Is The Hunger Games’ new .movie domain illegal?

Donuts may have launched its best new gTLD anchor tenant in violation of ICANN rules.
The company revealed earlier this week that The Hunger Games movies are using thehungergames.movie to promote the fourth and final installment of the wildly successful “trilogy”.
The domain name even features in the trailer for the film, which currently has over 1.7 million YouTube views.
But it has been claimed that Donuts activated the domain in the DNS two weeks before it was allowed to under its ICANN registry contract.
It boils down to “controlled interruption”, the controversial mechanism by which registries mitigate the risk of potentially harmful name collisions in the DNS.
Under ICANN’s rules for CI, for 90 days registries have to implement a wildcard in their zone file that redirects all domains other than nic.[tld] to 127.0.53.53 and your-dns-needs-immediate-attention.[tld].
“The Registry Operator must not activate any other names under the TLD until after the 90-day controlled interruption period has been completed,” the rules say, in bold text.
Donuts’ .movie was delegated on or around March 26, which means when thehungergames.movie was activated there were still about two weeks left on the .movie CI clock.
As far as I can tell from reading ICANN documentation on CI, there are no carve-outs for anchor tenants.
The .movie zone file has five other domains related to The Hunger Games in it — the only names other than nic.movie — but they don’t seem to resolve.
There’s no actual security or stability risk here, of course.
If .movie had used the old method of blocking a predefined list of identified name collisions, thehungergames.movie would not have even been affected — it’s not on .movie’s list of collisions.
However, if ICANN decides rules have been broken and Donuts is forced to deactivate the domain, it would be a painfully embarrassing moment for the new gTLD industry.
It can perhaps be hoped that ICANN’s process of investigating such things takes about two weeks to carry out.
I’ve contacted Donuts for comment and will provide an update if and when I receive any additional information.

NameVault terminated by ICANN

NameVault, a registrar that once had over 75,000 domains under management, has been terminated by ICANN over multiple alleged contract breaches.
ICANN told (pdf) the Canadian company this week that its right to sell gTLD domain names will come to an end June 17.
The breaches primarily relate to its failure to provide records relating to the domain stronglikebull.com and its failure to provide ICANN with a working phone number.
NameVault belonged to domain investor Adam Matuzich, but I hear he may have sold it off to an Indian outfit several months ago (that may have been a surprise to ICANN too).
Back in 2011, it had over 75,000 names on its books. Today, it has fewer than 1,000.
The decline seems to be largely due to the departure of fellow domain investor Mike Berkens, who started taking his portfolio to Hexonet a few years ago.
ICANN will now ask other registrars if they want to take over NameVault’s domains.
It’s the fourth registrar to lose its accreditation this year.

Three registrars suspended by ICANN

ICANN has enforced the 2013 Registrar Accreditation Agreement against three more registrars, suspending their ability to sell gTLD domain names.
Canadian registrar Namevault, along with Signdomains and Times Internet of India, cannot sell domains or accept inbound transfers from April 21 to July 20, according to ICANN compliance notices.
Namevault’s suspension came after it got its third compliance strike in a year, this time relating to its failure to provide records about domain stronglikebull.com, which was at Namevault from 2008 but is now at Go Daddy.
Times Internet has failed to implement a Whois service, despite being first warned about its failings last September, ICANN says.
Signdomains was originally issued a breach notice due to its failure to pay over $3,000 in accreditation fees. It also does not display pricing information on its web site, according to ICANN. Neither breach has been rectified.
The three registrars have not many more than 10,000 names under management between them, according to latest registry reports.
They’re the first three registrars to have their RAAs suspended in 2015. Three other registrars have been terminated since the beginning of the year.

Identify.com terminated

ICANN has terminated the accreditation of defunct registrar Identify.com.
The company received its final compliance notice (pdf) last week and will lose its contractual ability to sell gTLD domains April 17.
Not that many will notice or care.
According to the notice, ICANN has been informed that the company is no longer in business.
Identify.com does not currently resolve to a web page, at least for me. According to registry reports, it had just six domain names under management in November.
Back in 2011, its DUM was measured in the low hundreds. Most transferred out or deleted in the meantime.
According to the notice, the registrar failed to provide information about its dealings with the owner of a specific domain name, patschool.com.
According to DomainTools, that domain has never been registered with Identify.com.
It’s ICANN’s third registrar termination in 2015.

.tk registrar gets ICANN breach notice

OpenTLD, the registrar owned by .tk registry Freenon, has received an odd contract-breach notice from ICANN.
The company apparently forgot to send ICANN a Compliance Certificate for 2014, despite repeated pestering by ICANN staff.
It’s the first time I’ve seen ICANN issue a breach notice (pdf) for this reason.
A Compliance Certificate, judging by the 2013 Registrar Accreditation Agreement, seems to be a simple form letter that the CEO must fill in, sign and submit once a year.
Coming back into compliance would be, one imagines, five minutes’ work.
As well as being an ICANN-accredited registrar, OpenTLD is part of Freenom. That’s the registry that repurposes under-used ccTLDs with a “freemium” model that allows free registrations.
Its flagship, .tk, is the biggest ccTLD in world, with over 30 million active names.

Two legit registrars held to account for lack of abuse tracking

ICANN Compliance’s campaign against registrars that fail to respond to abuse reports continued last week, with two registrars hit with breach notices.
The registrars in question are Above.com and Astutium, neither of which one would instinctively bundle in to the “rogue registrar” category.
Both companies have been told they’ve breached section 3.18.1 of their Registrar Accreditation Agreement, which says: “Registrar shall take reasonable and prompt steps to investigate and respond appropriately to any reports of abuse.”
Specifics were not given, but it seems that people filed abuse reports with the registrars then complained to ICANN when they did not get the response they wanted. ICANN then was unable to get the registrars to show evidence that they had responded.
Both companies have until February 12 to come back into compliance or risk losing their accreditations.
Domain investor-focused Above.com had over 150,000 gTLD domains on its books at the last official count. UK-based Astutium has fewer than 5,000 (though it says the current number, presumably including ccTLD names, is 53,350).
It’s becoming increasingly clear that registrars under the 2013 RAA are going to be held to account by ICANN to the somewhat vague requirements of 3.18.1, and that logging communications with abuse reports is now a must.

ICANN audit claims two more registrar scalps

Two tiny registrars — WebZero and Black Ice Domains — have had their registrar accreditations terminated for a failure to respond to a routine ICANN audit.
Israel-based Black Ice had just a couple thousands gTLD domains under management; US-based WebZero had fewer than 100.
Both registrars stood accused of not providing documents to ICANN in response to an audit, per their Registrar Accreditation Agreements.
ICANN will now look for a registrar or registrars to take over these registrars’ domains.

A quarter of registrar’s names are “illicit pharmacies”

One in four of the domain names registered with the registrar NetLynx are linked to current, past or potential future rogue drug sites, according to online pharmacy monitor LegitScript.
The Mumbai-based registrar was hit with a breach notice by ICANN Compliance last week, over an alleged failure to investigate an abuse complaint about a single customer domain, tnawsol24h.com.
NetLynx did not adequately respond to ICANN’s calls from November 26 to January 5, according to the notice (pdf).
While ICANN did not identify the source or nature of the complaint, according to LegitScript it was filed by the UK Medicines and Healthcare products Regulatory Agency and it claimed that the domain was being used as a “rogue internet pharmacy”.
LegitScript did some research into NetLynx’s domains under management and now claims that it is not an isolated case.
Company president John Horton blogged:

at least a quarter of the registrar’s business is dependent on rogue Internet pharmacy registrations, with roughly 3,000 of the 12,000 domain names under the registrar’s portfolio taggable as current, past or “holding sites” for illicit online pharmacies.

Horton clarified for DI that the 3,000 number is extrapolated from the fact that LegitScript managed to categorize 1,820 out of the 7,000 NetLynx domains it could find as problematic.
Of those, 820 were “online and active” rogue pharmacies, he said. He gave canadian-drug-pharmacy.com, pills-delivery.net and pillsforlife.net as examples.
Another 780 were hosting rogue pharmacies in the past but have since been shut down, he said.
Finally, LegitScript categorized 220 as “meeting known patterns” for “holding sites” where illicit pharmacies may be launched in future. Horton said:

many of the spam pharma organizations use “holding domain names” (not all are online at any one time), so if the website was NOT currently online, we looked to a variety of data — known domain name patterns, screenshots, known rogue name servers, known rogue IP addresses, etc. — to determine the likelihood that a domain name is likely to be a rogue Internet pharmacy, and gave NetLynx the benefit of the doubt if there was any lack of certainty

LegitScript classifies online pharmacies as “rogue” if they offer to ship medicines without a prescription to people in jurisdictions where prescriptions are required.
Horton is now calling for ICANN to look into terminating NetLynx’s accreditation.

New .jobs contract based on new gTLD agreement

ICANN and Employ Media are set to sign a new contract for operation of the .jobs registry which is based heavily on the Registry Agreement signed by all new gTLD registries.
.jobs was delegated in 2005 and its first 10-year RA is due for renewal in May 2015.
Because Employ Media, like all gTLD registries, has a presumption of renewal clause in its contract, ICANN has published the proposed new version of its RA for public comment.
It’s basically the new gTLD RA, albeit substantially modified to reflect the fact that .jobs is a “Sponsored TLD” — slightly different to a “Community” TLD under the current rules — and because .jobs has been around for nine years already.
That means it won’t have to sign a contract forcing it to run Sunrise or Trademark Claims periods, for example. It won’t have to come up with a Continued Operations Instrument — a financial arrangement to cover operating costs should the company go under — either.
Its commitments to its sponsor community remain, however.
ICANN said it conducted a compliance audit on Employ Media before agreeing to the renewal.
Employ Media remains the only gTLD registry to have been hit by a formal breach notice by ICANN Compliance. In 2011, it threatened to terminate its contract over a controversial proposal to all job aggregation sites to run on .jobs domains.
The registry filed an Independent Review Process complaint to challenge the ruling and ICANN eventually backed down in 2012.
The fight came about as a result of complaints from the .JOBS Charter Compliance Coalition, a group of jobs sites including Monster.com.

Black Ice suspended by ICANN

A small Israeli registrar has had its registrar accreditation suspended by ICANN.
Black Ice domains, which has a few thousand .com and .net domains under management, failed to comply with an ICANN audit and was overdue on its fees by over $5,000, according to the ICANN notice (pdf).
It won’t be allowed to sell gTLD domains or accept inbound transfers from December 19 to March 18, and may be terminated if it fails to come back into compliance.
The registrar is the fourth to have its accreditation suspended by ICANN in 2014. The organization has terminated a further seven registrars, down on the 11 terminated in the whole of 2013.