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Go Daddy advertising privacy petition on Facebook

Go Daddy appears to be putting its money where its mouth is when it comes to arguments about domain privacy.

The company is paying for “sponsored” posts on Facebook that promote the ongoing petition against proposed changes to Whois policy at ICANN.

This has been appearing on Facebook for me all day, seriously interrupting my Farmville time:

Go Daddy ad

Clicking the ad takes you directly to the Save Domain Privacy petition, rather than a Go Daddy sales pitch.

As I reported last week, thousands of internet users have blasted ICANN with template comments complaining about proposed limits on Whois privacy.

There are currently over 10,000 such comments, I estimate, with over a week left until the filing deadline.

Registrars, Go Daddy among them, are largely concerned about a minority proposal emerging from in a proxy/privacy service accreditation working group that would ban transactional e-commerce sites from having private registrations.

They’re also bothered that intellectual property owners could get more rights to unmask privacy users under the proposals.

Despite Go Daddy’s outreach, Repect Our Privacy, letter-writing campaign, backed by NameCheap and the Electronic Frontier Foundation, seems to be responsible for most of the comments filed to date.

Not that it’s necessarily relevant today, but NameCheap and Go Daddy were on opposing sides of the Stop Online Piracy Act debate — a linked controversy — a few years back.

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Afilias promises cash for LGBT cause with .lgbt sales

Afilias has promised to donate a slice of .lgbt registration fees to a LGBT organization for the next few months.

The company, which acts as registry for .lgbt, said it will give $20 to the It Gets Better Project for every name registered through October 11.

It Gets Better is a US-based non-profit devoted to supporting LGBT people through their often rough teenage years.

Afilias said the promotion is meant to celebrate the recent legalization of same-sex marriage in the US and Ireland.

The October 11 end date was picked because that is National Coming Out Day in the US.

.lgbt names currently retail for roughly $45 to $60 a year.

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First example of .sucks cybersquatting?

The .sucks domain has been generally available for a little over a week now, and I’ve found what may be the first example of somebody attempting to sell one to a brand owner.

amherstcollege.sucks is one of only a handful on non-registry-owned .sucks domains to have a web site already indexed by Google.

The site solicits commentary about Amherst College — a liberal arts university in Massachusetts that owns a US trademark on “Amherst” — but does not yet publish any such criticism.

However, the phrases “AMHERSTCOLLEGE.SUCKS DOMAIN NAME + WEBSITE IS FOR SALE” and “IF YOU ARE INTERESTED IN PURCHASING THIS DOMAIN AND WEBSITE CONTACT US” appear prominently on the bare-bones WordPress blog currently running at the site.

The Whois record shows “THIS DOMAIN IS FOR SALE” as the registrant organization.

Under the UDRP, offering a domain for sale is usually considered enough to meet the “bad faith” part of the three-prong cybersquatting test.

I doubt it’s the only example of a .sucks domain matching a brand currently listed for sale by a third-party registrant, but it is the first one showing up in Google.

It’s still early days; the other .sucks domains with sites and a Google presence are a mix of redirects, mirroring and placeholders.

Microsoft-owned microsoft.sucks is one of them. It redirects to a Bing search results page.

The $250-a-year .sucks gTLD, managed by Vox Populi registry, currently has fewer than 5,700 domains in its zone file. Growth has ground almost to a halt over the last few days.

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Registrars open floodgate of Whois privacy outrage

Kevin Murphy, June 26, 2015, Domain Policy

A letter-writing campaign orchestrated by the leading domain registrars has resulted in ICANN getting hit with over 8,000 pro-privacy comments in less than a week.

It’s the largest volume of comments received by ICANN on an issue since right-wing Christian activists deluged ICANN with protests about .xxx, back in 2010.

The comments — the vast majority of them unedited template letters — were filed in response to the GNSO Privacy & Proxy Services Accreditation Issues (PPSAI) Working Group Initial Report.

That report attempts to bring privacy and proxy services, currently unregulated by ICANN, under ICANN’s contractual wing.

There are two problematic areas, as far as the registrars are concerned.

The first is the ability of trademark and copyright owners to, under certain circumstances, have the registrant of a privately registered name unmasked.

Upon receiving such a request, privacy services would have 15 days to obtain a response from their customer. They’d then have to make a call as to whether to reveal their contact information to the IP owner or not.

Possibly the most controversial aspect of this is described here:

Disclosure cannot be refused solely for lack of any of the following: (i) a court order; (ii) a subpoena; (iii) a pending civil action; or (iv) a UDRP or URS proceeding; nor can refusal to disclose be solely based on the fact that the request is founded on alleged intellectual property infringement in content on a website associated with the domain name.

In other words, the privacy services (in most cases, also the registrar) would be forced make a judgement on whether web site content is illegal, in the absence of a court order, before removing Whois privacy on a domain.

The second problematic area is an “additional statement” on domains used for commercial activity, appended to the PPSAI report, penned by MarkMonitor on behalf of Facebook, LegitScript, DomainTools, IP attorneys Smith, Gambreall & Russell, and itself.

Those companies believe it should be against the rules for anyone who commercially transacts via their web site to use Whois privacy.

Running ads on a blog, say, would be fine. But asking for, for example, credit card details in order to transact would preclude you from using privacy services.

The PPSAI working group didn’t even approach consensus on this topic, and it’s not a formal recommendation in its report.

Regardless, it’s one of the lynchpins of the current registrar letter-writing campaigns.

A page at SaveDomainPrivacy.org — the site backed by dozens of registrars big and small — describes circumstances under which somebody would need privacy even though they engage in e-commerce.

Home-based businesses, shelters for domestic abuse victims that accept donations, and political activists are all offered up as examples.

Visitors to the site are (or were — the site appears to be down right now (UPDATE: it’s back up)) invited to send a comment to ICANN supporting:

The legitimate use of privacy or proxy services to keep personal information private, protect physical safety, and prevent identity theft

The use of privacy services by all, for all legal purposes, regardless of whether the website is “commercial”

That privacy providers should not be forced to reveal my private information without verifiable evidence of wrongdoing

The content of the site was the subject of a sharp disagreement between MarkMonitor and Tucows executives last Saturday during ICANN 53. I’d tell you exactly what was said, but the recording of the relevant part of the GNSO Saturday session has not yet been published by ICANN.

Another site, which seems to be responsible for the majority of the 8,000+ comments received this week, is backed by the registrar NameCheap and the digital civil rights groups the Electronic Frontier Foundation and Fight For The Future.

NameCheap appears to be trying to build on the reputation it started to create for itself when it opposed the Stop Online Piracy Act a few years ago, going to so far as to link the Whois privacy reforms to SOPA on the campaign web site, which says:

Your privacy provider could be forced to publish your contact data in WHOIS or even give it out to anyone who complains about your website, without due process. Why should a small business owner have to publicize her home address just to have a website?

We think your privacy should be protected, regardless of whether your website is personal or commercial, and your confidential info should not be revealed without due process. If you agree, it’s time to tell ICANN.

The EFF’s involvement seems to have grabbed the attention of many reporters in the general tech press, generating dozens of headlines this week.

The public comment period on the PPSAI initial report ends July 7.

If it continues to attract attention, it could wind up being ICANN’s most-subscribed comment period ever.

Do geeks care about privacy more than Christians care about porn? We’ll find out in a week and a half.

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Puerto Rico to host ICANN meeting next year

Kevin Murphy, June 26, 2015, Domain Policy

ICANN is to host its first second ever public meeting on a Caribbean island.

The organization’s board of directors yesterday voted in favor of holding ICANN 57 in San Juan, Puerto Rico.

Technically, this fulfills ICANN’s commitment to hold the meeting in North America, even though physically Puerto Rico is in the Caribbean.

The island is one of those oddities in terms of territories in that it inherits its ICANN region from its political overlords.

Puerto Rico is a US territory, which puts it in ICANN’s North American region. The neighboring British Virgin Islands is, according to ICANN, in Europe.

ICANN 57 will be held from October 29 to November 4 2016, at the tail end of Puerto Rico’s hurricane season. It’s the second time ICANN has visited the island, the first since 2007.

There’s no word yet on where ICANN 56, June 2016, will be held. It’s a designated slot for an Latin American/Caribbean host nation.

ICANN 55 will be held in Marrakech next March, ICANN’s board confirmed yesterday, rescheduled from March this year due to the Ebola scare.

Dublin will host ICANN 54 this coming October.

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