figure.

While ICANN admits it obviously can’t force Fellows to participate after their first meeting, it plans to make sure returning Fellows can provide documentary evidence that they have engaged on subsequent applications for the program.

The three-meetings-only rule will remain.

The request for post-meeting reports from Fellows will be piloted at the Barcelona meeting in October.

More information of program revamps can be found here.

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Afilias sues India to block $12 million Neustar back-end deal

Kevin Murphy, August 27, 2018, Domain Registries

Afilias has sued the Indian government to prevent it awarding the .in ccTLD back-end registry contract to fierce rival Neustar.

The news emerged in local reports over the weekend and appears to be corroborated by published court documents.

According to Moneycontrol, the National Internet Exchange of India plans to award the technical service provider contract to Neustar, after over a decade under Afilias, but Afilias wants the deal blocked.

The contract would also include some 15 current internationalized domain name ccTLDs, with another seven on the way, in addition to .in.

That’s something Afilias reckons Neustar is not technically capable of, according to reports.

Afilias’ lawsuit reportedly alleges that Neustar “has no experience or technical capability to manage and support IDNs in Indian languages and scripts and neither does it claim to have prior experience in Indian languages”.

Neustar runs plenty of IDN TLDs for its dot-brand customers, but none of them appear to be in Indian scripts.

NIXI’s February request for proposals (pdf) contains the requirement: “Support of IDN TLDs in all twenty two scheduled Indian languages and Indian scripts”.

I suppose it’s debatable what this means. Actual, hands-on, operational experience running Indian-script TLDs at scale would be a hell of a requirement to put in an RFP, essentially locking Afilias into the contract for years to come.

Only Verisign and Public Interest Registry currently run delegated gTLDs that use officially recognized Indian scripts, according to my database. And those TLDs — such as Verisign’s .कॉम (the Devanagari .com) — are basically unused.

Neither Neustar nor Afilias have responded to DI’s requests for comment today.

.in has over 2.2 million domains under management, according to NIXI.

Neustar’s Indian subsidiary undercut its rival with a $0.70 per-domain-year offer, $0.40 cheaper than Afilias’ $1.10, according to Moneycontrol.

That would make the deal worth north of $12 million over five years for Afilias and over $7.7 million for Neustar.

One can’t help but be reminded of the two companies’ battle over Australia’s .au, which Afilias sneaked out from under long-time incumbent Neustar late last year.

That handover, the largest in DNS history, was completed relatively smoothly a couple months ago.

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