Iceland breaks ranks on Whois, will publish emails

Iceland’s ccTLD has become what I believe is the first registry to state that it will continue to publish email addresses in public Whois records after the General Data Protection Regulation comes into effect.
The move seems to put the registry, ISNIC, in direct conflict with the opinions of European data protection authorities.
The company said in a statement last week that after GDPR comes into effect May 25 it will stop publishing almost all personal information about .is registrants in the public Whois.
However, it broke ranks with other European ccTLDs and the likely ruleset for ICANN-regulated gTLDs, by saying it would not expunge email addresses:

ISNIC will however, at least for the time being, continue to publish email addresses, country and techincal information of all NIC-handles associated with .is domains. Those customers (individuals) who have recorded a personally identifiable email address, and do not want it published, will need to change their .is WHOIS email address to something impersonal.

Registrants will be able to opt in to having their full details published.
ISNIC appears to be taking a principled stand against the Draconian regulation. It said in a statement:

Assuming that GDPR directive applies fully to the “WHOIS” service provided for decades by most ccTLD registries, these new restrictions will lead to less transparency in domain registrations and less trust in the domain registration system in general. ISNIC, as many others, strongly disagrees with the view of the European parlament [sic] in this matter and warns that GDPR, as it is being implemented, will neither lead to better privacy nor a safer network environment.

It’s a surprising decision, given that privacy regulators have indicated that they agree that email addresses are personal data that should not be published.
The Article 29 Working Party told ICANN earlier this month that it “welcomed” a proposal to replace email addresses with anonymized emails or web-based contact forms.

Bling-maker kills off fifth dot-brand gTLD

Richemont, the company behind brands such as Cartier jewelry and Mont Blanc pens, has terminated its fifth dot-brand gTLD.
It filed with ICANN to terminate its registry contract for .iwc earlier this month.
IWC is a Swiss brand of expensive watches, but its dot-brand has never been used to any notable extent.
The company had registered the domain watches.iwc, which it apparently planned to use for URL redirection via Rebrandly.
It’s the third gTLD Richemont has voluntarily terminated, after .montblanc and .chloe last year.
The company also withdrew its unopposed applications for .netaporter and .mrporter back in 2014, before it actually signed contracts with ICANN.
Richemont was one of the more prolific dot-brand applicants, applying for 14 gTLDs in total back in 2012.
It also applied for (defensively?) and won the generic .watches and some translations.
While the .watches gTLD has been live in the DNS for two and a half years, Richemont has not yet set a launch date and has not yet said who will even be eligible to buy domains there.

Marby ponders emergency powers to avoid fragmented Whois

ICANN could invoke emergency powers in its contracts to prevent Whois becoming “fragmented” after EU privacy laws kick in next month.
That’s a possibility that emerged during a DI interview with ICANN CEO Goran Marby yesterday.
Marby told us that he’s “cautiously optimistic” that European data protection authorities will soon provide clear guidance that will help the domain industry become compliant with the General Data Protection Regulation, which becomes fully effective May 25.
But he said that a lack of such guidance will lead to a situation where different companies provide different levels of public Whois.
“It’s a a high probability that Whois goes fragmented or that Whois will be in a sort of ‘thin’ model in which very little information is collected and very little information is displayed,” he said. “That’s a sort of worst-case scenario.”
I should note that the interview was conducted yesterday before news broke that Afilias has become the first major gTLD registry to announce its Whois output will be essentially thin — eschewing all registrant contact data — from May 25.
Marby has asked European DPAs for two things.
First, guidance on whether its “Cookbook” proposal for a dramatically scaled-back, GDPR-compliant Whois is in fact GDPR-compliant.
Second, an enforcement moratorium while registries and registrars actually go about implementing the Cookbook.
“If we don’t get guidance that’s clear enough, we will see a fragmented Whois. If we get guidance that is clear enough we can work it out,” Marby said.
A moratorium could enable Whois to carry on in its current state, or something close to it, while ICANN goes about creating a new policy that fits with the DPA’s guidance.
If the DPAs refuse a moratorium, we’re looking at a black hole of indeterminate duration during which nobody — not even law enforcement or self-appointed trademark cops — can easily access full Whois records.
“It’s not something I can do anything about, it’s really in the hands of the DPAs,” Marby said. “Remember that it’s the law.”
While ICANN has expended most of its effort to date on creating a model for the public Whois, there’s a parallel effort to create an accreditation program that would enable organizations with “legitimate purposes” to access full, or at least more complete, Whois records.
It’s the IP lawyers that are driving this effort, primarily, terrified that their ability to hunt down cybersquatters and bootleggers will be diminished come May 25.
ICANN has so far resisted calls to endorse the so-called “Cannoli” draft accreditation model, with Marby publicly saying that it needs cross-community support.
But the organization has committed staff support resources to discussion of Cannoli. There’s a new mailing list and there will be a community conference call this coming Friday at 1400 UTC.
Marby said that he shares the worries of the IP community, adding: “If we get the proper guidance from the DPAs, we will know how to sort out the accreditation model.”
He met with the Article 29 Working Party, comprised of DPAs, last week; the group agreed to put Whois on its agenda for its meeting next week, April 10-11.
The fact that it’s up for discussion is what gives Marby his cautious optimism that he will get the guidance he needs.
Assuming the DPAs deliver, ICANN is then in the predicament of having to figure out a way to enforce, via its contracts, a Whois system that is compliant with the DPAs’ interpretation of GDPR.
Usually, this would require a GNSO Policy Development Process leading to a binding Consensus Policy.
But Marby said ICANN’s board of directors has other options, such as what he called an “emergency policy”.
This is a reference, I believe, to the “Temporary Policies” clauses, which can be found in the Registrar Accreditation Agreement and Registry Agreement.
Such policies can be mandated by a super-majority vote of the board, would have to be narrowly tailored to solve the specific problem at hand, and could be in effect no longer than one year.
A temporary policy could be replaced by a compatible, community-created Consensus Policy.
It’s possible that a temporary policy could, for example, force Afilias and others to reverse their plans to switch to thin Whois.
But that’s perhaps getting ahead of ourselves.
Fact is, the advice the DPAs provide following their Article 29 meeting next week is what’s going to define Whois for the foreseeable future.
If the guidance is clear, the ICANN organization and community will have their direction of travel mapped out for them.
If it’s vague, wishy-washy, and non-committal, then it’s likely that only the European Court of Justice will be able to provide clarity. And that would take many years.
And whatever the DPAs say, Marby says it is “highly improbable” that Whois will continue to exist in its current form.
“The GDPR will have an effect on the Whois system. Not everybody will get access to the Whois system. Not everybody will have as easy access as before,” he said.
“That’s not a bug, that’s a feature of the legislation,” he said. “That’s not ICANN’s fault, it’s what the legislator thought when it made this legislation. It is the legislators’ intention to make sure people’s data is handled in a different way going forward, so it will have an effect.”
The community awaits the DPAs’ guidance with baited breath.

Community calls on ICANN to cut staff spending

ICANN should look internally to cut costs before swinging the scythe at the volunteer community.
That’s a key theme to emerge from many comments filed by the community last week on ICANN’s fiscal 2019 budget, which sees spending on staff increase even as revenue stagnates and cuts are made in other key areas.
ICANN said in January that it would have to cut $5 million from its budget for the year beginning July 1, 2018, largely due to a massive downwards revision in how many new gTLD domains it expects the industry to process.
At the same time, the organization said it will increase its payroll by $7.3 million, up to $76.8 million, with headcount swelling to 425 by the end of the fiscal year and staff receiving on average a 2% pay rise.
In comments filed on the budget, many community members questioned whether this growth can be justified.
Among the most diplomatic objections came from the GNSO Council, which said:

In principle, the GNSO Council believes that growth of staff numbers should only occur under explicit justification and replacements due to staff attrition should always occur with tight scrutiny; especially in times of stagnate funding levels.

The Council added that it is not convinced that the proposed budget funds the policy work it needs to do over the coming year.
The Registrars Stakeholder Group noted the increased headcount with concern and said:

Given the overall industry environment where organizations are being asked to do more with less, we are not convinced these additional positions are needed… The RrSG is not yet calling for cuts to ICANN Staff, we believe the organization should strive to maintain headcount at FY17 Actual year-end levels.

The RrSG shared the GNSO Council’s concern that policy work, ICANN’s raison d’etre, may suffer under the proposed budget.
The At-Large Advisory Committee said it “does not support the direction taken in this budget”, adding:

Specifically we see an increase in staff headcount and personnel costs while services to the community have been brutally cut. ICANN’s credibility rests upon the multistakeholder model, and cuts that jeopardize that model should not be made unless there are no alternatives and without due recognition of the impact.
…
Staff increases may well be justified, but we must do so we a real regard to costs and benefits, and these must be effectively communicated to the community

ALAC is concerned that the budget appears to cut funding to many projects that see ICANN reach out to, and fund participation by, non-industry potential community members.
Calling for “fiscal prudence”, the Intellectual Property Constituency said it “encourages ICANN to take a hard look at personnel costs and the use of outside professional services consultants.”
The IPC is also worried that ICANN may have underestimated the costs of its contractual compliance programs.
The Non-Commercial Stakeholders Group had some strong words:

The organisation’s headcount, and personnel costs, cannot continue to grow. We feel strongly that the proposal to grow headcount by 25 [Full-Time Employees] to 425 FTE in a year where revenue has stagnated cannot be justified.
…
With 73% of the overall budget now being spent on staff and professional services, there is an urgent need to see this spend decrease over time… there is a need to stop the growth in the size of the staff, and to review staff salaries, bonuses, and fringe benefits.

NCSG added that ICANN could perhaps reduce costs by relocating some positions from its high-cost Los Angeles headquarters to the “global south”, where the cost of living is more modest.
The ccNSO Strategic and Operational Planning Standing Committee was the only commentator, that I could find, to straight-up call for a freeze in staff pay rises. While also suggesting moving staff to less costly parts of the globe, it said:

The SOPC – as well as many other community stakeholders – seem to agree that ICANN staff are paid well enough, and sometimes even above market average. Considering the current DNS industry trends and forecasts, tougher action to further limit or even abolish the annual rise in compensation would send a strong positive signal to the community.

It’s been suggested that, when asked to find areas to cut, ICANN department heads prioritized retaining their own staff, which is why we’re seeing mainly cuts to community funding.
I’ve only summarized the comments filed by formal ICANN structures here. Other individuals and organizations filing comments in their own capacity expressed similar views.
I was unable to find a comment explicitly supporting increased staffing costs. Some groups, such as the Registries Stakeholder Group, did not address the issue directly.
While each commentator has their own reasons for wanting to protect the corner of the budget they tap into most often, it’s a rare moment when every segment of the community (commercial and non-commercial, domain industry and IP interests) seem to be on pretty much the same page on an issue.

Registries reject lower fees for anti-abuse prowess

Registries have largely rejected a proposal for them to be offered financial incentives to lower the amount of abuse in their gTLDs.
That’s despite the idea gaining broad support from governments, intellectual property interests and restricted-registration registries.
The concept of ICANN offering discounted fees to registries that proactively fight abuse was floated by the Competition, Consumer Trust, and Consumer Choice Review Team (CCT) back in November.
It recommended in its draft report, among other things:

Consider directing ICANN org, in its discussions with registries, to negotiate amendments to existing Registry Agreements, or in negotiations of new Registry Agreements associated with subsequent rounds of new gTLDs to include provisions in the agreements providing incentives, including financial incentives for registries, especially open registries, to adopt proactive anti-abuse measures.

“Proactive” in this case would mean measures such as preventing known bad actors from registering domains, rather than just waiting for complaints to be filed.
Given that registries have been calling for lower ICANN fees in other instances, one might expect to see support from that constituency.
However, the Registries Stakeholder Group said in a document filed to ICANN’s public comment period on the CCT’s latest recommendations that, it “opposes” the idea of such financial incentives. It said:

The RySG supports recognizing and supporting the many [registry operators] that take steps to discourage abuse, but opposes amending the RA as recommended, to mandate or incentivize ‘proactive’ anti-abuse measures.

The RySG complained that such a system would require lots of complex work to arrive at a definition of abuse and what kinds of measures would qualify as “proactive”.
Even if such definitions could be found, and amendments to the standard RA successfully negotiated, there’s still no guarantee that bad registries would sign up for the incentives or stick to their promises, “resulting in no net improvement to the current situation”, the RySG said.
The group is also concerned that adding more anti-abuse clauses to the RA could increase registries’ risk of liability should they be sued over abuse carried out by their customers.
Not all registries agreed with the RySG position, however.
The informal Verified Top-Level Domains Consortium, which comprises the two registries behind .bank, .insurance and .pharmacy, filed comments supporting the proposal.
It said that gTLDs with vetted eligibility requirements see no abuse but have lower registration volumes and therefore pay higher ICANN fees on a per-domain basis. It said:

ICANN should help to offset these costs to create a more level playing field with high-volume unrestricted registries, i.e., to enhance competition as well as consumer trust. If ICANN made it more financially advantageous to verify eligibility, other registries may be encouraged to adopt this model. The outcome would be the elimination of abuse in these verified TLDs.

Outside of the industry itself, the Governmental Advisory Committee and IP interests such as the Intellectual Property Constituency and INTA, filed comments supporting anti-abuse incentives.
The IPC “strongly” supported the recommendation, but added that the finer details would need to be worked out to ensure that lower ICANN fees did not translate automatically to lower registration fees and therefore more abuse.
Shocking nobody, it added that “abuse” should include intellectual property infringements.
Conversely, the Non-Commercial Stakeholders Group said it “strongly” opposes the recommendation, on the basis that it would push ICANN into a “content policeman” role in violation of its technical mandate:

ICANN is not a US Federal Trade Commission or an anti-fraud unit or regulatory unit of any government. Providing guidance, negotiation and worse yet, financial incentives to ICANN-contracted registries for anti-abuse measures is completely outside of our competence, goals and mandates. Such acts would bring ICANN straight into the very content issues that passionately divide countries — including speech laws, competition laws, content laws of all types. It would invalidate ICANN commitments to ourselves and the global community. It would make ICANN the policemen of the Internet, not the guardians of the infrastructure. It is a role we have sworn not to undertake; a role beyond our technical expertise; and a recommendation we must not accept.

Also opposed to incentivizing anti-abuse measures was the Messaging, Malware and Mobile Anti-Abuse Working Group (an independent entity, not an ICANN working group), which said there’s no data to support such a recommendation.

The reports provide no data that showcase what the implications of altering the economic underpinnings of a highly competitive market may entail, including inadvertent side effects such as registries that already sell low price domains being rewarded with lower ICANN fees. In fact, it may ultimately result in a race to the bottom and higher rates of domain abuse.

Instead, M3AAWG said that ICANN should concentrate is contractual compliance efforts on those registries that the data shows already have large amounts of abuse — presumably meaning the likes of .top, .gdn and the Famous Four Media stable.
ICANN itself filed a comment on the proposal, pointing out that it is not able to unilaterally impose anti-abuse measures into registry agreements.
One imagines that lowering fees at a time when its own budget is under a lot of pressure would probably not be something ICANN would be eager to implement.
These comments and more were summarized in ICANN’s report on the CCT public comment period, published yesterday. The comments themselves can be found here.
The comments feed back into the CCT review team’s work ahead of its final report, which is due to be published some time during Q1.
Under its bylaws, the CCT review is one of the things that ICANN has to complete before it opens the next round of new gTLD applications.

Ramchandani promoted to Radix CEO

New gTLD registry Radix has appointed long-time business head Sandeep Ramchandani as CEO.
He’s replacing Bhavin Turakhia, who is CEO of parent company Directi and executive chairman of Radix.
Ramchandani had a lot of autonomy as business head and VP of the company and, in my view, has been basically CEO in all but name for years. I’ve accidentally called him CEO in the pages of DI more than once.
In a press release, he said: “Just as the first few years of Radix were about demonstrating proof of concept, the next few will be about growing awareness and delivering accelerated growth. We are also actively looking to acquire more TLD assets to reach newer segments of the market while leveraging economies of scale.”
The company has a portfolio of nine gTLDs, including .website, .store and .online, and recently announced that its 2017 revenue topped $12 million.

Active new gTLD domains drop below 20 million

The number of domain names recorded in new gTLD zone files has dipped below 20 million for the first time in 18 months.
The total crossed the milestone in the wrong direction January 1, according to DI’s records.
As of today, there are 19.8 million domains in zone files, down from a peak of 26 million in March 2017.
The count has gone down by about half a million names in the last 90 days, largely as a result of declines in .top, .xyz and .kiwi, which have each recorded six-figure losses.
It’s the first time that the zone files have showed the number of domains going below 20 million since the beginning of June 2016, when XYZ.com sold millions of .xyz domains for a penny each. Most of those names did not renew a year later.
Zone files do not record every domain that has been registered, just those with active name servers. Others may be registered but unused or on hold for various reasons.

SpamHaus ranks most-botted TLDs and registrars

Namecheap and Uniregistry have emerged as two of the most-abused domain name companies, using statistics on botnet command and control centers released by SpamHaus this week.
SpamHaus data shows that over a quarter of all botnet C&Cs found during the year were using NameCheap as their registrar.
It also shows that almost 1% of domains registered in Uniregistry’s .click are used as C&Cs.
The spam-fighting outfit said it discovered “almost 50,000” domains in 2017 that were registered for the purpose of controlling botnets.
Comparable data for 2016 was not published a year ago, but if you go back a few years, SpamHaus reported that there were just 3,793 such domains in 2014.
Neither number includes compromised domains or free subdomains.
The TLD with the most botnet abuse was of course .com, with 14,218 domains used as C&C servers. It was followed by Directi’s .pw (8,587) and Afilias’ .info (3,707).
When taking into account the relative size of the TLDs, SpamHaus fingered Russian ccTLD .ru as the “most heavily abused” TLD, but its numbers don’t ring true to me.
With 1,370 botnet controllers and about five and a half million domains, .ru’s abused domains would be around 0.03%.
But if you look at .click, with 1,256 botnet C&Cs and 131,000 domains (as of September), that number is very close to 1%. When it comes to botnets, that’s a high number.
In fact, using SpamHaus numbers and September registry reports of total domains under management, it seems that .work, .space, .website, .top, .pro, .biz, .info, .xyz, .bid and .online all have higher levels of botnet abuse than .ru, though in absolute numbers some have fewer abused domains.
In terms of registrars, Namecheap was the runaway loser, with a whopping 11,878 domains used to control botnets.
While SpamHaus acknowledges that the size of the registrar has a bearing on abuse levels, it’s worth noting that GoDaddy — by far the biggest registrar, but well-staffed with over-zealous abuse guys — does not even feature on the top 20 list here.
SpamHaus wrote:

While the total numbers of botnet domains at the registrar might appear large, the registrar does not necessarily support cybercriminals. Registrars simply can’t detect all fraudulent registrations or registrations of domains for criminal use before those domains go live. The “life span” of criminal domains on legitimate, well-run, registrars tends to be quite short.
However, other much smaller registrars that you might never have heard of (like Shinjiru or WebNic) appear on this same list. Several of these registrars have an extremely high proportion of cybercrime domains registered through them. Like ISPs with high numbers of botnet controllers, these registrars usually have no or limited abuse staff, poor abuse detection processes, and some either do not or cannot accept takedown requests except by a legal order from the local government or a local court.

The SpamHaus report, which you can read here, concludes with a call for registries and registrars to take more action to shut down repeat offenders, saying it is “embarrassing” that some registrars allow perpetrators to register domains for abuse over and over and over again.

Radix says it’s profitable after making $12 million this year

New gTLD stable Radix said today that it expects to top $12 million in revenue this year.
The company also told DI that it is currently profitable.
Radix, which counts the likes of .site and .store among its portfolio of nine active gTLDs, said revenue so far for the calendar year has been tallied at $11.7 million.
The company said that more than half of revenue came from “non-premium domain renewals”, an important metric when considering the long-term health of a domain business.
Recurring revenue of non-premiums was almost twice as much as new registrations, Radix said. Only $1.76 million of revenue came from premium sales (14%) and renewals (86%).
The US accounted for just under half of revenue, with Germany at 14.4% and China, where .site was fully active for the whole year and four other TLDs were approved in October, coming in at 7.7%.
Radix is a private company, part of the Directi Group, and has not previously disclosed its financials.
Assuming apples-to-apples comparisons are valid (which may not be the case), its figures compare favorably to public competitors such as MMX, which expects to report 2017 in the same ball-park despite having more than twice as many gTLDs under management.

Open Whois must die, Europe privacy chiefs tell ICANN

Unfettered public access to full Whois records is illegal and has to got to go, an influential European Union advisory body has told ICANN.
The Article 29 Working Party on Data Protection, WP29, wrote to ICANN yesterday to say that “that the original purposes of the WHOIS directories can be achieved via layered access” and that the current system “does not appear to meet the criteria” of EU law.
WP29 is made up of representatives of the data protection agencies in each EU member state. It’s named after Article 29 of the EU’s 1995 Data Protection Directive.
This directive is parent legislation of the incoming General Data Protection Regulation, which from May 2018 will see companies fined potentially millions of euros if they fail to protect the privacy of EU citizens’ data.
But WP29 said that there are questions about the legality of full public Whois under even the 1995 directive, claiming to have been warning ICANN about this since 2003:

WP29 wishes to stress that the unlimited publication of personal data of individual domain name holders raises serious concerns regarding the lawfulness of such practice under the current European Data Protection directive (95/46/EC), especially regarding the necessity to have a legitimate purpose and a legal ground for such processing.

Under the directive and GDPR, companies are not allowed to make consent to the publication of private data a precondition of a service, which is currently the case with domain registration, according to WP29.
Registrars cannot even claim the publication is contractually mandated, because registrants are not party to the Registrar Accreditation Agreement, the letter (pdf) says.
WP29 adds that law enforcement should still be able to get access to Whois data, but that a “layered” access control approach should be used to prevent full disclosure to anyone with a web browser.
ICANN recently put a freeze on its contract compliance activities surrounding Whois, asking registries and registrars to supply the organization with the framework and legal advice they’re using to become compliant with GDPR.
Registries and registrars are naturally impatient — after a GDPR-compatible workaround is agreed upon, they’ll still need to invest time and resources into actually implementing it.
But ICANN recently told contracted parties that it hopes to lay out a path forward before school breaks up for Christmas December 22.